1998-643672Reoor, ing ~e, '~~ ~ 1998
l~ O0~ --06~3672
City of Encinitas
~ .~ P~
When Recorded Mail to: ~FICI~
City of Encinitas
505 South Vulcan Avenue ~:
Encinitas, CA 92024
) SPACE ~O~
~o. 2~-~-1~ ~.0. ~o.=
Rob~rt L. Never and Gillian Meyer, Husband ~nd Wife
as joint tenants
hereinafter called GRANTOR(S), 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 follows:
SEE EXHIBITS "A and B" ATTACHED HERETO AND MADE A PART
HEREOF BY THIS REFERENCE,
~054 1
1445
The Grantor further grants to the OF ENCINITAS the
privilege and right to extend draina~ structures and excavation
agd embankment slopes ~eyond the limits of .the here~n 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 ri-~ ~- --~-~- ~
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 '9 day of _~_~, 19~
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution of said Council
adopted on November 9, 1994 that the City of Encinitas consents to
the making of the foregoing Right-of-Way Dedication and consents to
recordation thereof by its dul~ ~uthor,%ze~ of[~erf ~
~'1~' b. A-rch~bAld '
Director of Engineering Services
City of Encinitas
cov4054 2
California All-purpose Acknowledgment
State of California
County of San Diego
On ~ ~'ar&-'ag~g 1998 before me, Roger DePuy, Notary Public,
personally appeared ~-~.,,.,v /v/ev~~ ~t ;Gs~*r ~m~s) of Si~s)]
[Name(s) of Signer(s)]
FI personally known to me
~ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledge to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the insmmaent the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. NOTARY SEAL
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded March 20,
1998 as File/Page No. 1998-0'151051 subordinated to Easement for City Highway
for PUBLIC R/W ("DOCUMENT" hereinafter) required as condition of
approval of
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.
WASHINGTON MUTUAL BANK, FA
DATED BENEFICIARY OR TRUSTEE
Name: Patricia Beardsley
Title: Vice President
WASHINGTON MUTUAL BANK, FA
DATED BENEFICIARY OR TRUSTEE
Name: Karen Wise
Title: Assistant Secretary
Loan No. 9159989194
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgment.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Resolution of said Council adopted on November 9, 1994 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 I~ -. "~,"~.- ~ ~ By ,
Alan D. Archibald
Director of Engineering Services
City of Encinitas
Loan No. 9159989194
File No.
STATE OF CALIFORNIA §
COUNTY OF SAN JOAQUIN §
On ~-//~ ~/ , before me, Alicia Oliveira , the
undersigned Notary Public, in and for said County and State, personally appeared
Patricia Beardsley, Vice President and Karen Wise, Assistant Secretary
personally known to me (or proved to me on the basis of satisfactoryevidence) to be the person(s) whose
name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. ~T~...~-~ "A~i~i~,-~V~i~.AA ~
0~ COMM. #.~3~ ~
~/~ 0~ ~"O TAR' PUBLIC-C AL IFOR"~ bJ
3~ SAN JOAQ~N COUNW 0
Nota~ Public ~ ........ ~
(This area for official notarial seal)
EASEMENT TO THE CITY OF ENCINITAS FOR STREET PURPOSES
LEGAL DESCRIPTION
THE WESTERLY 7.00 FEET, MEASURED AT RIGHT ANGLES, OF LOT 18 IN BLOCK
2 OF AVACADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALI]~ORNIA , ACCORDING TO MAP NO. 1791, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
TO BE KNOW AS ORPHEUS AVENUE
AREA BASED ON RECORD DATA: 841.96 SQFT.
SEE EXHIBIT B FOR PLAT MAP
IEXHIBIT A I
I'EXHIBIT BI