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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