Loading...
1992-288951Recording Rec/ue s y: 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 F~SF.~EI','T FOR CITY HI~H~AY Assessor's Parcel Project No.: EN 92-535 No. 216-063-48 W.O. No.: N/A Gary C. Stein 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/COV1-256WP5 (3-18-91) 1 ........... ......... NO 209 ~_ ~ CAPACITY CLAIMED BY SIGNER L;ounty, of k.~, l, - ~ ~('J J ]. ~ 6 0 [] CORPORATE On -- ~-'~/~ ~o) ~ before me, TITLE(S) DATE NAME, TITLE OF OFFICER- E G 'JANE DOB NOTARY PUBLIC* [] PARTNER(S) personally appeared ~ ~O~L'/ C ~"'/~'i'~' [] ATTORNEY-IN-FACT ~ NAME(S) OP S~GNER(S) [] TRUSTEE(S) [] personally known to me - OR - ~,proved to me on the basis of satisfactory evidence [] SUBSCRIBING WITNESS to be the person(s) whose name(s) is/are [] GUARDIAN/CONSERVATOR subscribed to the within instrument and ac- knowledged to me that he/she/they executed [] OTHER: the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), orthe entityuponbehalfofwhichtheperson(s) SIGNER IS REPRESENTING: NAME OF PERSON{SI OR ENTITY(lES) ~ acted, executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY ATrFNTION NOTARY: Although the information requested below is OPTIONAL it could prevent fraudulent attachment of !his cediEcate to unauthorized document. THISCERTIFIOATE Title or Type of Document ,~Z~fvt./~.v~" ~ CL-~L~./ MUST BE ATTACHED klumh~r of Paaes Z/ Date of Document , TO THE DOCUMENT ......... ~ ~ DESCRIBED AT RIGHT: Signer(s) Other Than Named Above © 1991 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave. - PO. Box 7184, CanOga Park. CA 91304-7184 :" 1268 i ~ The Grantor here urther grants to the C~OF ENCINITAS the privilege and right to extend drainage struct~Tes 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 OWNER: '~ ~\~,~ ~ary C.//Stein · ' 4 Signature of Owner,s to be notarized. IAttach 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: ~_~(.~'h_ By: ~~ ~y WARREN H. Manager City of Encinitas TF/03/COV1-256W'P5 (3-18-91) 2 1270 EXHIBIT The Northerly 5.00 feet of Parcel 1 of Parcel Map No. 11255, in the city of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 30, 1981, more particularly described as follows: BEGINNING at the Northeast corner of said Parcel 1; thence Southerly along the Easterly line of said Parcel 1, South 00°38'16'' West, 5.00 feet; thence North 89°24'01'' West, 99.84 feet to the Westerly line of said Parcel 1; thence Northerly along said Westerly line, North 00°41'17'' East, 5.00 feet to the Northwest corner of said Parcel 1; thence Easterly along the Northerly line of said Parcel 1 South 89°24'01'' East, 99.84 feet to the POINT OF BEGINNING. ~AL_I._-PURPOSE ACKNOWLEDGMENT ......... ,~,~ ~ ~--- g. 1 9 ? ~ ~ CAPACITY CLAIMED BY SIGNER =%//*'/~ ~ ~ -' me ~ /'~: "'~/LX'"~//I /"~J/o/L~'~ /L~L/'~L'L/~' -- OFFICER(S) .On -- '~'~//"~ oeTore ,__ NAM~TiTLEOFOFFICER-EG 'JANE [~O£ NOTARY PUBLIC" E] PARTNER(S) .personally appeared ~ N^ME/SlOFS~GNE~I$1 [] TRUSTEE(S) [~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence [] SUBSCRIBING WITNESS tO be the person(s) whose name(s) is/are [] GUARDIAN/CONSERVATOR subscribed to the within instrument and ac- knowledged to me that he/she/they executed [] OTHER: the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), ortheentityuponbehalfofwhichtheperson(s) SIGNER IS REPRESENTING: acted, executed the instrument. ~'"~L ~" Witness my hand and official seal. THIS CERTIFICATE Title or Type of Document ~,.~L-b/-IY''~l~' ~U:~/~/~' ~1':;~'~¢~-~.~/~' MUST BE ATTACHED Number of Pages_ / o~' ¢ Date of Document_ · TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 1271 SUBORDINATION AGREEMENT ,Whereas, those parties concerned, desire to have Deed of Trust recorded 42_Q~/~4J~hg_~as File/Page No. 9?-o?~ln~ subordinated to the Relinquishment Access Rights ("DOCUMENT" hereinafer) Required As Condition of Approval of EN 92-535 ; 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. Bank .°f c~=rce DATED BEN E pi C I~-"~iTR~ST E E [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, Cit~Manager city of Encinitas TF/04/BP1-72WP5 (3/18/91-3) -3-