1996-593483Recording Requested By:
city of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
148
-1996-0593483
SPACE ABOVE FOR RECORDER'S USE ONLY
CITY HZGHNAY
A~ses~or,s Parcel
No. 25S-140-01,02,03,04
Project ~o.:~
w.o. No.. ~,~,~
Gene F. Aschbrenner and Nina G. Aschbrenner, Trustees of the Gene
and Nina Aschbrenner 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 incidents thereto for a public highway upon,
over and across that certain real property in the city of
Enoinitas, County of San Diego, State of California, described as
follows:
SEE EXHIBIT "A" A~ACHED HERETO ANDMADE A PART HEREOF BY
THIS REFERENCE,
cov4054 i
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 cf 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.
Gene F. Aschbrenner and Nine
G. Aschbrenner, Trustees of the
Gene and Nine Asc~hbrennsr Family
Trust dated March 12. 1990
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
Director of Engineering Services
City of Encinites
cov4054 2
150
Certificate Of Acknowledgment
State of CaJifomia, personally appc~md
)
)
Notary Public for the
W1TNESS my hand and official ~al.
FORM 00211 (Rev. 6/94)
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded ~ as File/Page No. ~ subordinated
to Easement for C~ty Highway for PUBLIC R/W ("DOCUMENT"
hereinafter);
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 ofsaid DOCUMENT
to the same extent as if said DOCUMENT had been executed prior to
said Deed of Trust.
DATED
HOME INVESTMENT AND LOAN FKA HOME THRIFT AND LOAN
ASSOCIATION :!
BENEFICIARY OR TRUSTEE
Byr~B, Webb, Jr,
Title: ~ '
President
DATED
BE~EFIC~ARY OR 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
~ov4054 5
152
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof San Diego
On .....10/23/85 before me,
DATE
Jerome M. Schllfe
NAME, TITZ.E OF OFEICER - E.G., "JANE ODE, NOTARY PUBLIC'
mmmm OPTIONAL SECTION mm~
CAPACITY CLAIMED BY SIGNER
[] INDIVIDUAL
[] CORPORATE OFFICER(S)
President
personally appeared Byron B. Webb, Jr.
NAME(SI OF SIGNER(S] TiTLE(Si
[] personally known to me - OR - [] proved to me on the basis of satisfactory evidence [] PARTNER(S) [] LIMITED
to be the person(s) whose name(s) is/are [] GENERAL
subscribed to the within instrument and ac- [] ATTORNEY. IN.FACT
knowledged to me that he/she/they executed [] TRUSTEE(S)
the same in his/her/their authorized []GUARDIAN/CONSERVATOR
~~ capacity(les), and that by his/her/their []OTHER:
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
,~...,.. . SIGNER IS REPRESENTING:
Home [nves~menC and Loan
I IIIII ~_ I IIIIII ..........
THIS CERTIFICATE MUST SE ATTACHED TO TITLE OR TYPE OF DOCUMENT Subor dlnat ioo..,A~reement
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES Z DATE OF DOCUMENT .3_0/23/9.5
Though the dam requested here is not required by I~w,
it ~'o~ld prevent fTaudulent reaffacflment of IhJs form. SIGNER(S) OTHER THAN NAMED ABOVE none
~f993 NATIONAL NOTASY ASSOCIATION · 823E Rammer A~e.~ P.O, ~ox 7184 - canoga Pa~. CA ~130~-7184
B'I3rXBXT #A#
LE(~L DESCRZpT~I'ON
APN: 258-140-01,02,03,04
PORTIONS OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST OF THE SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTy OF SANDIEGO,
