1993-185750 Recording Reque By: ~ ~ ' '~ ~ ~ = ? ~"
'' City of Encinitas .~27Z _~ ~ .r- ~
When Recorded Mail to:
City Engineer -' - ~J ' /_~ ~
city of Encinitas
527 Encinitas Boulevard
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
)SPACE ABOVE FOR RECORDER'S USE ONLY-
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel Project
No. 256-412-22 W.O. No.: N/A
Debbie O'Neill, an unmarried woman
hereinafter called GRANTOR(~), 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 EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF BY THIS REFERENCE
TF/03/COVl-256WP5 (3-18-91) t
J274
State of California )
County of Sau Diego )
personally appeared
personally known to me (or proved o me on the basis of satisfactory evidence)
to be the person~ whos~ nameO0 is/.a~e subscribed to the within irtstmm~t and°
acknowledged to me that he/she/th~ executed the same in l:~/herZi, h~ir
!~"~'~'~o~-.~va~- i authorized capacity{i~) and that by bi~/her/t, la~r signature6~ on the instrument
~]~ Ra} P. Kheta~'!~a! ~ the person(~, or the entity upon behalf of which the person(,~ acted, execute[
............ WITNESS my hand and official seal.
Signature
..1273
The Grantor further grants to the OF ENCINITAS the
~ri~ilege 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
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 fo ~ day of ~.~ , 19 ~__~
OWNER: r ~~
Debbie O'Neill
~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.
WARREN H. SHAFER, ~L~ty Manager
City of Encinitas
TF/03/COVl-256WP5 (3-18-91) 2
EXH~'B~'T
The Westerly 7.00 feet of that portion of Lot 5 in Block "X" 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:
Commencing at a one-half inch iron pin on the centerline of Ocean
View Avenue as shown on said Map No. 1801, at the North end of a
curve described as having a central angle of 33°33'40'' and a
centerline radius of 560.00 feet; thence North 85°31'20'' East,
20.00 feet to a 4 inch by 4 inch monument on the East boundary of
said Ocean View Avenue, being the TRUE POINT OF BEGINNING, North
04°28'40'' West, 94.88 feet along the Easterly boundary of the road
Ocean View Avenue; thence South 89°30'30'' East 126.00 feet; thence
Southerly in a straight line of a point on the Southerly Lot line
which is 119.54 feet Easterly from the Southwesterly corner of said
Lot; thence along said Southerly line North 89°30'30'' West, 119.54
feet to said Southwesterly corner being a point on a curve; thence
Northerly along the curve concave to the West and having a central
angle of 33°33'40'' and a radius of 580.00 feet a distance of 10.12
feet to the TRUE POINT OF BEGINNING.
.1277
State of California )
County of San Diego )
personally appeared ,/-~*'$/ (2. e~ ~t~/l ~ ~'[~'x.~, ", t
~/ ~0 ~ ~ au~oh~ ~p~i~ ~d ~t by ~si~s) on ~e ~t~ment
............ ~ ~e ~n(s), or ~e entity u~n ~lf of whch ~e ~n(s) ~t~, ex~ut~
· e ~t~ment.
1276
'~HEREAS, those parties concerned, desire to have the Deed of Trust
recorded 04-16-90 as File/Page No. 90-202787 subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter)
required as condition of approval of EN 93-225 ;
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,favo~,~f said DOCUMENT
to the same extent as if smd ~EN~~c~ p~o
said Deed of Trust.
DATED BENEFICI~Y OR TRUSTEE /
By:
Signatur~ 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.
WARREN H. SHAFER, Ci%~ Manager
City of Encinitas
TF/03/COVl-256WP5 (3-18-91) 3
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~ OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
State o! ' . v~.~. fill in the data be&ow, doing so may prove
. &nva~uable to persons relying on the document.
Of ) iNDiViDUAL
On ~ before ~--~J~ ~ ~ ~ ~ coRPORATE OFFiCER(S)
~ TiTLE(S)
personally appeared on the basis of satisfactOW evidence ~ pARTNER(S) ~ LIMITED
~ GENERAL
~ OR' ~roved to me -~ ,,,hose name~¢ ~ A~ORNEY4N-FACT
~ to be the persOn~ - ~RuSTEE(S)
subscribed to the within instrument and ac-
knowledged to me that he/~ executed
the same in his/¢ authorized ~GUARDiAN/CONSERVATOR
't ~, and that by his/¢ ~OTHER:
capaC~ Y(~ - .~- =--trument the person~,
signature~ on [n~ ,-~-
or the entity upon behalf of which the
SIGHER IS REPRESE~TI~G:
~ ~~ person~ acted, executed the instrument.
~ ~~ ~ seal.
OPTIONAL SECTiO -
~ed here ks not required by Isw, siGNER(S) oTHER THAN NAMED ABOVE - · 82~ Remmet Ave., p.O. Box 7184
ThouGh the data reques ~ ,..~chment of this form.
it could prevent ~raud~lem ,~