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