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1998-596811R .oor ingRe 'es y: DOC 1998-0596811. city of En¢initas) SeP 18 _- i~ ~-'~ ~en Recorded Mail to: ) ~FI~I~ City Clerk ) ~ DIEGO C~TY REC~R'S OFFICE clty of ~nclnitas ) G~G~ J. ~ITH, ~ RECTOR 505 south Vulcan Avenue ) FEES: 0.~ Encinitas, ~ 92024 ) ~: / ? r ' ~BE~ FOR CITY HIGawAY 1~98-0~96811 Assessor's Parcel Project No.: J~hn Davis, a single man, 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 1486 Th~ Grantor hereb~urther grants to the 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 eliminate such slopesand/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. Dated this /Or~ day of ~3--q~ , 19~f> Signature of Owner? 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 November 9, 1994 that the City of Encinitas consents to the making of the foregoing RightT~f-Wa~ Ded~catio~andg~nsents to Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2 CALIF. ORNIA ALL'PURPOS~CKNOWLEDGMENT 1 ~. 8 '~ I No. 5907 State of ,/'__~_/_) F-d/~m~' ~- County of . ~',4-r~ ~,'~¢~,-~ On (")~,~v~- /O, /~'~.F~' before me, ,.~-,4/V~'c~ /~. ' DA'~ NAME, TITLE OF OFFICER - EG., "JAI~ E DOE, NOT,~RY F~.JBLIC" personally appeared ,"'~ H-/,,/ ,~ t/'/ NAME(S) OF SIGNER(S) [~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their :i-~- ~,,~.,.~.- --.. -.,~ signature(s) on the instrument the person(s), SWmSON I' or the entity upon behalf of which the I~'~';?~ Noto~YP~31ic--C~ifornio ~ person(s) acted, executed the instrument. ~ MY Co~m. Exl~'es JUN 22. WITNESS my hand~, an~official seal.  / SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ORPORATE OFFICER TITLE(S) TITLE [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: / DAT~ O'F DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave,, P.O. Box 7184 · Canoga Park, CA 91309-7184 141 WHEREAS, those parties concerned, desire to have the Deed of Trust recorded-9~=~= as File/Page No. ~%~-0~'7~Z~ subordinated to Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter) required as condition of approval of Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY ~ 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. N~FI/C~I~ DATED BENEFICIARY OR TRUSTEE By: Title: 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 Subordination Agreement, and consents to recordation thereof by its duly authorized officer. Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 3 ALL-PURPOSE ACKNOWLEDGMENT Sla e el Cou, y el ;r dHg . personally known lo me - OR - ~ed to me on Ihe basis el satisfactory evidence to be the person(s) whose name(s) is/are subscribed ~o the wilhin instrument and ac- knowledged to me thai he/she/they execuled ~ the same in bis/her/their authorized ~,,,'.. ~, :EKEL ~[ capacity(les), and Ihat by his/her/their IIt:f'~'*, ~ ~ II signature(s) on the ins[rument tlqe person(s), ~~~ or the entity upon behalf of which person(s) acted, executed the instrumenL ~ -- WITNESS my hand and official seal. · . ~ ........ · OPTIONAL Though ihe d~ln below is riel required by law, il may prove valuable Io persons relying on Iho documenl and could CAPACITY CLAIMED ~Y SIGNER DESCRIPTION OF ATTACIIED DOCUMENT [-j INelVIDUAL ~ conPO~ATE OFFIGEN TITLE OH ~YPE OF DOCUMENT fi'il GENEI~AL [] A~ORNEY-IN FAC r ........ ~UMI~;~-~-~-~ U TnUS~EE(S) [~ GUAR~IAN/CONSEHVA IOR SIGNER IS REPRESENTING: · 1491 EXHIBIT "A" WARWICK AVENUE DEDICATION (APN: 260-281-02) An 8.00 foot wide strip of land, lying over, under, along, & across all that portion of Lot 13, Block 104, of the Map of Cardiff Vista, recorded March 18, 1913, as Map No. 1547, all being within the City of Eneinitas, County of San Diego, State of California, being more particularly described as follows: The northerly most 8.00 feet of said Lot 13. Total area= 477 square feet EXHIBIT "A" WARWICK AVENUE DEDICATION PLAT (APN 260-28 ~t-02) IARW'FCK ~ AVENU F ~ //// '//// , SCALE; ~."=50' NORTHERLY 8.00' OF LOT ~.3, BLOCK ~.04, MAP ~.547 LOT 14 LOT :13 LOT 12 ~LOCK '104, MAP 154 PE 742 PASCO ENGINEERING (6]9) 259-8212 535 N. H#Y ]OJ. STE. A SOLANA BEACH. CA 92075