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 ~