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