1989-381950WHEN RECORDED, MAIL
THIS~INSTRU~ TO:
City Engineer
Department of Public Works
City of Encinita$
527 Encinitas Boulevard
Encinitas, CA 92024
NO TRANSFER TAX DUE
}$PA~ A~O~ FOR ~CORDER'S USE ONLY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel
No. 261-061-34
w.o. No. N/A
Parcel No. N/A
Log No. F-O;
Cardiff' Seashore Partners
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' and 'B'
The Grantor here urther grants to 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. P~SERVING
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 s~bstituting 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.
ALL SIGNATURES TO BE NOTARIZED
t 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
· ~£~itas consents to the making of the foregoing Right-of-Way
~dicatien and consents to recordation thereof by its duly
authorized officer.
WARREN H. S~AFER, Cl~y Manager
city of Encinitas
~S/04/COV1-62wP (10-12-88)
PARTNERSHIP ACKNOWLED~MENI' 0 5 ~ ~ ~o. ~
St~~..__~t ~dayOf _ "~.~ ~ Ig_~_, before me,
the ~nder~lgned Notary Public, personally appeared
rsonally known to me
Ll proved to me on the basis of satisfactory evidence
to be the person(e) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal
Notary's Signature ~
EXHIBIT 'A'
5/30/89
EASEMENT FOR CITY HIGHWAY
Those portions of Lots 25 through 30, inclusive, in Block 30
of CARDIFF, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 1298,
filed in the Office of the County Recorder of San Diego
County, recorded November 14, 1910, described as follows:
BEGINNING at the most Southerly corner of said Lot 25, said
corner being at the point of intersection of the
Northeasterly right-of-way line of Newcastle Avenue and
Northwesterly right-of-way line of Chesterfield Drive as
shown on said Map No. 1298; thence North 31°10'00'' West
150.00 feet along said Newcastle Avenue right-of-way line to
a point along the Northwesterly property line of Lot 30,
Block 30A Map No. 1298; thence leaving said right-of-way
North 58~50'00'' East 5.00 feet along Northwesterly Lot 30
property line; thence parallel to Newcastle Avenue ri~ht-of-
way South 31010'00" East 133.00 feet; thence South 76~10'00"
East 9.90 feet to a point on a line that is 10.00 feet from and
parallel with the Northwesterly right-of-way line of
Chesterfield Drive; thence Northeasterly along said parallel
line, North 58°50'00" East 13.00 feet; thence South
31o10'00" East 10.00 feet to a point on Chesterfield Drive
right-of-way line; thence along said right-of-way line
50'00" West 25.00 feet to the POINT OF BEGINNING.
Contains
975 square feet more or less.
'0587
SUBORDINATION AGI~E~3~BNT
Whereas, tho~e par~i~ concerned, desire Co'have
recorded 1~{~/88 as file/page No. INS~.~.~!88-6552~ubordina=ed
As Cend~=i~n of Approv&l Of ~-88-026
h~r~in&fter)~
Now, ~herefor~, for valuable considera=ion~ =he receip= of which
i~ hereby ac~owledged, =he undersigned BENEFICIA/{Y OR TRUS~E
hereby waiv~ Ch, 9rioTi~y of said D~d of T~s=
CORPORATION
S~AT£ OF CALIFORNIA
CO~.~NTY. O~f LOS ANGELE~ }SS.
-~ ~ Off thle_' 29T.~ day o[ ~ ,, In t~e year.,,,, 1989 ,
· ~ore ~?e, t~ undemlgn~, a Not~ Public In and ~r said ~le, ~r~nam~
~ a~are~: ROBOT R. ~ED
end ROBERT L. WHITT
rx p~rsonally known to mo
[] I~'ovod Io me on the basis of satisfactory evidence
to be the persons who executed the within instrument as
~ presidenl and~ ,~vaa~ respectively,
of the corporation therein named and acknowledged to me that lhe corporation exe-
cuted it pursuant Io its by-laws or a resolution of its board of directors,
0588
'WARREN H. SKAFER, Ci~'anager
Ci=y of Enoinitas
TF/O3/COVl-'95wp5 (6-13-89) 5 '~"
80WARDS ~ BROWN ENGINEERING, INC, I