1993-797409 Recording Reques By:
City of Encinitas
When Recorded Mail to:
City Engineer
City of Encinitas ~ 1 .! 0
505 South Vulcan Avenue ~ .'~
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
EASIEST FOR CITY
Assessor's Parcel Project NO.:EN 93-643
No. -~__ W.O. NO.:N/A
David R. Williams and Kathle~n A. William~
hereinafter called GRANTOR(S), do~ 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/COV3-421wp51 03-31-93) 1
The
Grantor further grants to the OF ENCINITAS the ~O~
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 ~J~f~L~ 19 ~
OWNER: David R. Williams
Kathleen A. Williams
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 authorized officer.
Date: //-~ By: ~(1~o _~1~
WARREN H. SHAFER, ~ty Manager
City of Encinitas
TF/03/COV3-421wp51 (03-31-93) 2
EXHIBIT "A"
The Southeasterly 7.00 feet of that portion of Lot 7 in Block "W"
of Seaside Gardens Annex, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 1801,
filed in the Office of the County Recorder of San Diego County,
described as follows:
Beginning at the Northwesterly corner of said Lot 7 in Block "W",
said point also being a point on the Easterly boundary of the
public road known as Encinitas Drive; thence along said Easterly
boundary of En¢initas Drive; South 16°12, East 138.58 feet to the
beginning of a tangent 280.00 foot radius curve, concave
Northeasterly; thence Southeasterly along said curve, 10.08 feet
through a central angle of 2°03'46,,; thence South 89°30,30'' East
264.00 feet to the TRUE POINT OF BEGINNING; thence continuing South
89°30'30'' East 139.06 feet to an intersection with the
Northwesterly boundary of the public road known as Ocean View
Avenue; thence Southwesterly along said boundary of Ocean View
Avenue, South 29°05, West 141.23 feet to the beginning of a tangent
130.00 foot radius curve, concave Northwesterly; thence
Southwesterly along said curve, 100.42 feet through a central angle
of 44°15'30'' to a line which bears South 1°49,50'' West from the
TRUE POINT OF BEGINNING; thence North 1°49'50'' East 186.06 feet to
the TRUE POINT OF BEGINNING.
Excepting therefrom that portion thereof if any, lying within the
North one and one-half acres, being parallel with the North line of
said Lot 7.
SUBORDINATION AGR]
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded 03-21-91 as File/Page No. 9]-0~242RR subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter)
required as condition of approval of ~ 93-643 ;
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.
Tit 1h~k VICE
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 //--~ By ~0~~---~ ~~. ~
WARREN H. SHAFER, C~y Manager
City of Encinitas
TF/03/COV3-421w-p51 (03-31-93) 3