Loading...
2001-317356RecordingRe ues ed y > O00 2001--03173§6 RECORDED REQUEST OF ) City of Encinitas First American Title ) SUBD'V'S~ONM^p~NOOEP. MaY 18, 2OO1 9:10 A~l ~en Recorded Mail to: ~O ~ ~ ~IOI~ REC~8 CiW Clerk ) ~ ~I[~0 ~IY ~[R'8 OFFICE Ci~ of Enc~t~ ) G~ J. ~IIH, C~IY [~C~[R 505 Sou~ Vulc~ Avenue ) FEES: 0.~ Encinit~, CA 92024 ) ~: 2 )SPACE. ILY 2001-03~ 7356 .~;"r~ ~/~ EASE~NT FOR CITY HIG~AY Assessor's P~cel No. Project No.: 5661-I 254-614-03 W.O. No.: TM 94-066 Lizbath A. Ecke and David C. M~y~rr Co-Trustaa~ of the Lizbeth A. Ecke and David C, Meyer Community Property Trust dated January 12, 1995 herein~er c~led G~TOR(S), do(es) hereby ~t, convey ~d dedicme to ~e Ci~ if Enci~t~, State of Califo~a, here~a~er called G~E, ~e ~ght of way ~d incidents ~ereto for a public ~ghway upon, over ~d across ~at ce~n real prope~ in ~e Ci~ of Enc~t~, Co~ of S~ Diego, State of C~ifo~a, descffibed ~ follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) 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 the 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 substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by the City Engineer. -~ q ?an 4694 The Grantor hereby furthe ts to the Grantee all trees, growths, wing 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 a 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. Datedthis //~ dayof~t~ ,2000 '!~Ek's Signature: OWNER's Signature: LSmb~th h. Ecker Co-Trustee David C. Meyer, Co-Trustee Prin~Owner'sName~ of the Lizbeth A. Print Owner'$ Name: of the Lizbeth A. Ecke and David C. Meyer Ecke and David C. Meyer Community Property Trust Community Property Trust dated January 12, 1995 dated January 15, 1995 Signature of Owners to be notarized. Attach the appropriate acknowledgments . This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City CounciI of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated: .~'/ q~ / Alan D. Archibald Director of Engineering Services City of Encinitas grant.hwy 4-16-1999 jlr 2 4695 SUBOI:LDINATIO[N AGREEMEN'T WHEP~AS, those parties concerned, desire to have the Deed of Trust recorded (dd/rmmJyy') 9/18/97 , as File/Page Nol 997~-01 551 JEered modification of' Deed of Trust recorded 7/17/98 as File/Page No. 1998-0444076 , 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 BEi'¢EF]:CI'g-RY or TRUSTEE hereby waives the pnorky of said Deed of Trna m favor of said DOCUMENT to the same extent as if said DOCUNEENT had been executed prior to said Deed of Trust. BENEFICL'aR-Y or TRUSTEE BENEFICIARY or TRUSTEE Wells Fargo Bank, N.~ Wells Farg*/Ba4~k,r~N/~. DATED DATED Signature of Owners to be notarized. Attach the appropriate acknowledgments . I certi~ on behaJf of the City Council of the City of Encinkas, pursuant to authority corX'erred by Resolution of said Council adopted on November 9, 1994 that the City of En6initas accepts ad consents to the making of the foregoing Subordination A~eement and consents to recordation thereof by its duly authorized officer. ~ [ Alan D. Arckibald Director of Engineering Services City of Enciniras grant.hwy 4-16-1999 j ir 3 4696 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,~r~ personally appeared  ~rsonally known to me ~ proved to me on the basis of satisfacto~ evidence to be the perso~ whosenam~./~ is~ subscribed to the within instrument and ~-- acknowledged to me that~shc/thcy executed ,.,~,.1~ ,,. B.~..,~ . the same in ~her/t.hc~r authorized ~:~ Comm~on~ 1~1~ ~ capacity~cc), and that by ~her/ ...... ~ ~,~?~ Not~ Public - C~ ~ signatur~ on the instrument the person, or ~ ~'~ ~ornm~r~Jul16,~ the entity upon behalf of which the person(c) .:~ ~~ acted, executed the instrument. WITNESS my hand and official seal. D~,eription of ~a~h~d Document Titlo or lype of Documont: Document Date: Signor(s) Othor Than ~amoO Capaeit~{i~) Claimed Si~nor's ~ame: ~ IndMdual ~ Pa~nor ~ ~ Umite~ ~ Attornoy in Fact ~ Trustoo ~ Guardian ~ Other: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~'"~ D('~_O~~ ss. On ~../~O~ . before me./V(~ ~.