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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