1992-513493~..~cordlng Requeste :
city oF Encinitas
When Recorded Mail to:
city Engineer
city of Encinitas
527 En¢initas Boulevard
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
1772
I 8 1992-051347
14'~L1~- :[ 99? 08-" 2:~ ~lN
OFFICIAL RECORDS
SAN DIEGO COUNTY RECDRDER'S OFFICE
~NNETTE ED~NS~ COUNTY RECORDER
FEES: ·
$P~CE ABOVE ~Qg...B~coRDER.'$ USE O~LY
Assessor's Parcel
Mo. 254-164-02
F~SEMENT FOR CIT~ HIGHWAY
Project No.:~l
W.O. No.: N/A
Alec J. E~bi~rz and Eva S~iernfeldt.
husband ars] wife as joint tenant~
hereinafter called GIA%NTOR(S), do(H) hereby grant, convey and
dedicate to the CITY OF ENCINITAS, State of California, hereinafter
called GRA/~TEE, the right of way and incidents 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 as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE
A PART HEREOF BY THIS REFERENCE
TF/03/C0Vl-256Wl~5 (3-18-91)
1773
privilege and extend drainage struct~I~res 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 ......... /3f~. day of
OWNER:
Al.ec JJ~abiarz
Eva St j~nfei~t
Isign&ture of Owner's to be notarized.
lAttaoh the appropriate acknowledgements.
I certify on ~half of the city council of the City of Encinitas,
pursuant to authority conferred ~ Resolution of said COuncil
adopted on July 27, 1987 that the City of Encinita~ consents to the
making of the foregoing Right-of-Way Dedication and consents to
recordation thereof by its duly authorized officer.
Date: WARREN ~ ' '
~~'L~ BY: ~-' H. S~~Mana~er
City of Encinitas
TF/03/COV1-256WP5 (3-18-91) 2
177
EXHIBIT
· ~ne Easterly 8.00 feet of that portion of Lot 23 of CREST ACRES, in
the City of Encinitas, County of San Diego, State of California,
according to Map thereo No. 2019, filed in the Office of the County
Recorder of San Diego County, May 3, 1927, lying Southerly of a
line described as follows:
Beginning at a point in the Easterly line of said Lot 23, distant
thereon South 05'51'30" East, 403.32 feet from the Northeasterly
corner of Lot 24 of said Map No. 2019; thence South 84°08'30'',
221.25 feet to a point in the westerly line of said Lot 23.
"STATE OF CALIFQ~RNIA )
COUNTY OF~,%u'~\~ ) SS.
on -~ ~,~q~ before me, the undersigned, a
~ot~ry Publbc in ~nd for said State, personaIly appeared
~, (personally known to me) (proved to me on the basis of
~ry evidence) to be the person(s) whose name ~c/~
subscribed to the within Instrument and acknowledged that
executed the same.
WITNESS my hand and official seal.
My comm~ssi, on expires ~_%~_..c~
N~otar~ Pu~ic in and for sai a e."
(Notary Seal)
3-B-1.
! ??5 oAN
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded ~7-05-90 as Fi/e/Page No. 90-q~q?~6 subordinated to
Easement for city Highway for PUBLI~ R/W ("DOCUMENT" hereinafter)
required as condition of approval of EN 258-91. .;
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. HOMEFED BANK, F.S.B., FORMERLYKNOWNAS
HOME FED~ SAVINGS/~LO~ASSOGIATION
' ' BENEFICIARY OR TRUSTEE ~
By'~ KlM T D.~RBES
Title: AUTHORI ZErk~q I GN~.~ . ,
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
...... I o~rtify on behalf of the City Council of the City of Encinitas,
pursuant to authority confe~ed by Resolution oC s~%.d Council
adopted on July 27, 1987 that the city of Encinitas consents to'~h~'
making of the foregoing Subordination Agreement, and consents to
recordation thereof by its duly authorized officer.
~WARREN M. sHAFER, ~J~y Manager
City of Encinitas
TF/O3/COV1-256WP~ (3-18-91) 3
STATE OF CALIFORNIA
(personally known to me) (proved onthe basis ~ satisfactory e~idence) to be
the
5ecr~ofthe corporatio~ that executed ~he within ins~ument to be the
persons who e~ecuted the withfn ins~rnent on behalf of the cor Fx~atk~'~
therein named, a~l acknowledged to me that such corporation executed
~he same, pursuant to its laws, ora rc:~o[ut k~, of its Bocci of Directors.
Signature ~
SEAL