1993-92646,"Recording RequeS By:
City of 'Encinitas
When Recorded Mail to:
City Engineer
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.:EN 92-1651
No. 258-341-43 W.O. No.: N/A
Thomas S. Rice and Jo¥ce E. Rice
hereinafter called GRANTOR(S), do(~) 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/O3/COV1-256WP5 (3-18-91) 1
.'/The Grantor her, further grants to the OF ENCINITAS the
· ' privilege and 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.
/~-- day of ~~y ,
Dated
this
19~
OWNE .
~homas S. Rice
/JBy~d E. Rice'
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. SHAFE~, City Manager
City of Encinitas
TF/O3/COVl-256WP5 (3-18-91) 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ! .,, _~o. ~9~
State of
CAPACI~ C~IMED BY SIGNER
' Coun~of ~'~ ~I~O ~ ~ough s~te ~s not require the No~ to
fill in the data below, doing so may prove
I DA~E NAME, TITLE OF OFFICER- E.G., '~NE DOE, NOTARY PU~IC" ORPORATE OFFICER(S)
pemonall g ~ ~
personally known to me - OR -~ proved to me on the basis of satisfacto~ evidence
PARTNER(S)
LIMITED
[ to be the person(s) whose name(s)~/are ~ GENERAL
subscribed to the within instrument and ac-
knowledged to me that ~they executed
~ ~.?:-?~'; the same in ~/their authorized
~ .... ~ [~. MATHAAS ~ capacity(ies), and that by ~/their
,.~.~.,.. :. ,';~ ..omm. ~960828 ~ signature(s) on the instrument the person(s),
~-~:~Y S~,N~OCOUNTY 0 or the entity upon behalf of which the
ff ~ ~ly Corem Expires Mar 22, 1996~ person(s) acted, executed the instrument.
SIGNER {EPRES~TING:
WITNE~ my~han~ N~E OF PERmN(S)OR ENTIT~
1405
· he ~esterly 8.00 feet of the Northerly One-Half of ~ot 13 in
Block "~" of ~NO~N~T~S H~GH~NDS, in the City of ~ncinit~$,
County of San Diego, State of California, according to Map
thereof No. 2141, filed in the Office of the County Recorder
of San Diego County, December 4, 1928.
SUBORDiNaTiON A~REF~EI~
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded 08-05-92 as File/Page No.. 92-0491186 subordinated to
Easement for City Highway for~ ("DOCUMENT,, hereinafter)
required as condition of approval of EN 92-1651 ;
Now, therefore, for valuable consideration, the receipt of which is
hereby acknowledged, the undersigned BENEFICIA~Ry 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. COUNTRYWIDE FUNDING CORPORATION AS SERVICING AGENT FOR
\ C~TI~AE. ~
DATED BENEFICIARy OR TRUSTEE /
~le~~ ~ ~s ~an~ ~r es iden~
Signature of BENEFICIARY or TRUSTEE must be notarized, l
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.
WAi~REN H. SHAFER, d~ity Manager
City of Encinitas
TF/03/COVl-256WP5 (3-18-91) 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~[ Z~ 0 ~' No. 5~93
State of_ CALIFORNIA ~ OPTIONAL SECTION ~
CAPACITY CLAIMED BY SIGNER
County of Los AT~ge~Les Though statute does not require the Notary to
fill in the data below, doing so may prove
On FebruarM 2, :~l~e~re me, Carol Geissinger inva~uabletopersonsrelyingonthedocumenh
DATE NAME, TITLEOFOFFICER E.G,"JANEDOE, NOTARY PUBLIC" [] INDIVIDUAL
~ CORPORATE OFFICER(S)
personally appeared Mi r,~l D. Keneal¥ k~st. Vice President
NAME(Si OF SIGNER(S) TITLE(Si
~ersonally known to me - OR - [] proved to me on the basis of satisfactory evidence [] PARTNER(S) [] LIMITED
to be the person(s) whose name(s) is/are [] GENERAL
subscribed to the within instrument and ac- [] ATTORNEY-IN-FACT
· knowledged to me that he/she/they executed [] TRUSTEE(S)
the same in his/her/their authorized []GUARDIAN/CONSERVATOR
................... capacity(ies), and that by his/her/their
i signature(s) on the instrument the person(s), [] OTHER:
~ OFFICIALNOTARYSEAL or the entity upon behalf of which the
[;~--'~'~ CAROL GE~SSINGER
~,~:a~¢~ ~o-.3,~ic--C~,=~a person(s) acted, executed the instrument.
~ LOS ANGELES COUNTY SIGNER IS REPRESENTING:
'"~-..~Je~' My Cofilm. Expires AUGO4,f~$ NAME OF PERSON(S) OR ENTITY(lES)
OPTIONAL SECTION ~1/
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE