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2006-196432 i~ 1 ~..! ~Iq, -IJ~ h Recording Requested By: f(;,) )1t/ ~ JPf-~ ) ) ) DOC # 2006-0196432 1111111111111111111111111111111111111111111111111111111111111111111111 City of Encinitas MAR 22, 2006 10:53 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES 0.00 WAYS: 2 DC NA PAGES: 7 When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 11111111~mll~1111 FOR THE BENEFIT OF THE CITY ) )SP ACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY mGHW AY DOCUMENTARY TRANSFER TAX $ ~ Assessor's Parcel No. 261-101-08 Project No.: 04-132 CDP 9186-G Robert Machado. as Trustee or his successors. in trust. u/d1t dated November 2. 1994. f7b/o the Robert Machado Living Trust hereinafter caMed GRANTOR.(S), do( es) hereby grant, convey and dedicate to the City ofEncinitas, 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 Diego, State of California, described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby further grants to the Grantee all trees, growths, (growing 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. . . , '.' 't .v .' The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's dedicated property conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this I':> day of t=ee.. 200,\(, 95 tJ r ~. OWNER's Signature: Print Owner's Name: ~~/J~ ~ 4l/lC/lA1bO Print Owner's Name: 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 July 21, 2004 and the grantee consents to recordation thereof by its duly authorized officer. Dated: By: Peter Cota-Robles Director of Engineering Services City of Encinitas ALL-PURPOSE ACKNOWLEDGMENT STATE OF HAWAII ) ) SS. COUNTY OF HA WAIl ) On February 13,2006, before me, Geraldine Strigin, Notary Public, personally appeared Robert Machado o personally known to me - OR - ~proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to be that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. (je,.u:_-~ - -- Signat re of Notary , Witness my hand and official seal. Commission Expires: January 16,2008 OPTIONAL INFORMATION This certificate must be attached to the following document: Title or Type of Document: E ASt'M t'Nr G.e.. (; .i., 49';,,,,,, Y Signer(s) Other than Named Above: Project: . 'I - ,. ~. SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded (dd/mmlyy) $- ,5"-0\ , as FilelPage No.ld,' 03dt )0' and modification of Deed of Trust recorded , as FilelPage No. . 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 By:6~ ~ ie, Kt,1S 1,# Title:#SS(.>""'~tt~t!fZ</ /PCZL~ ~. ~ rQIYW #fIA/ 23)).p~ DATED B : Title:bltlV?d 0[JJ./A - ~~~ Signature of Owners to Attach the appropriate acknowledgments . be notarized. 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 thereofby its duly authorized officer. DATE: J/.1 iD~ ::~JJ~ Director of Engineering Services City ofEncinitas ., ALL-PURPOSE ACKNOWLEDGEMENT State of Oregon } County of Washington } ss: On 2/23/06, before me, ~ M.li:eh~otary Public, personally appeared G.E Klein. Assistant Secretary & Lynda F McDowell. Authorized Signer [gJ personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to to the within instrument and acknowledged to me that shelhe/theyexecuted the same in hislher/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s) on the entity upon the behalf of which the person(s) acted, executed the instrument. . OFFICIAl SEAL KARLA M. KOEHLER NOTARYPUBUC-OREGON COMMISSION NO. 365789 tit ClMtSSDf 9JlIIES fBIIMt 19, 'JJ1J1 WITNESS my hand and official seal ~!1~~e Description of Attached Document Title or Type of Document: Easement Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: G.E. Klein Signer's Name: Lynda F McDowell D Individual [gJ Corporate Officer Title: Assistant Secretary D Supervisor D Authorized Signer D Other: D Individual D Corporate Officer Title: D Supervisor [gJ Authorized Signer D Other: Signer is Representing: Wells Fargo Bank, N.A. Signer is Representing: Wells Fargo Bank, N.A. ; " ' I.' i ,,___ '- ./ /r-<. ATTACHMENT "A" LEGAL DESCRIPTION LAND TO BE DEDICATED APN 261-101-08 2455 SAN ELIJO AVENUE The Westerly 15.00 feet, measured parallel to the sideline of San Elijo Avenue, of the foUowing described real property: Lots 35 and 36 in Block 6 of Cardiff, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 3298, filed in the Office of the County Recorder of San Diego County, November 14,1910. vl ., Ill; ... .. -..... ) , "". .--t ~~ /-. ATTACHMENT "B" PLAT OF LAND DEDICATED APN 261-101-08 2455 SAN ELIJO AVENUE I I --.J I SC'AI.E: l' = 40' I I ~ I I r1 ~. 1~ 20 40 I I I I rn ALLEY - I ~ I I I I I I I I' I I I JvJA.R No.. 32981 BLO~}< 61 I I I I I I 38 I 37 36 I 3J::: 3/1 I 33 I -0 -j' I I I I I I I I I I I I I I I I I I I I I I I I I I fia ~ SAN EWO AVENUE ..., I I L ~ AREA TO BE DEDICATED TO THE ClY OF ENCINrTAS ~ FOR PUBLIC RIGHT - OF - WAY