2001-462680 D00 2001-0462680
Recording Requested By:
Jul O6, 2OO1 11:O2
City of Enc[nitas ) OFFICIAL REGORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
When Recorded Mail to: GREGORY J. 8,ITH, COUNTY RECOROER
City Clerk FEES: 0.00
City of Encimtas 0C: NA
505 South Vulcan Avenue WAYS: 2
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY )
)SPACE ABOVE FOR RECORDER'S USE ONLY
r~ ~/ EASEMENT FOR CITY HIGHWAY
Assessors P~ar,¢,4 ~o..,/,/~ Project No.: 6850-G
257-500-02,03,05-07,29,30 W.O. No.: TM 94-066
Encinitas Town Center Associates II, A Delaware Limite,]
Liability Company
hereinafter called GR~OR(S), do(es) hereby grant, convey and dedicate to the City if 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
SEE EXHIBITS "A" and "B'r 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 embat~kment 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, Ms 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.
granthwy 4-16- t 999 jlr 1
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The Grantor hereby further grants to the Grantee all trees, growths, (~owing or that may hereafter
grow), arid road bnilding within said right-of-way, 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, reconsln~ction, improvement, or
maintenance of said highw-ay.
The Grantor, for himselfi his successors and assigns, hereby waives any claim for any and all
damages o Grantor s rema nmg property contiguous to the right-of-way hereby conveyed by reason
of the location, construction, landscaping or maintenance of said tfighway.
Dated this /5~ day of ~_~, 2001
Print Owner s Name: P~fi~Owner's Nme:
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
Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
Alan D. Archibald
Director of Engineering Services
City of Encinitas
grant.hwy 4-16-1999 jlr 2
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of . .
personally
~ pmvod to mo on tho basis of satisfacto~
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(ies), 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.
WITheS my/~hand an~ offi~ seal.
'
OPTIONAL
Though the info.orion below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and rea~achment of this form to another document.
Description of A~ached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
~ Individual
~ Corporate Officer--Title(s): Top oC thumb here
~ Padner-- ~ Limited ~ General
~ Attorney in Fact
~ Trustee
~ Guardian or Conse~ator
~ Other:
Signer Is Representing:
SUBORDINATION AGREEMENT
WHEREAS, those partiesn concerned, desire to have the Deed of Trust recorded
(dd./nun/~,) 5-Iq-7_OOI , as File/Page No. 7=oo~-03~>q~05and modification of Deed of
Trust recorded lq [/I. , as File/Page No. bi//~ , 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 Trast.
BENEFICIARY or TRUSTEE BENEFICIARY or TRUSTEE
DATED
Signature of Owners to be notarized.
Attach the appropriate acknowledgments.
I certify on behalf of the City Couneil 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 Eng/neering Services
City of Encinltas
grant.hwy 4-16-1999 jlr 3
STATE OF CALTFORNI'A
COUNTY OF SAN DIEGO ss.
On this 16tltlay Of May , 2001, before me, Jacquelyn E. Alexander
a Notary Public in and for the State of California, personally appeared
Jeffrey R. Reed , ~ (or proved on
the basis of satisfactory evidence) to be the personC~ whose name~'~ is/~e
subscribed to the within instrument and acknowledged to me that he/s~le/.~hey.
executed the same in his/l'~r/t~eir authorized capacityCJe's), and that by
his/h,~/t~eir signature,(,~ on the instrument the person(ti', or the entity upon
behalf of which the person~'~ acted, executed the instrument.