STATE OF CALIFORNIA. SAID PORTION LIES WITHIN LAND DESCRIBED IN
GRANT DEED RECORDED JANUARY 8, 1958 IN FILE/PAGE 55041 OF OFFICIAL
RECORDS AND IN GRANT DEED RECORDED NOVEMBER 4, 1968 IN FILE/PAGE
NO. 192904 OF OFFICIAL RECORDS OF SAID coUNTY, SAID PORTION LYING
WESTERLY AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
PARCEL 1: PUBLIC RIGHT-OF-WAY
COMMENCING AT THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN SAID
GP. ANT DEED FILE/PAGE 192904 O.R.; THENCE ALONG THE SOUTHERLY LINE
THEREOF NORTH 89039'52" WEST 17.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTH 01~00'16" EAST
244.71 FEET; THENCE NORTH 46°00'16" WEST 6.01 FEET; THENCE NORTH
01°00'16# EAST 6.00 FEET; THENCE NORTH 43°59'44" WEST 6.01 FEET;
THENCE NORTH 01°00'16# EAST 85.91 FEET; THENCE NORTH 46°00'16" EAST
9.55 FEET; THENCE NORTH 01°00;16" EAST 6.46 FEET; THENCE 43°59'44"
WEST 9.55 FEET; THENCE NORTH 01°00'16# EAST 253.47 FEET TO THE
BEGINNING OF TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF
20.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
90°IO;07#ANARC DISTANCE OF 31.47 FEET; THENCE S00TH88°49;37" EAST
299.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 89°39'51" AN ARC DISTANCE OF
31.30 FEET TO A POINT OF CUSP WITH THE WESTERLY LINE OF A 60 FOOT
WIDE STRIP OF LAND DESCRIBED AS PARCEL i IN AN EASEMENT GRANT DEED
RECORDED AUGUST 27, 1981 AS FILE/PAGE 81-273817 OF OFFICIAL
RECORDS; THENCE ALONG SAID WESTERLY LINE NORTH 00°50;14' EAST 36.88
FEET TO A POINT ON THE NORTH LINE OF LAND DESCRIBED IN SAID GRANT
DEED FILE/PAGE 55041 OF OFFICIAL RECORDS BEING A POINT OF TERMINUS.
HAVING AN AREA OF 17,217 SQUARE FEET.
PARCEL 2: STORM DRAXN ~A~ENT
COMMENCING AT THE SOUTHWESTERLy CORNER OF LAND DESCRIBED IN SAID
GRANT DEED FILE/PAGE 19204 OFFICIAL RECORDS; THENCE ALONG THE
SOUTHERLY LINE THEREOF SOUTH 89°39'52*~ EAST 388.07 FEET TO THE
EASTERLY LINE PER SAID GP. AND DEED; THENCE A3~ONG SAID EASTERLY LINE
NORTH 00°50'14" EAST 353.05 FEET TO THE TRUE POXNT OF BEGINNING OF
A CENTERLINE OF A STRIP OF LARD 10 FEET IN WIDTH LYING 5.00 ON EACH
SIDE OF THE FOLLOWING DESCRIBED LINE; THENCE LEAVING SAID EASTERLY
LINE NORTH 89~09'46" WEST 90.00 FEET TO A POINT OF TERMINUS.
EXCEPTING THEREFROM THE EASTERLY 30.00 FEET THEREOF.
HAVING AN AREA OF 600.00 FEET.
cov4054 3
EXHIBIT "B" BEING A PLAT ATTACHED
THIS DESCRIPTION.
PREPARED BY:
LICENSED ~AND S~EYOR P.L.S. 3997
HERETO
154
AND MADE A PART HEREOF
COV40§4 4
F/? d5041 O~FL
?
PCL. 2
SEE DETAIL 'A'
o. \ ?/P -192~04
268~140~0~
T188
R4W
8.B.,M.,
POtNT OF
COMMENCEMENT
N 89'39'52" W 388,07'
(387,87'dd)
EXHIBIT "B"
DIMENSIONS SHOWN HEREON
ARE DERIVED FROM RECORD DATA
DENOTES PARCEL NO. 1
g EASEMENT AREA
17,217 SQ. FT,
DENOTES PARCEL NO. 2
$00 SO.FT.
~URVE DATA
Ol R ~o.oo: O2R - 20~o0
L - ~1,47' L = 51.50'
9.55'
[ D~AIL 'A'
NO SCA~
~ OETNL 'B'
I ~ N~'OO'16'E
~ 6.01' ~
TREE_T
MELBA RB.
BONITA DR. %
(9~CAMINO EL DORADO ~m~m,~ ~*a~
CAMINO DE ORCHIDIA X VI~IRI, I I M~F
N 89'39'52/~ W /-3D. O0'
Right-of-Wdy Engineering Services, inc.
Land Surveying
4167 AVENIDA DE LA PLATA, SUITE
OCEANSIDE, CA. 92056
(619) 752-1366 ACAD FNAME: ASCHBREN.DWG
CiTY OF ENCINITAS
EASEMEN~ PLAT
258-140-01 THRU O~I FAMILY TRUST
DRAWN: MaG I DATE: 10,/04-/95 I SHEET: 1 OF 1