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