WITNESS my hand and official seal ~"~ 'J~Ob~[~ '~.'~[E'~'~E'~.~
Signature ~ ~
ot~ Public ' NOTARY STAHP
EXHIBIT A (LEGAL DESCRIPTION) - SHEET 1 OF 2
RIGHT OF WAY FOR PUBLIC ROAD PURPOSES
Those portions of Amended Map of Encinitas Map No. 13258, City of Encinitas Tract No. 94-
066, Units I, II and III, In the City of Encinitas, County of San Diego, State of California,
according to Map thereof No. 13333, filed in the Office of the County Recorder of San Diego
County, June 3, 1996, described as follows:
PARCEL 1
Those portions of Lots 8 & 9 of said Amended Map of Encinitas Map No. 13258, City of
Encinitas Tract No. 94-066, Units I, II and III, In the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 13333, filed in the Office of the County
Recorder of San Diego County, June 3, 1996, described as follows:
Beginning at the Northwest corner of said Lot 9 of Map no. 13333, thence along the Northerly
line of said Lot 9 North 88°18'24" East 84.00 feet to the Eastedy line of those portions of said
Lots 8 & 9 designated as "RESERVED FOR FUTURE STREET" on said Map No. 13333;
thence leaving said Northerly line of Lot 9 along said Easterly line South 01°41'36" East 1.88
feet to the TRUE POINT OF BEGINNING; thence continuing along said Easterly line South
1°41'36" East 97.63 feet to a tangent curve concave Easterly having a radius of 500.00 feet;
thence Southerly 67.11 feet along said curve through a central angle of 7°41'25" to a reverse
curve concave Westerly having a radius of 723.00 feet; thence Southerly 229.79 feet along
said curve through a central angle of 18°12'38" to the Northerly terminus of that certain
course shown as having a bearing of North 8°49'37" East and a distance of 35.23 feet on
said Map No. 13333; thence non-tangent from said curve and leaving said Easterly line of
those portions of Lots 8 & 9 designated as "RESERVED FOR FUTURE STREET" on Map
No. 13333 along the Northerly prod of last said course North 8°49'37.. East 37.20 feet to a
tangent curve concave Westerly having a radius of 735.00 feet; thence Northerly 242.58 feet
along said curve through a central angle of 18°54'37" to a reverse curve concave Northerly
having a radius of 15.00 feet; thence Northeasterly 25.76 feet along said curve through a
central angle of 98°23'25"; thence non-tangent from said curiae North 1°41'36" West 40.00
feet; thence South 88°18'24" West 9.10 feet; thence North 1 °41'36" West 10.00 feet to a non-
tangent curve concave Northeasterly having a radius of 15.00 feet, a radial line to said point
bears South 1°41'36" East; thence Northwesterly 22.78 feet along said curve through a
central angle of 87000'44'' to a compound curve concave Northeasterly having a radius of
650.00 feet; thence Northerly 33.89 feet along said curve through a central angle of 2°59'15"
to the TRUE POINT OF BEGINNING.
Containing 3,169 square feet, more or less.
PARCEL 2
Those portions of Lots 3 and 5 of said Amended Map of Encinitas Map No. 13258, City of
Encinitas Tract No. 94-066, Units I, II and I~l, In the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 13333, filed in the Office of the County
Recorder of San Diego County, June 3, 1996, described as follows:
Beginning at the Southeast corner of said Lot 5 of Map no. 13333, thence along the Southerly
line of said Lot 5 North 70°57'16" West 63.50 feet to a non-tangent curve concave
Northwesterly having a radius of 15.00 feet, a radial line to said point bears South 19°02'44"
West; thence Northeasterly 23.56 feet along said curve through a central angle of 90°00'00";
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- SHEET 2 OF 2
thence non-tangent from said curve South 70°57'16'' East 48.50 feet to the Easterly line of
said Lot 5; thence along said Easterly line North 19°02'44'' East 12.00 feet; thence leaving
said Easterly line South 70°57'16'' East 36.50 feet to a non-tangent curve concave
Northeasterly having a radius of 15.00 feet, a radial line to said point bears North 70°57'16"
West; thence Southeasterly 23.56 feet along said curve through a central angle of 90°00'00.'
to the Southerly line of said Lot 3; thence non-tangent from said curve along said Southerly
line North 70°57'16'' West 51.50 feet to the Southwest corner of said Lot 3; thence along said
Easterly line of Lot 5 South 19°02'44'' West 12.00 feet to the Point of Beginning.
Containing 1,372 square feet, more or less.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
BRIAN K. MICKEL L.S. No. 7320 / ~ ~ /
LICENSE EXPIRES: JUNE 30, 2001 ~ Exp. 06/30/01
~ No. 7320 ~,
)
SHEET 1 OF 2
EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION)
RIGHT OF WAY FOR PUBLIC ROAD PURPOSES
(N 88°18'24" E ' TO TRUE POINT
84.00') OF BEGINNING
D=2"59'15" D=87°00'44"
R=650.00' R=I 5.00'
L=33.89' L=22.78' N85"1
-- ~ -- -- RADIAL
-- -- RADIAL
(42') (4 o
D=98'23'25"
L=25.76'
~ ' .~ % ~STERLY LINE OF PORTION
~ O ~ '- - OF LOTS 8 & g DESIGNATED AS
~U ~d ~ PARCEL1
~ ~STERLY RIGHT-OF-WAY
~ ~ ~ PER IMPROVEMENT P~NS
~ NOTE: DATA IN (PA~NTHESES)
[vanes) ~(varies)~ ~ MAPNO. 13333.
NO SCALE
1~ 81'~,~ ~ ~ ~ BRIAN K. MICKELSON, L.S. ~ 7320
'~ ~3 ~) ~- . MY LICENSE EXPIRES JUNE 30, 2001
APR 2 3 ~01
- SHEET 2 OF 2
EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION)
RIGHT OF WAY FOR PUBLIC ROAD PURPQSES
~/~
-~1 NOTE: DATA IN (PAreNTHESES)
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