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2000-777020it~ of ~ncinitas DOC 2000--0077702 When Recorded Mail to: F~b 2[5 .~ 2000 City Clerk 2554 City of Encinitas ~[~C[~[ 505 South Vulcan Avenue S~ D~[~ ~¥ ~[~R'S Encinitas, CA 92024 G~0~ J. S~IH, ~[~[¥ ~OR THZ ~ZT O~ THZ C~T~ ~: IIIIIIIIII IIIIII IIIIIIIIIIII 2000-0077702 Assessor's Parcel No. Project No.: 5935 IR 261-092-49~,50" W.O. No.: Dublin & Oxford LLC, a California Limited Liability Company hereinafter called GRANTOR(S), do(es) hereby 9rant, convey and dedicate in fee title to the PUBLIC, 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 EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, ~rant.hwy 2-09-98 bak 1 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 /~ day of ~c~/~ , 19~ OWNER: ~ Signature of Owners to be notarized. I Attach the appropriate acknowledgments. I certify on behalf of the City Council of the City of Encinitas, for the PUBLIC, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas accepts and consents to the making of the foregoing Right-of-Way Dedication and consents to recordation thereof by its duly authorized officer. Alan D. Archibald Director of Engineering Services City of Encinitas grant.hwy 2-09-98 bak 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~zL~ ~ ss. On J'~'{j, I~'-J ~Jc~j , before me,-'~~ Date Name and Title of Officer (eg, 'Jane Doe, Notary Public") personally appeared '~ ~r.~, Name(s) of Signer(s) ~bperSonally known to me roved to me on the basis of satisfactory evidence to be the person(~r whose name(~) is/a~e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their' authorized " capacity(-ies); and that by his/h~rTth~- i '~.,~ -~A~Li:~'~[e~A~Q~EL~NE;O~ i signature(a) on the instrument the person(e), or · ,V'"T~a, Comm~ion# ~2.380.W · the entity upon behalf of which the person~) ~ Notary Public - Ca~ifomlo _~ acted, executed the instrument. 'j~ San Diego County $ ........... --- L WITNESS my hand and official seal. Though the info/motion belOW is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~ Y'-~ ~ Document Date: ~ [L~'I LC[C:L~ Uumber of Pages: Signer(s) Other Than Named Above: Capac, ity(ies) Claimed by S g~r~ .~ Signers Name: ,~ ~-,~ '" ~-Individual [] Corporate Officer -- Title(s): Top of thumb here LJ Partner-- [] Limited ~ General · Attorney in Fact ~ Trustee [] Guardian or Conservator [] Other: Signer Is Representing: SUBORDINATION AGREEMENT WHEREAS, those pamies conceraed, desire to have the Deed of Trust recorded December 30 1998 , as File/Page No.1998-0861730 and modification of Deed of Trust recorded n/a , as File/Page No. n/a ~ subordinated to Easement for City Highway for PUBLIC RIGHT OF WAY ("DOCUMENT" hereinafter). 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. BENEFJ~jrIARY or TRUSTEE BENEFICIARY or TRUSTEE Robert L. Simonson Title: Vice President Title: 12/21/99 DATED DATED Signature of Owners to be notarized. Attach the appropriate acknowledgments. 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 accepts and 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 Encinitns "' 2558 C::ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally a~ea~ . ~. ~1 ~ a~ S ~ . ~na,y known ~ me - OH - ~ p~ to me ~ ~e ~s~ of ~ti~ ~idence to ~ the pe~(s) ~ name(s) i~ ~b~b~ to ~e ~in instmm~ ~d ~owl~ to me ~at h~ ~uted ~e ~ ~ hi~r au~z~ ~a~i~). ~d ~at ~ blUe,nature(s) on ~e I~ ~e ~on(s). or ~e enti~ u~n b~a~ of wh~ the person(s) acted.  