1992-468738 ,City of Encinitas
When Recorded Mail to:
City Engineer ~,~
...... ~OUht .... ~,,[ ...... Fur
City of Encinitas ) ,:=
527 Encinitas Boulevard ) ~.
Encinitas, CA 92024 ) <.~
FOR THE BENEFIT OF THE CITY )
)SPACE ABOVE FOR RECORDER'S USE ONLY
~S~E~T FOR OITY
Assessor's Parcel Project No.:91-142TPM
No. 260-084-09 W.O. No.:2785 PM
JEFFREY HEINRICH AND KATHLEEN HEINRICH
hereinafter called GRANTOR(S), do(es) 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 ATTACHED EXHIBIT "A"
EASEMENT IS GRAPHICALLY DEPICTED ON ATTACHED EXHIBIT "B"'
TF/03/COV1-256WP5 (3-18-91) 1
_ 117
· " The Grantor her~ further grants to the tY OF ENCINITAS the
' privilege and to extend .drainage struL'~ures 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 right to eliminate
such 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 ~y , 19~
OWNER: /'~FF~Y ~EINRICH
~ KATHLEES HEISRICH
Signature of Owner's to be notarized.
Attach the appropriate acknowledgements.
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 Right-of-Way Dedication and consents to
recordation thereof by its duly authorized officer.
Date: '7~ g~7-q~- By: t'CO~-- -'i~ <~/~~--
WARREN H. SHAFER,JCity Manager
City of Encinitas
TF/03 6WP5 (3-18-91) 2
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
ON .~-qZ-~/ ~/ / ~t. BEFORE ME, THE
UNDERSIGNED,
A
NOTARY
PUBLIC IN!AN~) FOR SAID STATE, PERSONALLY APPEARED JEFFREY
HEINRICH, (PERSONALLY KNOWN TO ME)(PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCEi TO BE TfIE PERSON(-S'~ WHOSE NAME('S') IS/-A~
SUBSCRIBED TO THE WITHIN INSTRUMENT AND 'ACKNOWLEDGED TO ME THAT
HE/ ..... T .... EXECUTED THE SAME IN HI / ..........
S,} ...., · r~ AUTHORIZED
CAPACITY(-IES-), AND THAT BY HIS/~ER/THEiR SIGNATURE(F:-) ON THE
INSTRUMENT THE PERSON(S-), OR THE ENTITY(IE~-~ UPON BEHALF OF WHICH
THE PERSON(,~-~ ACTED, EXECUTED THE INSTRUMENT.
WITNESS WHERE OF I HAVE SET MY }{AND THIS ~'~ DAY OF
%-~'/--- ~/ , 199'/, .
/
NAME. ~c~/~ t ~ ~ /~'. ~ ~ q~3~
PRINCIPAL PLACE OF BUSINESS: ~ DI~O ~ ~ ]~[E~.SWE~ON ~
MY COMMISSION EXPIRES: ~&/7~ ~~oc~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON _~n.~_. ,-30,1 q~ BEFORE ~E, ~HE UNDERSIGNED, A NOTAR~
PUBLIC IN AND FOR S~ID STATE, PERSONALLY APPEARED
HE___INRI___CH~ (PERSONALLY KNOWN TO ME)(PROVED TO ME ON THE BASIs OF
SATISFACTORY EVIDENCE) TO BE THE PERSON(s) WHOSE NAME(s) IS/ARE
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEiR AUTHORIZED
CAPACITY(lES), AND THAT BY HIS/HER/THEiR SIGNATURE(s) ON THE
INSTRUMENT THE PERSON(s), OR THE ENTITY(IES) UPON BEHALF OF WHICH
THE PERSON(s) ACTED, EXECUTED THE'INSTRUMENT.
WITNEss WHERE OF I HAVE SET MY HAND THIs
_, ~99~ -- DAY OF
PRINCIPAL P~AC~ff)~ L. ~ -
MY COMMISSION EXPIRES: rO/~q~ ''
2120
WHEREAS, those parties concerned, desire to have the Deed of Trust
recordedAUC 14~198~s File/Page No. 86-34~?Q~ subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter)
required as condition of approval of T.P.H.91~147 ;
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
said Deed of Trust.
~/~/f~-
DATED BENEFICIARY OR TRUSTEE
Title: · ~ ,'c~
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
STATE OF CALIFORNIA 'al', f Encinitas,
COUNTY OF ~qan Di~o }
-- - ~aid Council
On ~4ay 7.r 1992 before me. Carolyn K~nny tsents to the
consents to
personally appeared Mc~ L. hunt, Second Vice President
Ily k (
persona nown to me or proved
subscribed to the within
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
executed the same in his/her/their authorized capacity(les),
instrument and acknowledged to me that he/she/they .-
and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behaff of which the ~anager
person(s) acted, executed the instrument. ~' ~ ~ ~"~O~,~CZ~ S~%~
~-~C~ROLYN KENNY,~
WITNESS my hand and official seal.
sig z'. ;?C ........
TF / 03 / COVl-~56WP5 (3-18-91) 3
EXHIBIT "A"
AN EASEMENT FOR ROADWAY PURPOSES OVER, UNDER, ALONG AND ACROSS
THE WESTERLY 3.00 FEET OF THAT PORTION OF LOT 13 OF RIDGEWAY
HEIGHTS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP THEREOF NO. 2163 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 3, 1939,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 13; THENCE
ALONG THE WESTERLY LINE OF SAID LOT 13, S 17 33'08" W 67.16 FEET
AND S 22 58'21" W 15.78 FEET; THENCE LEAVING SAID WESTERLY LINE,
N 87 24'08" E TO AN INTERSECTION WITH A LINE BEARING S 07 19'48"
E FROM A POINT IN THE NORTHERLY LINE OF SAID LOT 13, DISTANT
THEREON N 87 24'08" E 150 FEET FROM THE NORTHWESTERLY CORNER OF
SAID LOT; THENCE N 07 19'48" W 77.54' TO SAID POINT IN THE
NORTHERLY LINE OF LOT 13; THENCE S 87 24'08" W ALONG SAID
NORHTERLY LINE 150 FEET TO THE POINT OF BEGINNING.