~ ~. ~'ot~. ~, personally appeared~..V'~4 C- ~ ~ersonally known to me ~ proved to me on the basis of satisfacto~ evidence to be the person) whosenam~tw subscribed to the within instrument and  acknowledged to me that he/cbc/they executed the same in his~ authorized capacity~), and that by his/~ signature(e) on the instrument the person, or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my.hand and official seal. OPTIONAL Though the information below is not required t on the document and could pmvent frauduNnt mineral and rea~achment of; document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer's Name: ~ Individual ~ Corporate Officer - Top of thumb here ~ Pa~ner-- ~ ~ General ~ Attorney in ~ Trustee ~ or Conse~ator ~g: . 698 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C~',:,fc,-nia County of //~,~q~/A/¢ '~'¢-~ ~ ss. personally appeared ~i/~[~0~ personally known to me proved to me on the basis of satisfactow evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL S~L STEPHANIE L D~ER I ~NESS my hand and o~al seal, NOTARY PUBLIC-OREGON OPTIONAL 7hough the ~nfor~afion be/ow ~ not required by law, /t ~ay ~rove valuable [o ~ersons relying on the document and could prevent fraudulent removal and rea~ach~ent of this form to another document, Description of A~ached Document T~t~e or Type o~ Decument: Document Date: Number o~ Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ Individual ro~ of thum0 here ~ Corporate O~cer ~ ~tle(s): ~ PaAner ~ Limited ~ General ~ A~orney in Fact ~ T~stee ~ Guardian or Conse~ator ~ Other: Signer fs Representing: 4699 EXHIBIT "A" I.I~.GAL DESCRIPTION FOR PUBLIC STREET AND UTILITY EASEMENT A strip of land, 60.00 feet wide, over that portion of Lot 51 of Tract No. 94-066 in the City of Encinitas, County of San Diego, State of California, recorded September 4, 1996, as Map No. 13356, Records of said County, lying 30.00 feet on each side of the following described centerline: Beginning at a point on the Westerly line of said lot distant North 12°17'15'' West 244.03 feet, from the Southwest corner of said lot said point being on a non-tangent curve concave Southwesterly having a radius of 250.00 feet, a radial line to said point bears North 11°44'43'' East; thence Southeasterly 264.33 feet along said curve through a central angle of 60°34'51"; thence tangent from said curve, South 17040'26'' East 74.79 feet to the Southerly line of said lot. The sidelines of said strip shall be prolonged or shortened so they terminate Westerly on the Westerly line of said lot and terminate Southerly on the Southerly line of said lot. As more particularly shown on Exhibit "B" attached hereto and made a part hereof. Rory S,-~Williams L. L. S. No. 6654 Registration Expires: December 31, 2003 Revised June 19, 2000 January 22, 1999 Page 1 of 1 w.o. 1774-21x H&A Legal No. ~639rl Prepared By: H. Foss Checked By: R. Williams/t'h 4700 EXHIBIT "B" ~ I Sketch to Accompany Legal Desc~ption "i" RORY S, ~LIA~S, ES. 6654 LICENSE EXPIRES: 12-51-05 ~'~, G~OSS ~0 NET AREA = 18998 SF / .' A =60%4'51" 4~? ' ....... -- ~=~o.oo, / ~ L=264.33' INDICATES A 60' WIDE EASEMENT FOR ROAD AND S17~40'26"E UTILITY PURPOSES GRANTED . 74.79' PER MAP NO. 13356 INDICATES AN EASEMENT FOR INGRESS AND EGRESS PURPOSES RESERVED IN FAVOR OF LOT 48 PER MAP NO. 15356 N89°23'31"W LEGEND ~'~' ~*~ ~ PROPOSED PUBLIC ROAD AND UTILITY EASEMENT GRANTED HEREON. SEE SHEET 2 FOR VICINITY MAP Hunsaker & ,4ssoeiates EASEMENT Irvine, Inc. FOR STREET AND UTILITY PURPOSES I .Dwc H Foss oK'= V. EDGE I SCALE: 1"=100' W.O. 1774-21X 01-22-99, 06-19-00 , .~, . I: 1774-21/LD/4639/EXHIBiTB.DWG LOG ~. NONE H&A LEGAL No. 4639 SHEET I OF 2 EXHIBIT 'b" 471)1 Sketch to Accompany Legal Bescription CITY OF CARLSBAD SITE IE~ VICINITY MAP NO SCALE aHunsaker & Associates EASEMENT Irvine, Inc. FOR STREET AND UTILITY PURPOSES Three HNghes, lruine, C~ 926/8 * (949) 583 ~0/0 PASEO DE ~S FLORES Planning · Enginee~ng * Su~eying IN ~E CIW OF ENCINITA& C~NW OF SAN DIEGO. STATE OF CALIFORNIA I .~v. I~w~ c~'~ V. EDGE SCALE: NONE W.O. 1~4-21X D*~: 01--22--99 o*m 5--09--00 .~ H. FOSS .~ I: 1774-21/LD/4639/SH TOZDWG LOC ~. NONE H&A LEGAL No. 4639 SHEET 2 OF 2