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1987-355260City of Encinitas I ) ~I)::;,:: t~:~F<:~:; 535 Encinitas Blvd., Suite 100 I Encinitas, CA 92024 I i~? J!jN 25 A)i 8:25 I I t VEF(A L. LYLE m NO TRANSFER TAX DUE I SPACE ABOVE FOL~R[~GO~(O LY E~E~NT FOR PUBLIC NIGNWAY ~F[~ Assessor's Parcel Project:Olivenhain Rd./TM4579-1 No. 255-040-13 W.O. No. :TE2941 Parcel No. :87-0184-A Log No. :225-06 G. ROGER HOYMAN and JOAN K. HOYMAN, husband and wife AND WILLIAM C. HOYMAN, an unmarried man AND MARY H. CARPENTER, a married woman as her sole and separate property hereinafter called GRANTOR(S), do(mE) hereby GRANT, CONVEY and DEDICATE to the City of Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for public highway upon, over and across that certain real property in the City of Encinitas, State of California, described as follows: Parcel No. 87-0184-A (05-12-87) (ENG:DMW:po) The Northerly 61.00 feet of that portion of Lot 12 of RANCHO LAS ENCINITAS in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 848, on file in the County Recorder's Office of said County described as follows: Commencing at the Northeasterly corner of said Lot 12; thence South 87°03'30'' West, along the Northerly line thereof, 1213.52 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line, South 87°03'30'' West, 446.00 feet; thence South 02°56'30'' East, 300.00 feet; thence North 87°03'30'' East, 446.00 feet; thence North 02°56'30'' West, 300.00 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM the Easterly 333.00 feet thereof. TOGETHER WITH that portion of said portion of Lot 12 lying Northwesterly of the arc of a 25.00 foot radius curve, concave Southeasterly, that is tangent to both the southerly line of said Northerly 61.00 feet AND the Westerly line of said portion of Lot 12. , ' 141 ~he ~RANT~R hereby further grants to the GRANTEE the privilege and right to extend drainage -structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said 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 District 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 said Engineer(s). 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 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 ~'~7~ day of /~, ~ 7 , 19 ~ 7 MARY N~ CARPENTER / ~TATE OF )ss. of , 19 , before me, the undersigned, a Notary ~lic in and for said County and State, persona-T~appeared known to me to be the person whose name subscribed to the within instrument, and acknowledged that executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the deed or qrant to the This is to certify, that the ir~terest in r~al prooerty conveyed by the foregoing deed or grant to the ~-~.t/~ (~ .~---~1~), ~ , a ~litical c°r~rati°'3~dl°~ g°vernment~l agency' is hereby accepted °n ~hall °l I the Board of Directors of ~id District, pursuant to authority conferred by Resolution of said Board adopted on March 20~ 1979~ and the District consents to recordation thereof by its d~y authorized officer. 9~ JUN 2 5 1 87 WHEN RECORDED, PLEA~mlAIL J' , 143 ~? 35526 J THIS INST~RUMENT TO:~ CITY OF ENCINITAS 535 Encinitas Blvd. ; Suite lO0 Encinitas, CA 92024 ISS) JU?') 25 A~ 8: 2G ~R~D REQUE~ ~ Recorded Request of DE~. GENE~L ~R~) J COUNI'F HECORD[R Dept. General Services NO ~ANSFER T~ DUE SPACE ~OVE FOR ~EC~D~'S DSE ONLY SUBORDINATION ~REEMENT NOTICE: THIS SUBORDINATION ~REEMENT RE~L~ IN SECURITY INTEREST IN THE PROPERTY BEC~I~ SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INS~UMENT Project : TM4579-1 Assessor's Parcel W.O. No. : TE29~l No. 255-040-t3 Parcel No. : 87-0184-A Log No. : 225-07 WHEREAS, that certain Deed of Trust between JAMES R. OWEN and JEAN L. OWEN, husband and wife , collectively called BENEFICI~Y and MARJORY J. BIRCH, an unmarried woman , collectively called ~USTOR and CAL-WEST MORTGAGE COMPANY, a California corporation , called ~USTEE and recorded August 5, 1981 , as File/Page No. 81-247058 in the Office of the Recorder in the County of San Diego, State of California; and WHEREAS, said BENEFICI~Y is the owner and holder of the note and other evidence of indebtedness for which said Deed of Trust was given for security; and WHEREAS, G. ROGER HOYMAN and JOAN K. HOYMAN, husband and wife AND WILLIAM C. HOYMAN, an unmarried man AND MARY H. CARPENTER, a married woman as her sole and separate property Will execute and deliver or has/have executed and delivered to the CITY ~F FNCINITA~ COunty of San Diego, State of Calif6rnia, that certain DDC~ENT(S)for EASEMENT FOR PUBLIC HIGHWAY which DOCUMENT(S) is