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1992-808600· Recording Request ·: ! 2-vSuu uv city of Encinitas I?-DE~- 199,_ 0O: IS~ When Recorded Mail to: City Engineer 9FFICI~L City of Encinitas SAN DtEGD LUIJNT, ~c~OR~t~ ~ ~]r, h..~ 527 Encinitas Boulevard Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIG~AY Assessor's Parcel Project No.: EN 92-479 No. 260-274-03 W.O. No.: N/A Stephen V. Gibbens and Caren A. Gibbens hereinafter, called GRANTOR(S), do(~ hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public highway upon, over and across that certain real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE TF/03/COVl--256WP5 (3-18-91) 1 extend drainage struc~es and excavation and embankment slopes.beyond the limits of the herein described right-of-way where required for the construction and maintenance of said CITY Highway. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the riaht to el~e~ uch slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by the City Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said highway. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this day of , 19__ · S~ephen V. Gibbens GENERAL ACKNOWLEDGMENT .~ 801 State of~ , ~ On this the.~='~ay of ~/_~~__ 19~._2,,.before me, the undersigned Notary Public, personally appeared E~ personally known to me i;./}~.~ HELEN L. WERNER q ~ proved to me on the basis of satisfactory evidence l':? '~¢ ' NOTARY PUBLIC-CALIFORNiA to be the person(s) whose name(s) . ¢,¢,~¢4_-'- _subscribed to the  SAN DIEGO COUNTY~ within instrument, and !.;,,y'.'i?~.~L.??' t?/~.j¢9?~_,! WITNESS my hand and official seal. that it. TF/03/COVl-256WP5 (3-18-91) The Southwesterly 3.00 feet of Lot "F" in Block 81 of CARDIFF VILLA TRACT, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1469, filed in the Office of the County Recorder of San Diego County, August 10, 1912. i UBORDINATiON AGREEMENT WHEREAS, those pa~ :les concerned, desire to have the Deed of Trust recorded 03-08-88 as File/Page No. 88-105391 subordinated, to Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter) required as condition of approval of EN 92-479 .; Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT saidto the Deed same of extent Trust. as if said DOCUMENT h~___~A~ been executed prior to. DATED BENEFiCIArY By: Title: Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate acknowledgement. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Date / ~--~~- By ~-~- ~ ~~-~ WARREN H. SHAFER, City Manager City of Encinitas TF/03/COVl-256WP5 (3-18-91) 3 805 ' ~ ~OBORDINATION AGREEMENT WHEREAS, those par :les concerned, desire to the Deed of Trust recorded 09-13-90 as File/Page No. 90-499938 subordinated to Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter required as condition of approval of EN 92-479 ; Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to ~aid Deed of Trust. DATED BENEFICIARY OR TRUSTEE ' Title.'/ ~ J. ~ (Single Form) Dtar i z ed. Effective 1/1/91 STATE OF CA)IFO NIA , , } COUNTY OF ~'*L. /'x/'id-(..c'./-O) SS. On %-~/fr~/~/)~L~z/ ~¢ ¢~W/,) beforcme, theundersigneO, a Sotary Public in and for said State, personallyappeared ~/~L ~'.' /~Z~I')~-~./L/~' ~ ALL-PURPOSE ACKNOWLEDGMENT State of~ ]!~? s 0 S,G,ER On 9J~-9-/--~ before [] INDIVIDUAL oA~ [] CORPORATE_ OFFICER(S)_ -- rm:~(s) -' personally a [] PARTNER(S) [] LIMITED [] GENERAL .J;~ personally known to me - OR - [] proved to me on the basis of satisfactory [] ATTORNEY-IN.FACT to be the person(s) whose name(s) is/are [] TRUSTEE(S) subscribed to the within instrument and [] GUARDIAN/CONSERVATOR acknowledged to me that he/she/they [] OTHER: executed the same in his/her/lheir i,o --t~c~u~--s~.., [ authorized capacity(les), and that by -- t0~$ffilBl~ [ his/her/their signature(s) on the instrument ~.~,~ the person(s), or the entity upon behalf of SIGNER IS REPRESENTING: ~.,,,,,.~,,oo,[ which the person(s) acted, executed the NAI~EOFPERSON(s)ORENTffy(rES) ............ "~ instrument. ~~tnd-°ffi-cial seal' ~__ ATFENTION NOTARy: Although the informa~on requested below is OPTI~?A L, it COuld prevent fraudulent attachment of this cer~i§cate to en unauthorized document. THIS CERTIFICATE Title or Type of Document ._~ j,.~,.,w g ~=,L,,~ MUST BE ATTACHED TO THE DOCUMENT Number of Pages__ J Date of Document ~I~ ~. ~., DESCRIBED AT RIGHT: Signer(s) Other than Named Above_ ©1992 NATIONAL NOTARy ASSCCIATION · 8236 Remme Ave,, p O.