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1992-565640 Recording GGO IYYL-U 6 6 U City of Encinitas 04-SEP-1992 08: !5' When Recorded Mail to: OFFICIAL RECORDS City Engineer SAN OIEGO COUNTY RECOROER'S OFFICE City of Encinitas ANNETTE EUANS, COUNTY RECORDER 527 Encinitas Boulevard FEES-' 0.00 Encinitas, CA 92024 NA FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER' S USE ONLY F2%SE/~ENT FOR CITY HIGHWAY Assessor's Parcel Project No.: EN 132-91 No. 256-1~1-7~ W.O. No.: N/A JOSEPH W. WEISS AND LAURA B. COWART 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) 1 661 The Grantor here ~urther grants to the C2 OF ENCINITAS the privilege and ri¢ extend drainage struc 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 ~k day of ~, 19 ~__~ of California -- Co.,,~ of ~ O 6 2 On December 5, 19 appeared ~ before t~te A l ~ ~ - me on t/re I,~d t ~,,.- ~ ~ OOrdan ttl,qlltl?lgtll (ltld acJt ',,~ Peeron(s) w/to. re ...... '' 7~$s~(°rproved to Io, wledsed lo the that ~ehhey a'eotted the sa,ne i~r/their ..t/~o..~d c. ~ ~ o~ t;uttle($} ~/are subscribed lo the Willtbt "~*,6 ~*-,,c,-~ tft~ u~,stntmetit. _ ,.,, or tlte et~tity ttliOtI beha~ of m/tich the person(s) WITNESS my hand and official seal· ~~ EXHIBIT "A" That portion of the North Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 10, Township 13 South, Range 4 ~est, San Bernardino Meridian, in the City of Encinitasw County of San Diego, State of California, according to Official Plat thereof, included in that land described in deed to Joseph W. Weiss r~corded May 3, 1989 as File/Page No. 89-232625 in the Office of the county Recorder of San Diego County, lying that is 30.00 feet Westerly of and parallel with of a Road S~ey No. 700 and 700-1 as shown on county corded as Map ~o. 12014 in said 1 661 The Grantor hereb ~urther grants to the CJ OF ENCINITAS the privilege and righ~ 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 ,~{5~ day of ~, 19 ~__~ f' X~ate of California th¢~-------~me~. Co.n,y of 2 On December 5, 1991 . .. appea~d ~oe~ ,,, ,, ~ '~ before me, A17 isos dord - . . ...... 'q S~s~c~ evidence} to be the t,o~,~~~u~ ......... pe~onal~ °tiltl°~tetlt and ac~n°wledged t° nte t]tat ~eb/teY ~ecttled the same h~ ~/,t.~: . . t/,al by h~r/their signature(s} I'e~,on(s} who~e namers, 7~ ?~(Orproeed to acted, ~ecuted the t)tstnonent, or lhe etllily tt]lon beha~ ~ which the ;~er~'on on the it~vtntment the Pe~'on(s}, v / nlare SUOscnbed lo the wilhb; tF~TNEss nty hand and official seal. ~ .. ,.,*ctr altllton2ed cttilacily(ie,O, and 664 SUBORDINATION AGREE/~ENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded 06-09-89 as File/Page No. 89-306532 subordinated to Easement for city Highway for _PUBLICR_~_~_ ("DOCUMENT" hereinafter) required as condition of approval of ~N 132-91 ; 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 pri°r t° said Deed °f Trust' f~~~, ~ ~ ~ ~~~ ~ DATED BENEF~I~ARY OR ~R~E San D~eguit~Na~i°nal B~k By: David Yoder \\~ Title: Vice President 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, L~iLy Manager city of Encinitas TF/03/COV1-256WP5 (3-1S-91) 3 663 EXHIBIT "A" That portion of the North Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, in the city of Encinitas, County of San Diego, State of california, according to official Plat thereof, included in that land described in deed to Joseph W. Weiss recorded May 3, 1989 as File/Page No. 89-232625 in the office of the County Recorder of San Diego County, lying Easterly of a line that is 30.00 feet Westerly of and parallel with the centerline of Road Survey No. 700 and 700-1 as shown on County of San Diego Tract No. 4572, recorded as Map No. 12014 in said County Recorder's office, said Weiss land described as follows: Commencing at the Northeast Corner of the Southwest Quarter of the Northwest Quarter of said Section 10; thence along the East line thereof South 03°29'20'' West (Record South 03°33'52'' West) 108.09 feet to the TRUE POINT OF BEGINNING; thence North 89°39'31'' West (Record North 89"46'46'' West) 204.78 feet to the Northeast Corner of land described in deed to Gaylord P. Bahlman, recorded October 4, 1963 as File No. 177777 of official Records; thence along the Easterly line thereof South 03~40'59'' West, 108.07 feet to the Southeast Corner of said Bahlmanland; thence along the Easterly prolongation of the Southerly line thereof South 89~35'13'' East (Record South 89'46'06" East), 202.24 feet to a point on the East line of said Southwest Quarter of the Northwest Quarter which is South 03"33'52'' West, 108.09 feet from the TRUE POINT OF BEGINNING; thence along said East line North 03°33'52'' East, 108.09 feet to the TRUE POINT OF BEGINNING. TF/05/MS19-2066~-p51 (8-6-91)