1997-345305Recording Requ'e~L~m, By: ) · 21~3UL_1997
~ity of Encinitas . ~ OFFICIAL R[CORO~
~l ~ S~N OIEGO C~NTY ~E~OROER'F OFFICE
~en Recorded Mail to: ,~ ] 7~7 GREGORY ~ITN, COUNTY
City Clerk . ;--[.~ . FEES: 0.00
City of Enclnitas ) ~_.J
Enoinitas, ~ 92024
FOR T~ BE~FIT OF ~ CITY
FOR CITY HIGHWAY
Assessor's Parcel
No. 258-140-01~02y03~04
Project No.:
W.O. No.:
Gene F. Aschbreg..ner and Nina G. Asch.b..r..enner~ Trustees of the
Gene and Nina As~.hbrenner Family Trust. dated March 12, 1990~
hereinafter called GRANTOR(S), do(es) hereby grant, convey and
dedicate to the CITY OF ENCINiTAS, State of California, hereinafter
called GRANTEE, the right of way and in¢ident~ thereto for a public
highway upon, over and across that certain real property in the
City of En¢initas, County of San Diego, State of California,
described aA follow~:
SEE EXHIBIT "A" ATTACHED HERETO ANDMADE A PART HEREOF BY
THIS REFERENCE,
cov4054 i
,The Grantor hereb urther grants to the CI OF ENCINITAS ~he
privilege and right to extend drainage structures and excavation
and ~mbankment 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 substitu=ing 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 /~7~ day of /H~ .. , 19~
GENE F. ASCHBRENNER
NINA G. ASCHBRENNER
Signature of Owners 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 November 9, 1994 that the City of Encinitas consents to
the making of the foregoing Right-of-Way Dedication and~consents to
Date: ~llll~ l By: ~ '~ XA/~TAA,~v s-,v~ ....
t [ Alan D. Archibald
Director of Engineering Se~ioes
City of Encinitas
cov4054 2
. 1 799
," CALIIFORNIA ALL-PURP~ACKNOWLEDGMENT
state ot c: z-,i N iA-
County of . '~',~J~ N
On ./~A--.~i~ ~ F.~
pemonally appeared ~N~
~ personally known to me - OR -~roved to me on the basis of satlsfactoff evidence to pe the person(s)
whose name(s)~are subscribed to the within instrument
and acknowledged to me that -he/sf'm/they executed the
same in i'ds~er/their authorized capacity(les), and that by
h~sA:~er/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
i/~/~.WI~NESS my hand~,~,~.~a~d~ial seal.
Though the Information below is not required by taw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~',,~.~"~"-/~
Document Date: /~1~.12 P~. II.~/; /
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
/ /
Number of Pages: ~,~
Signer's Name:
~ Individual
[] Corporate Officer
Title(s):
[] Partner -- [] Limited [3 General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[3 Other:
Signer Is Representing:
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Signer's Name:
[-1 Individual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-In-Fact
[] Trustee
[] Guardian Or Conservator
[] Other:
Signer Is Representing:
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S~BORDINATION AGREEMENT
1800
~HER~AS, those parties concerned, desire to have the Deed of Trust
recorded July 5~ 9&as Fils/Page No.94 420106 subordinated to
Easement for City Highway for PUBLIC R/'~'A("DOCUMENT"N/ hereinafter)
required as condition of approval of ,,,
NOW, therefore, for valuable consideration, the recent of~hich is
hereby acknowledged, the undersigned BENEFICIARY or~E hereby
waives the priority of said Deed of Trust in favor Of-said~DOCU~ENT
to the same extent as if said DOCUMENT had been executed prior to
said Deed of Trust.
HOME INVESTMENT AND LOAN FICA HOME THRIFT
AND LOAN ASSOCIATION
OATED
Title: .c~ ,.g. ......
BENEFICIARY""~R TRUSTEE
By:
Title:
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 November 9, 1994 that the city of Encinitas consents to
the making of the foregoing Subordination Agreement, and consents
to recordation thereof by its duly authorized officer.
Alan D. Archibald
Director of Engineering Services
City of Encinitas
cov4054 3
'~ RNIA C~
,?~ CALIIFO ALL-PURP ACKNOWLEDGMENT
1///)1
State ot California
Coun~of .~an DieRo
On March 25~ 1~7. befomme,, Jerome M. Schlife
personally appeared ~¥ron B. Webb, Jr.
~personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/am subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capaclty0es), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
Though the information below i$ not required by law, it may prove vatuab/e to persons relying on the document and could prevent
fraudulent removal and reaMachment of this form fo another document,
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Then Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name;
[] Individual
[] Corporate Officer
Title(s):
[] Partner -- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conse[vator
[] Other:
Signer Is Representing:
Top of thumb here
Signer's Name:
LJ IndMdual
[] Corporate Officer
Title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing;
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EXI-IIBIT "A"
1809.?,
LEGAL DESCRIPTION
SUBJECT PROPERTY
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SBBM; IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER
OF SECTION 15; THENCE NORTH 88°56'21'' WEST ALONG THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SECTION 15 A DISTANCE OF 429.$4 FEET;
THENCE NORTH 1°35'36'' EAST ON A LINE PARALLEL WITH TIlE EAST LINE
OF SECTION 15, A DISTANCE OF 653.68 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 1035'36'' EAST 649.19 FEET TO A
POINT ON THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST
1/4 OF SECTION 15 DISTANT THEREON 429.84 FEET WESTERLY FROM THE
NORTHEAST CORNER THEREOF; THENCE ALONG SAID NORTH LINE NORTH
88003'22'' WEST 385.67 FEET; THENCE SOUTH 1°46'32'' WEST 655.16 FEET;
THENCE SOUTH 88°56'21'' EAST ON A LINE PARALLEL WITH THE SOUTH
LINE OF THE NORTHEAST 1/4 OF SECTION 15 387.76 FEET; THE TRUE POINT
OF BEGINNING.
EASEMENT AREA
SAiD ROADWAY EASEMENT TO AFFECT THE FOLLOWING PORTIONS OF
THE ABOVE DESCRIBED PROPERTY.
THE WESTERLY 25.00 FEET, TOGETHER WITH THE NORTHERLY 25.00 FEET
ALSO TOGETHER WITH THAT PORTION LYING NORTHWESTERLY OF THE
ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID
CURVE BEING TANGENT TO BOTH THE EASTERLY LINE OF SAID
WESTERLY 25.00 FEET AND THE SOUTHERLY LINE OF SAID NORTHERLY
25.00 FEET. ALSO TOGETHER WITH THAT PORTION LYING
NORTHEASTERLY OF THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, SAID CURVE BEING TANGENT TO BOTH THE
SOUTHERLY LINE OF SAID NORTHERLY 25.00 FEET AND A LINE WHICH IS
PARALLEL WITH AND 25 FEET WESTERLY MEASURED AT RIGHT ANGLES
TO THE EASTERLY L/NE OF THE ABOVE DESCRIBED PROPERTY.
25'
¢1T¥
140- 0~- I
140
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4
4
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387. 7(,? ?
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sUedECT
PRoPErTy
1803