Loading...
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.