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1992-36492., . eco di:g Re ested : 1 2-00364 2 ' 2 ~N-1992 08:1~ A~ City of Encinitas 833 · OFFICIAL RECORDS When Recorded Mail to: SAN DIEGO COUNTY RECORDER'S OFFICE city Engineer ANNETTE EVANS, COUNTY RECORDER city of ~ncinitas FEES:' 0.00 527 Encinitas Boulevard OC Encinitas, CA 92024 FOR THE B~EFIT OF THE CITY ~t) . SPACE ABOVE FOR RECORDER' S USE ONLY // D~UMENTARY T~N~ER T~ ~----~ Assessor's Parcel Project No.: O~'~ ~, E.H. Sappert an unmarried man 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 EXHIBITS "A", "B", AND "C" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE TF/03/COV1-256WP5 (3-18-91) 1 834 rther grants to the CZ ENCINITAS the privilege and right to extend drainage struct~e 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 ~/~/ day of ~/~,~ , 19~/ ISignature 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:' .~-?~7__ By: ~'~~~ WARREN H. SHAFER, ~-fty M g aRa er City of Encinitas TF/03/COVl-256WP5 (3-18-91) 2 836 PROPERTY LEGAL~ESCRIPTION That portion of Lot 18 of the subdivision of Rancho Las Enclnitas. in the County of San Diego, State of California, according to Map thereof No. 848, filed itl the Office of the County Recorder of San Diego County, June 27, 1898, and of a portion of vacated 'J' Street adjacent to said Lot 18, doeoribed as follows: Commencing at the intersection of the Easterly prolongation of the centerline of 12th Street with the centerline of 'J' Street as shown on Colony of Olivenhain, a~,ordlng to Map thereof No. 326, filed in the Office of the County Recorder of San Diego County, July 8, 1885; thence along the centerline of said 'J' Street North 14' 18'00' East, 990.00 feet to a point herein designated as point '^"; thenc~ continuing along said centerline of 'J" Street, North 14 ' 18'OO' East, 591.70 feet to the centerline of 14th Street as shown on said Map NO. 326; thence along the Westerly prolongation of the centerllne of said 14th Street North 74 '38'00" West to a line which Is parallel with and 60.00 feet W.este. r!y .of and measured at r~ght ang es to the centerhne of sa~d J Street, thence ~ontlnu~ng NO 74'38'00' West, 527.30 feet to the most Westerly line of 'land described in Deed to Horace G. Phillips, et ux, recorded January 16, 1958 in Book 6910, Page 17 of Official Records; thence along said Westerly line South 14' 18'00' West, 455.00 feet; thence North 83°31'50" East, 225.00 to the TRUE POINT OF BEGINNING; thence continuing North 83'31'50" East, 403.11 feet to the centerline of said 'J' Street; thence along said centerline, South 14' 18'00' west, 360.23 feet to said point 'A'; thence North 74°52'00. West, 295.91 feet to a line which bears South 06'28'10" East from the TRUE POINT OF BEGINNING; thence North 06'28'10' West, 228.53 feet to the TRUE POINT OF BEGINNING. R/W #10t6023 837 LEGAL DESCRIPTION FOR PUBLIC ROAD DEDICATION EXHIBIT B All that portion of said portion of Lot 18 lying within a strip of land 60.00 feet in width, lying 30.00 feet on each side of the following described centerline: Commencing at said point "A"; thence North 73033'58'' West, 95.73 feet to the TRUE POINT OF BEGINNING, said point lying on the arc of a 500.00 feet radius curve concave Southeasterly, a radial line to said point bears North 57°03'46"West; thence North~-/,¥{~j along the arc of said curve thru a central angle of 22°22'14'' a distance of 195.22 feet to a point on tl~e centerline of said "J" street, said point bears North 14°34'11" East, 172.26 feet from the Point of Commencement. The sidelines of said strip of land shall be extended or shortened so as to terminate in the centerline of said "J" Street at the East and in said line bearing North 73033'58'' West at the South. · · 838 EXHIBIT "C" N 75'32'15"W [I ) 586.99' 11) ST. VACA~D N 74~58'W(~ 527.30'(2) LEOEND (I) PER PARCEL MAP 9149 USED AS A .BA~S OF BEARINGS  (2) ~R VESTING DEED 89-~ RECEDED OCT. 26, 19~ Z L = Iq6.2[' Z (2) PARCEL J PARCEL 3 PARCEL ~ " J . 840 STATE OF CALIFORNIA ) (Corporation Acknowledgement) )ss. County of San Diego ) On this 20th day of December, in the year 1991, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Tim McDougal and Kathleen G. Phillips, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Asst. Vice President and Vice President or on behalf of the corporation therein named, and acknowledged to me that such corporation executed it. WITNESS my hand and official seal. ~A~E~L'--i ] ~' ~,,,,~.~ . TERI t. raNG · I t'~ ~-~ SAN DIEGO ~U~Y Notary Public in and Ifor~County and Stat~ (notary seal) 839 · AGREEMEi~TO · ' SUBORDINATION WHEREAS, those parties concerned, desire to have the Deed of Trust recorded 10-26-89 as File/Page No. 89-580569 subordinated to Easement for City Highway for ~ ("DOCUMENT" hereinafter) required as condition of approval of O~S~-~ ; 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 BENEFICIARY~ TRUSTE~ 4 /~ By: ~"/' ~ 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. WARREN H. SHAFER, C~i~dy Manager city of Encinitas TF/03/COV!-256WP5 (3-18-91) 3 WHEREA~,, those parties concerned, desire to have the Deed of Trust reco'rded 10-26-89 as File/Page No. 89-580570 subordinated to Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter) required as condition of approval of O?.~-~ ; 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 BENEFICIARY OR TRUSTEE Title: t~ Y~Q~7~~ 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. WARREN H. SHAFER, Cindy Manager city of Encinitas TF/O3/COV1-256WP5 (3-18-91) 3