set forth hereinafter as follows: -1- WHEN RECORDED, PLEASE I J ,, MAIL THIS INSTRUMENT TO: I I · City Clerk I City of Encinitas I 535 Encinitas Blvd., Suite 100 I Enctnitas, CA 92024 I I I NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S USE ONLY ~NT FOR PUBLIC HIGHt~AY Assessor's Parcel Project:Olivenhain Rd./TM4579-1 No. 255-040-13 W.O. No. :TE2941 Parcel No.:87-O184-A Log No.:225-06 G. ROGER HOYMAN and JOAN K. HOYMAN, husband and wife AND WILLIAM C. HOYMAN, an unmarried man AND HARY H. CARPENTER, a marrie~ woman as her sole and separate property hereinafter called GRANTOR{S), do(lz) hereby GRANT, CONVEY and DEDICATE to the City of Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for public highway upon, over and across that certain real property in the City of Encinitas, State of California, described as follows: Parcel No. 87-0184-A (05-12-87) {ENG:DMW:po) The Northerly 61.00 feet of that portion of Lot 12 of RANCHO LAS ENCINITAS in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 848, on file in the County Recorder's Office of said County described as follows: Commencing at the Northeasterly corner of said Lot 12; thence South 87°03'30" West, along the Northerly line thereof, 1213.52 feet to the TRUE POINT OF BEGINNING; thence continuing alonq said Northerly line, South 87'03'30" West, 446.00 feet; thence South 02°56'36" East, 300.00 feet; thence North 87'03'30" East, 446.00 feet; thence North 02°56'30' West, 300.00 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM the Easterly 333.00 feet thereof. TOGETHER WITH that portion of said portion of Lot 12 lying Northwesterly of the arc of a 25.00 foot radius curve, concave Southeasterly, that is tangent to both the southerly line of said Northerly 61.00 feet AND the Westerly line of said portion of Lot 12. The' GRANTOR hereby further grants to the GRANTEE the p and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said 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 District 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 said Engineer(s). 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 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 G. ROGER HOYMAN WILLIAM C. H~¥MAN JOAN K, HOYMAN MARY H. CARPENTER STATE OF )ss. County of ) On , 19 , before me, the undersigned, a Notary Pubi"ic in and for said County and State, persona-TT~-appeared known to me to be the person whose name subscribed to the within instrument, and acknowledged that executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the deed or grant to the City of Encinitas , a political corporation and/or governmental agency is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. adopted on and the grantee consents to recordatio~f by its duly authorized officer. Dated By City Clerk/Treasurer WHEF~EAS, those parties concerned, desire to have said Deed of ?rust subordinated to said DOCUMENT; NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowl- edged, the undersigned BENEFICIARY hereby waives the priority of'said Deed of Trust in favor of said DOC~ENT to the same extent as if smid DOC~NI had been executed prior to said Deed of Trust. Dated this /_-~F' day of ~ , lg ~7 ~//~ L. OWEN STATE OF County of r.~-ygAy ~16~ ~ ss. ~ /~ , 19~, before me, t~ undersigned, a Notary i, and for. On said~C~nty and State, personally appeared ~ ~. ~)~ ~ ~ known to me to be the person~ whose n~es subscribed to the within instrument, and acknowledged that executed the sa~e. / Witness my hand and official seal. L ANDORA WHITE Notar~ Public in and for said County and State This ts to certify that the tJ~erest In re~l.~o~rt~ conve~d by the fore Su~rdtnatton Agre~nt to ~~~a ~ t~ f~e~tng ann ~unse~( I tn P~h~dJ*4~. &k ...... -%-; ---v~u un narCn ~, 197g end t~ 6r .S. ..... ~--~,~, L~r~T O~ 1ts du]~ authorized offtc~. ' efltN(s) Dated JUN 2 5 1987 . WHEN RECORDED, PLEA~m~4AiL j ~ 1 4 ? "THIS INSTRUMENT TO:W ,r, tTY OF ENCIflITAS ,,.: 535 Encinitas Blvd. Suite 1 O0 ' Encinltas, CA 92024 ~RDED REQUE~ ~ J VCF(A L. LYLE R~corded Request of DE~ GENE~L ~W~S COUNI Dept. G~neral Services =~_ Y NO ~ANSFER T~ DUE SPACE ~OVE FOR REC~D~'S USE ONLY SUBORDINATION ~REEMENT NOTICE: THIS SUBORDINATION ~REEMENT RE~LTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMI~ SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT · '~'J=': ' TM457971, _ Assessor's Parcel W.O. No. : TE2g41 No. 255-D40-13 Parcel No. : Lo; No. : ~)EREAS, that certain Deed of Trust between ..... MARJORY,,,J. ,~IRCH, an unmarried w~man ~-, - ~ ~_ , collectively called BENEFtCI~Y and WILLIAM C. HOYMAN, an unmarried man ~~-- __, collectively called ~USTOR UNION LAND TITLE COMPANY, a California corporation , called ~USTEE and recorded August 30, 1986 , as File/Page No. 86-319643 ~h~ce of the RecoFder in'¥he County of San Diego, State 6f California; an~ L WHEREAS, said BENEFICI~Y is the owner and holder of the note and other evidence of indebtedness for which said Deed of Trust was given for security; and WHEREAS, G. ROGER HOYMAN and JOAN K. HOYMAN, husband and wife AND WILLIAM C. HOYMAN, an unmarried man AND MARY H. CARPENTER, a married woman as her sole and separate property Will execute a~d del iv~ ~~~v~e CITY OF ENCINITA~ .. ~~iJ9°, State of Ca)ifornia,~rtain"~C~E~l(~for an EASEMENT FOR PUBLIC HIGHWAY which DOCUMENT(S) is set forth hereinafter as follows: -1- WHEN RECORDED, PLEASE I ~ MA~L THIS INSTRUMENT TO: I I '. City Clerk I City of Encinitas I · 535 Encinitas Blvd., Suite 100 I Encinitas, CA 92024 I I I NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S USE ONLY EASEt~T FOR PUBLIC HIGII~AY Assessor's Parcel Project:Olivenhain Rd./TM4579-1 No. 255-040-13 W.O. No. :TE2941 Parcel No.:87-O184-A Log No.:225-06 G. ROGER HOYMAN and JOAN K. HOYMAN, husband and wife AND WILLIAM C. HOYMAN, an unmarried man AND MARY H. CARPENTER, a marrieo woman as her sole and separate property hereinafter called GRANTOR{S), do(ms) hereby GRANT, CONVEY and DEDICATE to the City of Encinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for public highway upon, over and across that certain real property in the City of Encinitas, State of California, described as follows: Parcel No. 87-0184-A (05-12-87) (ENG:DMW:po) The Northerly 61.00 feet of that portion of Lot 12 of RANCHO LAS ENCINITAS in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 848, on file in the County Recorder's Office of said County described as follows: Commencing at the Northeasterly corner of said Lot 12; thence South 87°03'30" West, along the Northerly line thereof, 1213.52 feet to the TRUE POINT OF BEGINNING; thence continuing _along said Northerly line, South 87'03'30" West, 446.00 Teet; thence South 02'56'30" East, 300.00 feet; thence North 87'03'30" East, 446.00 feet; thence North 02°56'30' West, 300.00 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM the Easterly 333.00 feet thereof. TOGETHER WITH that portion of said portion of Lot 12 lying Northwesterly of the arc of a 25.00 foot radius curve, concave Southeasterly, that is tangent to both the southerly line of said Northerly 61.00 feet AND the Westerly line of said portion of Lot 12. 149 Th~ GRANTOR hereby furtherm~grants to the GRANTEE the I and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described · right-of-way where required for the construction and maintenance of said 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 District 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 said Engineer(s). 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 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 thi~ ~ay of , 19 G. ROGER NOYMAN WILLIAM C. HOYMAN JOAN K. HOYMAN MARY H. CARPENTER STATE OF )ss. County of ) On , 19 , before me, the undersigned, a Notary Public in and for said County and State, persona-~appeared known to me to be the person whose name subscribed to the within instrument, and acknowledged that executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the deed or grant to the City of Encinitas , a political corporation and/or governmental agency is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. adopted on and the grantee consents to recordatio~f by its dul~ authorized officer. Dated By City Clerk/Treasurer · - , .. 150 WHEREAS, those parties concerned, desire to have said Deed of Trust subordinated to said DOCUMENT; NOW, THEREFORE, for val,,able consideration, the receipt of which is hereby acknowl- edged, the undersigned BENEFICIARY hereby waives the priority of'said Deed of Trust in favor of said DOCUMENT to the same extent as if said OOCb~I~NT had been executed prior to said Deed of Trust. Dated this I~ day of STATE OF C. AI.- ttco/t.,,/t4- County of ~-~,,J ])~_.z,o. i ss. On ~-U~J~ J~ , 19 ~, before me, the undersigned, a Notary in and for said County and State, personallyj!ppeared known to me to be the person -- whose name subscribed to the within instrument, and acknowledged that ~h~. executed the same. Witn~y hand and o~ia~;eal~ OFFICIAL SEAL BURTON W COLLINS NOTARY PUBLIC CALIFORNIA Notary Public in and for said County and State ~,,C,P~OmC~N My ~ommis~m~ Exp. Nov 18, 1988 I J This is to certify that the in real property conveyed by the foregoing interest Subordination Agreement to ~z//~ ~z' ~*-,,,y~,/,~;/.