1992-288953Recording Requeste~:
City of Encinitas
When Recorded Mail to:
City Engineer
City of Encinitas
527 Encinitas Soulevard
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
No. 254-164-16
1279
)SPACE ABOVE ~OR RECORDER.'$ U$~ O~L~
F~SF-K.E~T FOR CITY HIGHWAY
P~oje¢= Ne.: EN 9~-106
W.O. No.: N/A ,
David E. Bell
hereinafter called GRAnTOR(N), do(es) 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 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/COV!-256WP_ 5 (3-18-9~) ~
12 0
Th~ Grantor her~b .~. rther grants to the CI~F ENCINITAS the
privilege and r~ght to extend drainage struct~s 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.
19~
DaSd' 5%. ~11
ISignature of Ow~er~.s to be notarized.
Attach the approprlate ackn~w-te~gements.
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. ty Manager
City of Encinitas
TF/O3/C0Vl-256WP5 (3-18-91) 2
1282
EXHIBIT
The Westerly 7.00 feet of the Southerly one-half of Lot 31 of C~ST
ACRES, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 2019, filed in the office
of the County Recorder of San Diego County, May 3, 1937.
EXCEPTING TwRREFROM that portion of said Lot 31 described
follows:
BEGINNING at the Southeasterly corner of said Lot 31; thence North
05°51'30'' West, along the Easterly line thereof, 90.00 feet; thence
South 85°11'43'' West, 237.57 feet to the intersection with the
Westerly line of said Lot 31; thence South 15°31'30" West, 101.35
feet to the Southwesterly corner of said Lot 31; thence North
84°08'30'' East, along ~ Southerly line'thereof, 274.50 feet'to
the POINT OF BEGIN~ING.
~ pl~rovednally known to me
to me on the basis of satisfacto~ evidence
to be the person(s) whose name(s} / ~ subscribed to the
,^. i*~[r~ ~..~,.~ within instrument. ~cknowledged that _/~ ~ ~
..... ...... ,;.
A~~Y~ ~ ~ ~ ~ ~, ~ ~ ~t ~ a~t of ~ lo ~ ~,
~S CER~R~ ~ ~ ~ of ~u~nt ~~
MU~ BE A~HED ~r of ~g~ ~ ~ --
TO ~E ~UME~ ~ of ~um~t
DE~I~D AT R~: S~s) ~ ~an Nam~ ~ ~
F
O ~;UBORD T~zLTION AGREEMENT
.~EKF. AS, those parties concerned, desire to have the Deed of Trust
recorded 04-21-89 as File/Page No.· 89-210~48 subordinated to
Easement for City Highway for ~UBLIC R/W '("DOCUMENT" hereinafter)
required as condition of approval of ..... 'EN 92r.~Q6 ;
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.
DATED BENEfiCIARY OR TRUSTEE
Di GO
COUNTY
~e~,eaal)¥ ~,-~w~'e.,-me~ {-~ ~"~.ved to mo an the bo*i. of ,ati~faOo~
ev.dence), o be Ihe per*on(s) whe,e name i~ ~ub*cribed to thi* in*trum.nt,
and eckn~ledged that ~__~
~___ ~,m e-la N~me ~yped or Frlnle~ "
FOR NOTARY SEAL OR. STAMP
I certify on behalf of the city Council of the city of incinitas~
pursuant to..a~t.harity conferred by Reso.~Dtlon of said Council
adopted on July 27, 1987 that the City of Encinitas consents to the
making of the foregoing Subordination Agreement, and consents to
recordation thereof by its duly authorized officer.
Date
WAR~EN H. S anager
city of Encinitas
TF/O3/COV1-256WP5 (3-18-91) 3