1991-511608 · Recording Request By:
city of Encinitas 1390 i? l--u,Jl
When Recorded Mail to:
City Engineer ~IC~[
City of Encinitas ~ O!E~3O COt'!? ~EC?D£?'5 OF?iF
527 Encinitas Boulevard RN-}ETTE ?~!6~ C0[!NTv ~iECORDE
Encinitas, CA 92024 F~_~q:
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY //~
EASEMEI~T FOR CITY IIIG~WAY /<
Assessor's Parcel Project No. :EN 243-91
No. 254-172-05 W.O. No.: N/A
TERRENCE PATRICK MALONE AND SANDRA ROYCE MALONE
hereinafter called GRANTOR(S), do(~) hereby grant, convey and
dedicate to the CITY OF ENCINtTAS, State of California, hereinafter
called G~NTEE, 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:
THAT PORTION OF LOT 5 IN CREST ACRES, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, MAY 3, 1927, LYING WESTERLY OF A LINE THAT
IS 30.00 FEET EASTERLY OF AND PARALLEL WITH THE CENTERLINE OF
GASCONY ROAD AS SHOWN ON SAID MAP NO. 2019, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID LOT 5, DISTANT
THEREON NORTH 18027'40'' WEST, 70.00 FEET FROM THE SOUTHWESTERLY
CORNER OF SAID LOT 5; THENCE ALONG THE SAID WESTERLY LOT LINE,
NORTH 18027'40'' WEST, 75.00 FEET; THENCE NORTH 83028'40'' EAST,
373.88 FEET TO THE EASTERLY LINE OF SAID LOT 5; THENCE ALONG
SAID EASTERLY LOT LINE, SOUTH 06031'20'' EAST, 73,38 FEET TO A
LINE WHICH BEARS NORTH 83028'40'' EAST FROM THE POINT OF
BEGINNING; THENCE SOUTH 83028'40'' WEST, 3~8.36 FEET TO THE
POINT OF BEGINNING.
TF/O3/COVl-256WP5 (3-18-91)
1.391
The Grantor here~, further grants to the C ~ OF ENCINITAS the
privilege and right to extend drainage struc~nres 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
/
O~ER:
· o ,,. TICOR TITLE INSURANCE
(Individual) 1 3 9 2 --
STATE OF CALIFO~IA ~. ~
COUN~ OF ~ ~~ f ~' '.
-
, person~ly known to me or
proved to me on the basis of satisfactory evidence to be
the perso~hose nam~ ~ ~ subscribed to the
within instrument and acknowledged that ~ exe ....
cured the s~e.
WITNESS my hand!//and official se~.~ ~
Signature ~ the
'' ~ to
Date: ~-~ff( By: W~EN H. S~FE , i y Manager
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 2
1393
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded 05-09-79 as File/Page No. 79-190343 subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter)
required as condition of approval of EN 243-91 ;
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.
PACIFIC FIRST BANK, a Federal Savings Bank, formerly known
as Santa Fe Federal Savings an(} Loan Association
8-21-91
Title: AssiSt an t Secretary
~ta~- of Washington
County of PTI?RCE
I certify that I know or have satisfactory evidence that SHBRR¥ L CRESON signed this instrument, on oath stated
)NAME OF PERSON)
ASSISTANT
SECRETARY
that ~he) was authorized to execute the instrument and acknowledged it as the
ITYPE OF AUTHORITY. E.G.. OFFICER, TRUSTEE, ETC)
of PACIFIC FIRST BANK, a Federal Savings Bank, formerly known as Santa Fed Federal S & L AssoCtobe
~¢~ INAME OF PA.TY ON BEHALF OF WHOM NSTRUMENT WAS EXECUTEO
bt~f ~for the uses and purposes mentmned Jn the instrument
,~];[ ~L' Dated Augus~ 21, 1
~f.~;:(.'~', ~': ~:~ Signature of . ~ t .,
k"-'}'-"~ ,~/;,~ Tte Special Loans u~rzcer
'"' ~, ;~:~,,r'',x' My appointment exp res 12-15-91
I certify on behalf of the City Council of the city ef 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 Subordination Agreement, and consents to
recordation thereof by its duly authorized officer.
WARREN H. SHAFER, C~y Manager
city of Encinitas
TF/03/COV1-256WP5 (3-18-91) 3