1992-176932 Requested By: ) ~
Recording
City of ) /~ ~ ' ·
, , 328
When Recorded Mail to: .
city Engineer )
city of' Encinitas )
527 Encinitas Boulevard )
Encinitas, CA 92024 )
)
FOR THE BENEFIT OF THE CITY )
}SPACE ABOVE FOR RECO~DER'S USE ONLY
F2%SE~ENT FOR CITY aIGHWAY
Assessor's Parcel Project No.: EN 387-91
No. ~ W.O. No.: N/A
Monica Ann Laflin
hereinafter called GRANTOR~, 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 fol!~ws:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE
A PART HEREOF BY THIS REFERENCE
DOC I( 1 2-0176 )2
30-ILAR- 1992 OB-'IB All
OFFICIAL RECORDS
SAH DIEGO ~)UHTY RECORI)ER'S OFFICE
AHHETlE EUAHS, COUHTY RECORDER
FEES: O. O0
OC
The Grantor here~ further grants to the C/.T~Y OF ENCINITAS the
privilege and rit to extend drainage strutres and excavation
· and embankment sl~pes beyond the limits of ~Se herein described
r~ght-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 w~iting 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_~~
OWNER:
' Monica Ann Lafl~n ~
~ I I I ~ I I I I r~
Countyof ~ /:)/EGO r~~ . ~- _
the un~ersign~ Nota~ Public, personally
SHAROn?CD personally known to me
~OV~ tO me on the basis of satisfactou evidence
,~~ WIT hand a
TF/03/COV[-25~5 [3-1s-~)
1331
EXHIBIT IIhII
That portion of Lot 1 in Block 62 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, lying
Southeasterly of the Northwesterly line of said Lot 1 AND lying
Northeasterly of the Southwesterly line of said Lot 1 AND lying
Westerly of a 15.00 foot radius curve, concave Easterly, said curve
being tangent to the Northwesterly and Southwesterly lines of said
Lot 1.
!332
SUBOP~DINATION AGREEM~3 3
W~EREAS, those parties concerned, desire to have the Deed of Trust
' recorded ~ as File/Page No. 78-39~0R] subordinated to
.Easement for City Highway for_P_~_L~_~/_~_ ("DOCUMENT" hereinafter)
re~ired as condition of approval of ~ ~R7-91 ;
Now, therefore, for valuable consideration, the'receipt of which
is hereby acknowledged, the undersigned BENEFICI~Y or 'TRUSTEE
hereby waives the priority of said Deed of Trust in favor, of said
DOC~E~ to the same extent as if said DOC~ENT had been executed
prior to said Deed of Trust. - :
DATED " ~E~CI~Y OR TRUSTEE
By:
Title:
Signature of BENEFICI~Y or TRUSTEE must be notarized.
A:~h ~ appropriate ac~owled~emen=.
ALL-PURPOSE ACKNOWLEDGMENT NO 2°9
State of _~-~_o_~_ ,,~A~'~C) /I._./V[ 2-.'~' ~. 3 3 4 CAPACITY CLAIMED BY SIGNER
~ CORPOSAq5
On ~ -- [ before me, % %%*%L ~ ~ k ~( % . OFF,CER(S)
DATE ; TITLE(S)
personalryappearedgC~CF L. ~:~k3m,~,' - ~,~ ~' UD ATTORNEY-IN-FAcTPARTNER(S)
~ NAME(S) OF S~aNER(S) ~ TRUSTEE(S)
D personally known to me - OR - roved to me on the basis of satisfacto~ evidence
[ to be the person(s) whose name(s)~/are D SUBSCRIBING WITNESS
~ GUARDIAN/CONSERVATOR
subscribed to the within instrument and ac-
knowledged to me tha~/they executed D OTHER:
the same in ~/their authorized
capacity(ies), and that by ~r/their
signature(s) on the instrument the person(s),
ortheentityuponbehalfofwhichtheperson(s) SIGNER IS REPRESENTING:
acted, executed the instrument. NAME OF PERSON(S) OR ENTI~(IES)
Witnes~y hand,and official seal.
/" SIGNATURE OF NOTARY f
MUST BE A~ACHED
TO THE DOCUMENT Number of Pages~ Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
~ 1991 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave · P.O Box 7184 · Canna Pa~, CA 91304 71~
WHEREAS, those parties concerned, desire to n-ave the Deed of Trust
'' ~ecorded 03-02-89 as File/Page No. 89-109892 subordinated to
· E~sement for City Highway for ~ (,,DOCUMENT" hereinafter)
required as condition of approval of 'EN 387-91 ;
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.
By:
signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the approprzate acknowledgement,
STATE OF N~ MEXICO
)SS.
COUNTY OF BERNALILLO )
On this 2nd day of March, 1992, before me
personally appeared John D. Lafl~D, Trustee,
to be known to be the person described in and
who executed the foregoin~ ~nstrument and
acknowledged that he axecuted the same as his
free act and deed. /.? ,
?oL d u c
My Co~ission Expires: 6-8-9=
I certify on behalf of the City Council of the city of Encinitas,
pursuant to authority conferred by Resolution of maid Counoil
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 ~'c~'~---~ <~'~-~'7~
WARREN H. SHAFER,~City Manager
City of Encinitas
TF/03/COVl-256WP5 (3-18-91) 3
WHEREAS, those p es concerned, desire to e the Deed of Trust
recorded 03-02-89 as File/Page No. ~ subordinated to
Easement for City Highway for P I__~ (,'DOCUMENT" hereinafter)
required as condition of approval of 'EN 387-91 ;
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.
Title: /
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
~ ~ Individual Ackno~,~
~ ~ ~ STATE ~ ~ -'edgeme~t
~ ~ P S°nallyappeare ~, before me
/ -- / d , the Unders~gned
~ ~ ,a NOtarypubhc
for said
~~ ersonally know- ,~
R I na~e ', ,~ me (or proved to me
~ J ~ SUbScribed to this * ~. me basis of satisf
~ ~ I I~Strument aod a~,- actory evidencel t
~ ~ ~nOWledged that .... me person~ wh
~ ~ ~ W;TNESs m ~ executed it. ese
-- ' Notary Public in and for sa d County and State
Rev. 2-89