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)