ex~ut~ ~e i~m~. ] ~ ~ ~ C~ ~ W~NESS ~ hand ~ o~al se~. D~cription of A~ach~ D~ument ~cum~t Date: Number of Pages: Sl~er(s) ~her ~ Na~d Above: Capacl~(ies) Claimed by Signer(s) 5,gne~s N~e: ~ I., ~, ~ ~er's Hame: ~ Individual ~ I~Mdual O ~mte Officer ~ Co~te ~er T~e(s): ~tl~s): O Pa~ner-- D Lim~ ~ Gener~ O Pa~er-- O Umited ~ General O A~omw-in-Fa~ O A~ey-in-Fa~ O Trust~ ~ Trustee O Gua~an or ~nsewator ~ ~ GuaMian or C~sewator D ~er: T~lh~bh~ ~ O~er: Signer Is Representing: Signer Is Representing: SUBORDINATION AGREEMENT WHEREAS, those pa~ties concerned, desire to have the Deed of Trust recorded OCTOBER 22, 1999 , as File/Page No. 1999-0708816 ~d/~Joil~f~d~tldr~/dfli~&tff/~/~F&4ft/ l~qqo/rd¢~/////////////,/&ql?/~l~/Pgt~qj///////////////'////, subordinated to Easement for City Highway for PUBLIC RIGHT OF WAY ("DOCUMENT" hereinafter). 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. BENEFICIARY or TRUSTEE BENEFICIARY or TRUSTEE Title: p~~ ~/~ ~4 ~/~'~ Title: DATED DATED Signature of Owners to be notarized. Attach the appropriate acknowledgments . 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 accepts and consents to the making of the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. DATE: BY: Alan D. Archibald Director of Engineering Services City of Encinitas grant.hwy C~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c0~ty of pemonal~ known ~ me - OR -~pmv~ to me ~ ~e ba~ ~ ~ti~o~ ~idence to ~ the ~ n~e~ ~ ~b~ to ~e ~in i~tmm~t ~ ac~owl~ to me ~at h~s~ ~ s~ ~ hi~r au~z~ ~a~(~), ~d ~at h~h ~ s!~a~m~ on ~e tns~ ~e ~o~), or ~e enfl~ u~n ~a~ of wh~h the person~) acted, ~ ~ e~c~ ~e i~m~. Susa OP~O~L ~.cripflon of ~h~ r~. m T~. ' ~ment: 5~. ~,'m~,'m Ca~aci~(i~s) Clai~ by Signer(s) Name: ~gner's Name: Ind~idu~ D Indi~al ~mte ~cer ~ Coyote O~er T~e(s): , '~ ~s): Pa~er-- ~ Lim~ed'~ Gene~ O Pa~ -- ~ Limited ~ General A~om~-in-Fa~ . O A~ey-in-Fa~ Trust~ ~ Trustee Gua~an orCbnsewator ~' ' "="' O Gua~An or ~e~ ,"" ~ D O~en ,/ Top d ~umb here , / Si~epresenting: Signer Is/~nting: EXHIBIT "a" LEGAL DESCRIPTION RIGHT OF WAY DEDICATION PARCEL "A" OF BLA 98 - 289 LOT 24 OF MAP# 1298 THAT PORTION OF LOT 24 IN BLOCK 14 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP # 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 14, 1910, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF LOT 24 OF THE ABOVE REFERENCED MAP NO. 1298, SAID POINT ALSO BEING SHOWN ON RECORD OF SURVEY MAP NO. 12893, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA ON SEPTEMBER 20, 1990; THENCE N30e37'47"W, 15.00 FEET ALONG THE NORTHERLY LINE OF SAID LOT TO THE START OF A SOUTHWESTERLY CONCAVE CURVE HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS N59e22'13"E; THENCE EASTERLY AND SOUTHERLY ALONG SAID RADIUS A DISTANCE OF 23.56 FEET THROUGH A CENTRAL ANGLE OF 89o59' 06" TO ITS TANGENT INTERSECTION WITH THE EASTERLY PROPERTY LINE OF SAID LOT 24; THENCE N59°21'19"E, 15.00 FEET TO THE POINT OF BEGINNING. ., ,,2562 ~×Ht~SI'T ~