1995-462355Recording Requested By:
City cf Encinitas
When Recorded Mail to:
City Clerk
city of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
) ! 793
)
F~ PI'~
12-0CT-1~5
OFFICIAL RECORDS
SAN DIEGO CUUNTY REOORDER'S OFFICE
~REOORY S~ITH~ COUNTY RECORDER
FEES:
)
~SPAC~ ABOVE FOR R~CORD~R~S ~ ONT,¥
~EMENT ~OR CITY ~ZGHWAY
Assessor's Parcel
No. 258-312-13
Project NO.: 95-003 DR
W.O. No.: 4278 I
CALIFORNIA ~URFING PROD~CT,S ~NC.f A CALIFORNIA CQRPORATION
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 Encinitas, County of San Diego, State of California,
described as follows:
SEE EXHIBIT "A" ATTACHED 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 of the above described
parcel of land, his successors or assigns, the right to ellminate
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, qro%rths
(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.
O~NER:
Signature of Owners to be notarized.
Attach the appropriate acknowled~,~ments.
· 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
Alan D. Archibald
Director of Engineering Services
City of Encinitas
cov4054 2
1795
INDIVIDUAL ACKNOWLEDGMENT
STATE O~/~. ~/q-'~-~*t ~
On this da~ personally7 appeared befor~
to me ~]~p~n to be. (or in California personally known to me or proved to me on the ~sis of ~t~actory evidence to be) the Individual, or indi-
..?~s_qescfl~ Jffand who executed the wffhln and ~oregotn~ lns~umenL and acknowledged that _~ __ signed the
sam~ -.,: ~. free a~ol~ntary act and deed, for th~ and pu~oses therein mentioned, Given under my hand and official seal this
. ~~' C~l~ .... 19~ . _
No~bllc tn and ~ the ~tate of; ~~. Mycomm~t~n ~lres~. ~ (~ / ~ 1~
796
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded 07r12-95 as File/Page No. 9~-29~%72 sUbordinated to
Easement for City Highway for~ ("DOCUMENT,, hereinafter)
required as condition of approval of CE 95-01 ;
Now, therefore, for valuable consideration, the receipt of which is
hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby
waivee 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.
July 21 1995
DATED
JUly 21 1995~.
DATED
Union Bank
A California Banking Corpor~t~.~n
By.
ML~c~ael
' Title: Vice President
Union Bank
A Californ
BENEFICI
Title:~
~?ax~.: ~ Co_rporation
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 S~bordination Agreement, and consents
to recordation thereof by its duly authorized officer.
Alan D. Archibald
Director of Engineering Services
City of Encinitas
cov4054 3
, a No~ Public for the
WITNT=5 S ~7 officlnl se~l.
798
Certificate Of Acknowledgment
Sta~- of California )
County of Sa~l Diego )
on__ July 21, 1995 beforem¢, Mary V Lauderdale , aNotm'yPublicf'orthe
State of Califbmia, persrmally al~ared Krist ina Montag .........
personally known to mc (or r}rc~efl to me on the bmlls of ~alisfactory evidence) to ho thc pcmmn($) who~e name(s) is/j~ ~u~r~c-dl~d to the within insmlmenl' and
acknowledged to me tha~/l~/~hehtl~ executed thc same in I~i~//hcr/~*t authuri~d capacity(ies), mid that by ll(i~l~er/ll~*liff'signatur¢($) on the instrument the
FORM 00211 (Rev. 6/94)
Exhibit "A"
LEGAL DE.~(~RIPTION
Dedication for Public Highway Right-of-Way
Those portions of Lots 14 and 15 in Block 62 of Encinltas, in the City of Enclnttas,
County of San Diego, State of California, according to Map, thereof No. 148, filed In the
Office of the County Recorder of said County, June 12, 1883, included m that land
described in Quitclaim Deed to California Surfing Products, Inc., recorded August 11,
1989 as Document No. 89.431340 in said Recorder's Office, lying within a 100,00 foot
wide strip of land, the sidelines of said strip lying 50.00 feet on each side of the following
described centerllne:
BEGINNING at the Intersection of the centerline of 'T' Street and a line 30.00 feet Easterly
of end parallel with the Easterly line of Block 10, as said "1" Street and Block 10 are
shown on said Map No, 148, said point being Engineer's Station 421 +52.57 in the
Official Centerline Specific Plan of Pacific Highway (A78) S.A. 101, Sheet 20 of 22
adopted by the Board of Supervisor's of said County February 23, 1977, microfilmed
August 26, 1977; thence along said parallel line and Official Centeriine South 06°35'15"
East, 383.16 feet to Engineer's Station 417+69,41 and the beginning of a tangent
2000.00 foot radius curve, concave Easterly; thence leaving said parallel line and
continuing along said Official Centerltne Southerly along the arc of said curve through
a central angle of 16°58, a distance of 592.25 feet to Engineer's Station 411 +77.16,
being a POINT OF TERMINUS.
Legal Description Prepared By:
Brian Donald, RCE 26175
License Expires 3/31/98
..,~-~%~ ..... ..,. ,.'~,
DONALD
No, 26175
CIVIL
" I
Exhibit "B"
SCALE,~ 1 ~
0 25 50 75
I , I
10o 1,50
APN 256-3~2-13
Stree~
Plot Prepared by;
r~n D~noH, RCE 2517,~
License E~pires 5/31/98
BRIAN
DONALD
No. 26175
~te
Indicates Area to be Dedicated
for Public Highway purposes,
Of:Dedication for Public Street
Hansen' - 1105 First Street, Encinitas