~...~ a political corporatt'on, 'a~d/or a pol'l'tical s'~bdivtsion, ts"'her'~by acEepted"on behalf of its Board of Supervisors and/or its Board of Otrectors pursuant to authority conferred by Resolution of said Board(s) adopted on March 20, 1979, and the Grantee(s) consent(s) to recordation thereof by its duly authorized officer. Dated JUN 2 5 1987 RESOLUTION NO. 8~:~8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF PROPERTY FOR STREET PURPOSES AND RELATED PURPOSES, AND AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN FOR THE PURPOSE OF ACQUIRING REAL PROPERTY AND INTEREST IN REAL PROPERTY TO BE USED IN CONNECTION THEREWITH (Assessor's Parcel No. 255-040-13) WHEREAS, Encinitas is a general law city organized and existing under and pursuant to California Statutes; and WHEREAS, it is necessary for the City of Encinitas to acquire property in order to facilitate the construction of a widening of Olivenhain Boulevard and related appurtenances; and WHEREAS, public convenience and necessity require the acquisition for and in connection with the aforesaid public improvement of the real property or interest in real property described in Exhibit A attached hereto; and WHEREAS, said public improvement is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, the real property or interest in real property are located within the boundaries of the City of Encinitas; and WHEREAS, the City of Encinitas is authorized to acquir~aid property by eminent domain pursuant to Government Code sections 37350 and 37350.5 and Code of Civil Procedure sections 1240.110 and 1240.120; and WHEREAS, the City Council of the City of Encinitas has given each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll notice and a reasonable opportunity to appear and be heard on matters referred to in Code of Civil Procedure section 1240.030; NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Encinitas as follows: 1. That the public interest, convenience, and necessity of the City of Encinitas and the inhabitants thereof require the acquisition of the right-of-way and easement for street and related purposes, as described in Exhibit A attached hereto. 2. That the public improvements to be constructed upon, over, under, along, and across the properties described in Exhibit A have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 3. That the offer required by section 7267.2 of the Government Code has been made to the owners of record of the property to be acquired. 4. That all appropriate officers, representatives, and attorneys of the City of Encinitas are authorized and directed to acquire the easement and right-of-way for streets and related purposes, including the right of ingress and egress, in the properties described in Exhibit A in the name of and on behalf of the City of Encinitas, and, to that end, they are authorized and directed to commence and to prosecute an action or actions in eminent domain for the purpose of acquiring said interests. 5. That the City of Encinitas has urgent need for the immediate possession of such properties, and the appropriate officers, representatives, and attorneys of the City of Encinitas are authorized and directed to secure an order of court authorizing the City of Encinitas to take possession of said properties at the earliest possible date. 6. That this resolution is adopted by a vote of two-thirds or more of all members of the City Council of the City of Encinitas. PASSED AND ADOPTED at a meeting of the City Council of the City of Encinitas held on the 11th day of May 1987, by the following vote, to wit: AYES: Council Members Gaines, 0msted, Shea, Steel NOES: None ATTEST: r~-~-z-~- City Clerk , :,~ £MCCOEN. R2} 7 LEGAL DESCRIPTION Assessor's Parcel 1225-040-13 That portion of Lot 12, RANCHO LAS ENCINITAS, in the County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898, described as follows: Beginnin~ at the Northeast Corner of said Lot 12; then South 87u03'30" West, 1213.52 feet, along the Northerly line of said Lot to the True Point of Beginning; thence .) continuing along said Northerly line, South ~) 87003'30" West, 446.00 feet; thence South 02056'30" · West, 300.00 feet to the True Point of Beginning. EXCEPTING therefrom the Easterly 333.00 feet thereof. Book ge 0.67 17.9 7 AC 76.90 AC. 23 Book