1995-462354 City of Encinita,
~en Recorded Mail to: )
City of Encinitas
505 South Vulcan Avenue
Encinitas, ~ 92024 )
FOR T~ BENEFIT OF ~ CITY )
)SPACE A~0~ FOR RECORD~'S USE ONLY
~E~ FOR CITY HIGawAY
Assessor's Parcel Project No.:EN 95-987
No. 256-300-11 W.O. No.:None
James Walter Nelson and Trine Jane Dixon,
hereinafter called GRANTOR(S), de(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 EXHIBIT "A" ATTACHED HERETO ANDMADE A PART HEREOF BY
THIS REFERENCE,
cov4054 i
The Grantor hereby further grants to the CITY OF ENCINITAS 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 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
loc~tions 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.
Signature of Owners to be notarized. I
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
Alan D. Archibald
Director of Engineering Services
City of Encinitas
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF San Diego
On September 9, 1995 before me, Linda Leu Yap
-~ - , Notary Publ~,
personally appeared James Walter Nelson And Trine Dixon
personally known to me (or proved to me on the basis of satisfactory evidem~e) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged 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
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature ~ ~'J'[/~ ...... 8.. m.............
COMM. #1032730
(Seal)
1790
· ~UBORDZN~TZON AGREF.,I~NT
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorde~ep 30 1994as File/Page No1994-0579318 subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT,' hereinafter)
required as condition of approval of Buildinq Permit EN 95-987 ;
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:
DATED BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
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.
Alan D. Archibald
Director of Engineering Services
City of Encinitas
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
t791
STATE OF CALIFORNIA
COUNTY OF San Diego
On September 9, 1995 beforeme, Linda Lou Yap
, Notary Publ~,
pemonally appeared Donna L. Brooks
personally known to me (or 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 acknowledged to me that he/she,,lhey
executed the same in his/her/their authorized capacity(les), and that by his/her/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.
!LINDA LOU YAP ·
COMM. ~1032730 '
(Seal)
The easterly 7.00 feet of that portion of Lot 9, Block "U", Seaside
Gardens Annex, in the City of Encinitas, County of San Diego, State
of California, according to Map thereof No. 1801, filed in the
Office of the County Recorder of San Diego County, August 6, 1924,
lying Southerly of a line that is parallel with and 115.51 feet
Northerly at right angles to the Southerly line of said lot and
from the Westerly extension of said Southerly line.
JSG/EN95-987/ECH#4.DOC