1992-565639'Recording Requested~:
City of Encinitas OOC ~ 1992--0565639
04-SEP-1992 08:15
When Recorded Mail to:
city Engineer OFFICIAL RECORDS
City of Encinitas SAN DIEGO COUNTY RECORDER'$ OFFICE
527 Encinitas Boulevard ANNETTE EUANS, COUNTY RECORDER
Enclnitas, CA 92024 FEES: 0.00
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel Project No.: EN 92-111
No. 256-411-33 W.O. No.: N/A
Robert and Gaye Nicholson, husband and wife
hereinafter called GRANTOR(S), do(e~) 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 AND
MADE A PART HEREOF BY THIS REFERENCE
TF/03/COV1-256WP5 (3-18-91) 1
The Grantor h r b rther grants to the CI~ ENCINITAS the
privilege and right to extend drainage struct and excavation
and embankment slopes beyond the ~imits 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 wlives
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 ~~ , 19~~
~ ~cholson
Signature of Owner's 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 July 27, 1987 that the City of Encinitas consents to the
making of the foregoing Right-of-Way Dedication and consents to
recordation thereof by its duly authorized officer.
Date: q~'~-~'~ By: ~-~-- ~ ~ ·
WARREN H. SHAFER, ~ity Manager
City of Encinitas
TF/03/COVl-256WP5 (3-18-91) 2
656
,, ACKNOWLEDGEMENT
State of California .~ On August 31, 1992, before me, Georgie L. Salvo, a Notary Public in and for
~. ss. the State of California, personally appeared ROBERT NICHOLSON and GAYE
County
San
Diego
NICHOLSON, personally known to me (or proved on the basis of satisfactory
('rhis area for official seal) evidence) 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
o
~N~A Il WITNESS my hand and official seal.
THIS CERTIFICATE MUST BE TrtmorType~J~ocul~a~nt-EasementforC~Highway,,
A'I-rACHED TO THE DOCUMENT Number of Pa~es 4 Date of Document - August 31, 1992
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above - None
'
EXHIBIT
The Southeasterly 7.00 feet of that portion of the North 1.50 acres
of Lot 7 in Block "W" of 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, described as follows:
BEGINNING at the Northeasterly corner of said Lot 7; thence along
the Northerly line of said Lot 7, North 89°30'34I' West, 145.23
feet; thence South 00°29'26'' West, 18.80 feet; thence North
89°30'34" West, 10.12 feet; thence South 00°29'26"West, 124.00 feet
to a point on the Southerly line of said North 1.50 acres of Lot 7;
thence along said Southerly line of said North 1.50 acres of Lot 7,
South 89°30'34'' East, 96.51 feet to a point on the Easterly line of
said Lot 7; thence along said Easterly line of Lot 7, North
29°05'00'' East, 20.40 feet to a point on the arc of a 540.00 foot
radius curve, concave Northwesterly, to which a radial line bears
South 60°55'00'' East; thence Northeasterly along said Easterly line
of said Lot 7 and along the arc of said curve through a central
angle of 14°16'28", 134.53 feet to a point on the arc of said curve
to which a radial line bears South 75°11'28'' East, said point being
also the Northeasterly corner of said Lot 7 and the POINT OF
BEGINNING.
~UBORDINATION
AGREEF~ENT
WHEREAS, those parties concerned, desire to have the Deed of Trust
'recorded 04-03-91 as File/Page No. 91-0148118 subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter)
required as condition of approval of EN 92-111
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.
DATED BENEFIg~IARY OR TRUSTF~E
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 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.
Date ~9-~ By ~ ~-- --~ ~
WARREN H. SHAFER, Cit~Manager
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 3