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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 cov4054 2 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 cov4054 3 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