1991-427863 · Recording Requested By:
City of Encinitas ~6~ DOC ~1991-0427863
21-AUG-i991 08:43 AN
When Recorded Mail to:
City Engineer OFFI£IAL ;:ECORDS
City of Encinitas SAN DIEGO COUNTY RECOROER'S OFFICE
527 Encinitas Boulevard ANNETTE EUANS, COUNTY RECORDER
Encinitas, CA 92024 FEES: 0.00
HA
FOR THE BENEFIT OF THE CITY
) SPACE ABOVE FOR RECORDER'S USE ONLy ~
F~SF~ENT FOR CITY HIGHWAY
Assessor,s Parcel Project No.: TPM 88-110
No. 265-390-21 W.O. No.: 0392N
Mvra Wilcsek, Michael Wilcsek and John WilcSek
hereinafter called GRANTOR(S), do(m~) 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
TF/03/COVl-256WP5 (3-18-91) 1
766
~The Grantor hereby further grants to the CITY OF ENCINITAS the
privilege and right 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 ~~ day of / 7 , 19~
OWNER:
M~a Wilcsek
Michael Wilcsek
~ohn Wilcsek
Signature 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 au orized officer.
Date: ~--/~ ~ / By:~~~ ~
W~EN H. S~FER, ~y Manager
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 2
768
EXHIBIT "A"
That portion of the Southeasterly Half of the street lying Westerly
of and adjoining Block 41 of the COLONY OF OLIVENHAIN, in the City
of Encinitas, County of San Diego, State of California, according
to Map thereof No. 326, filed in the Office of the County Recorder
of San Diego County, July 8, 1885, as said street was vacated and
closed to Public use, by an Order of the Board of Supervisor's of
said San Diego County, on March 4, 1915, a copy of which was
recorded in Book 36, Page 123 of Supervisor's Records TOGETHER WITH
a portion of 8th Street lying Southwesterly of and adjoining said
Block 41 on the Southwest, all described as follows:
Commencing at the Southeast corner of said Block 41; thence along
the Southerly line of said Block 41, North 73°12'12'' West, 302.63
feet to the TRUE POINT OF BEGINNING; thence South 15°03,50'' West,
40.02 feet to ;the centerline of 8th Street; thence along said
centerline North 73°12'12'' West, 40.02 feet; thence North 15°03,50''
East, 40.02 feet to the Southerly line of said Block 41; thence
South 73°12'12'' East, 40.01 feet to the TRUE POINT OF BEGINNING.
769
'. , ~.~,'"~/~'~
,. SUBORDINATION AGRE~ENT
~EREAS, those parties concerned, desire to have the Deed of Trust
recorded 04-24-90 as File/Page No. 90-219603 subordinated to
Easement for City Highway for pUBLIC R/W ("DOC~ENT" hereinafter)
required as condition of approval of TPM 88-110 ;
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
DOC~ENT to the same extent as if said DOC~ENT had been executed
prior to said Deed of Trust.
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.
Date ~--/~v~/ By ~C~~R~, City~nager
WARREN H. SHAFE
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 3