No Recording Information (7)Recording Requested By:
City of Enclnltas
When Recorded Mail to:
city Engineer
city of Encinitas
527 Encinitas Boulevard
Encinitas, CA 92024
FOR THE BENEFIT OF TEE CITY
150 ·
SPACE ABOVE FOR RECORD~R'S U~E ONLY
EASEMENT FOR CITY
Assessor's Parcel
No. 216-071-31
Project No.: EN 257-9!
W.O. No.: N/A ..
Scott William Bee and Joan Bee
hereinafter called GRANTOR(S), do~ hereby gran~, convey and
dedicate to the CITY OF ENCINITAS, State of California, hereinafter
called GRA/qTEE, the right of way and incidents thereto for a public
highway upon, over and across that cez-kain real prouerL-y in the
city of Encinitas, County of San Diego, State of California,
described as follows:
SEE EXHIBIT "A"'~ATTACHED HERETO AND MADE A PART
_H~REOF BY THIS REFERENCE
TF/03/COV1-256WP5 (3-18-91) 1
1509
The Grantor hereby further grants to the CITY OF ENCINITA$ the
privilege and right ,to. ~xtend 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 w~iting 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~, 19c~ ~
OWNE~:
. ScOtt William Bee
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
recc~r~ation th~d~eof by its duly authorized officer.
Manager
city of En¢initas
TF/03/COV1-256W~5 (3-18-91) 2
1511
EXHIBIT "A"
The Westerly 27.00 feet of that porei~n
ALL-PURPOSE ACKNOWLEDGMENT
NO
.......... ~= =~ ......................... ~ _~.~ _~ ..... ~.~~ ........
CountyState°f ~ c~,~¢~ .__ } .~ __ACIT~CLAIMEDBYSIGNER
~ OO~POBATE
0
n
~ PARTNER(S)
, ~AMB(~) O~ 5~GNFR{S] ~ TRUSTEE(S)
U per,onally known to me- O,~P~oved to me en the basis of ~atiefactery evidence
SUBSCRIBING
WITNESS
to be the person(s) whose name(s) ks/are
~ GUARDIAN/CONSERVATOR
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed B OTHER:
the same in his/her/their authorized
capacity(les), and that by his/her/their
signature(s) on the instrument the person(s), --
ortheentityuponbehalfofwhichtheperson(s) SIGNER IS REPRESENTING;
acted, executed the instrument. NAME OF PERSONtS) OR EH fITY([ES)
Witness my hand and official seal.
_ TH~ OERTIF~qTE Title or Type of Dacument ~..~
' - MUST'BE AT%ACHED
,¢, ~ . Number of Pages '
~' ~RE ~CUMENT _ ~ Date of Document_ /
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ..
Wi~EREAS, those parties~ Concerned, desire to have the Deed o4 Trust
recorded ~9-]3-9]. as File/Page NO. ~99]-0472244 subordinated to
Easement for City Highway for PUBLIC R]W ("DOCUMENT" hereinafter)
required as condition of approval of EN 251~F91 ;
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the undersigned BENEFICIA-RY 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.
OCTOBF. I~ 21, 1991
DATED
BURLINCTON FINANCIAL SERVICES
BI~x~ TRUSTEE
JUDY A. SHOOK
Title: VrC~ P~KS'm~I~T .
CAT, NO. NN00737
TO 1945 CA (8-84)
(C0rp0rati0 )
Signature Of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
1513
TICOR TITI.E INSURANCE
bc~'orc mc, thc undersigned, a Notary Public in and for
said State, pcnonany appeared. ~O~ A~"~[i¢~
personM]y known to mc or proved to m~ on the basis ' '
of satisfactory evidence to bc t~c pemon who executed
the within ins~umcnt as thc ~l~
President, ~ ~ ~ ' ~ --
personally known to ~e or
proved to me on the basis of satisfactory evidence to he
the person who executed thc within instrument as the
'---- ~ r~;-~:rctary of thc Corporation
that executed the witSin instrument and ac[a6Cgl-cxtged
to me that such corporation executed the whhJn instru-
ment pursuant to its by-laws or a resolution of its
hoard of directors.
WITNESS my ha~Id and official se~l.
Signatu./9"~y~._. ~O~/ _.
(This a~a for official nots~ial aeaD
wAi~REN H. SHAFER, C~ty Manager
city of Encinitas
itas,
uncii
.o the
ts to
TF/03/COV1-256WP5 (3-18-91) 3