1992-24630Recording Requeste~y:
City of Encinitas
When Recorded Mail to:
City Engineer
city of En¢initas
527 Encinitas Boulevard
Encinitas, CA 92024
294
FOR THE BENEFIT OF THE CITY
~$PACE ABOVE FOR RECORDER'S USE ONLY
AssessorJs Parcel
No. ~
EASEMENT FOR CITY HIGh, FAY
Project No.:EN 145-91
W.O. No.:N/A
William F. Alpenfels, an unmarried man and
Maria....~,. Pum, an unmarried woman ..............
hereinafter called GRANTOR(S), do(El) hereby grant, convey and
dedicate to the CITY OF ENCINITAS, State of California, hereinafter
called GRANTEE, the right of way and incidents thereto for a public
highway upon, over and across that certain real property in the
City of Encinitas, County of San Diego, State of California,
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF BY THIS REFERENCE
TF/03/COV1-256WP5
(3-18-91) 1
295
The Grantor hereby further grants to the CiTY OF ENCINITAS the
privilege and right to extend drainage structures and excavation
and embankment slopes beyond the limits of the herein described
right-of-way where required for the construction and maintenance
of said CITY Highway. RESERVING unto grantor of the above
described parcel of land, his successors or assigns, the right to
eliminate such slopes and/or drainage structures or portions
thereof, when in the written opinion of the City Engineer of
Grantee, the necessity therefore is removed by substituting other
protection, support and/or drainage facility, provided such
substitution is first approved in writing by the City Engineer.
The Grantor hereby further grants to Grantee all trees, growths
(growing or that may hereafter grow), and road building materials
within said right-of-way, including the right to take water,
together with the right to use the same in such manner and at
such locations as said Grantee may deem proper, needful or
necessary, in the construction, reconstruction, improvement or
maintenance of said highway, but only to the extent such trees,
growths and materials are present on or in the right-of-way on
the date which is no less than 30 days after the CITY OF
ENCINITA$ gives written notice to the Grantors (or their
successors in interest) of the Grantee's intent to do work on the
right-of-way such that Grantors shall have an opportunity to
relocate any trees, growths or materials in or on the right-of-
way.
Dated this ~day of /~~ , 19 ~/.
OWNE :
~illiam F. Alpe~fel's
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.
WARREN H. SHAFER, ~i3cy Manager
City of Encinitas
MKP:b,~k:BAN KROC M.WS0
STATE OF CALIFORNIA )
)
cOUNTY OF L~---~D~% ~0 )
undersigned, a Notary, Public in.and ~oN said State, personally
appeared (~% ~%...% ...~C~. ~.a~ ~-.~ ,
personally known to me (Or_~.rove~ to0me on the basis of
satisfactory eviden?e).to.be the person(s) whose name(s~ i~Jare
s~U~scribed to the w~th~n ~nstrume~t~and acknowledged to me that
~h~she/they executed the sa~e~n~h~r/t~.eir authorized
~-~apacity(ies), and that byi~her/thelr signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Notary Publlc ~)and fc~r Sa~d State
NOTARy PU~IC CALIFORNIA
-1-
297
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On November, 11, 1991, before me, the undersigned, a Notary
Public in and for said State, personally appeared Maria K. Pum,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that she executed
the same in her authorized capacity, and that by her signature on
the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
Notary Pu~4~ic in 'and for ~a~'~ State
-1-
EXHIBIT "A"
The Easterly 28.00 feet of the Southerly 100 feet of all that
~ortion cf Lot 2 of the Northwest Quarter of the Northeast Quarter
in Section 4, Township 13 South, Range 4 West, San Bernardino
Meridian, being also a portion of Acre Lots 35 and 36 of
Eatonville, according to Map No. 513, filed in the Recorder's
Office March 20, 1888, in the City of Encinitas, County of San
Diego, State of California, described as follows:
Commencing at a point on the North line of said Section 4, which is
South 89°59'45'' East, 2081.91 feet from the Northwest corner of
Avocado Acres No. 2, according to the Map thereof No. 1802, filed
in the office of the Recorder of said San Diego County, August 6,
1924; thence South 7'10' East, 184.31 feet; thence South 24'42'
East, 178.15 feet; thence South 28°44, East, 210.50 feet; thence
South 54°35, East,290.52 feet; thence South 50'58' East, 243.49
feet; thence South 3~57' East, 139.87 feet; thence South 6' 45'
East, 151.07 feet; thence North 87'11'30" West, 241.13 feet to an
intersection with the Westerly line of said Lot 36; thence North
3'29'45" West along the Westerly line of said Map No. 513, 218.00
feet, more or less, to a point which is 396.08 feet from the Wes~
corner of said Lot 36; thence North 75°8'23" East, 234.8 feet, more
Or less to the True Point of Beginning.
U~ORDINATION A~REEMENT Loan #675649-8
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded 08-04-89 as File/Page No. 89-415643 subordinated to
Easement for City Highway for ~ ("DOCUMENT" hereinafter)
required as condition of approval of EN 145-91 ;
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
prior to said Deed of Trust.
12-31-91
DATED
BEnEFICiARY )~
By. ~~/~ _~inda Za ldivar
Title: V~ce President
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
.Ly~L~ D. M~B1ovski
Title: Assistant Vice President
Wells Fargo Bank, N.A., a National Banking A~sogietlon that executed the within
on behalf cf the Association therein named, and acknowledged to me that such
Association executed the same.
(ASSOCIATION ACKNOWLEDGEMENT}
on
(N(~tery'e Seal)
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