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2006-220974 ~f1;O~ b h I. . ~ ~~ )~~ ) NP ) MAR 30, 2006 11 :28 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 WAYS: 2 DC: NA PAGES: 8 DOC # 2006-0220974 111111111111111111111I111111111111111111111111111111111111111111111111 . Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE ONLY 11111111111111111111111111111111111111111111111111111111III11III EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. 254-112-77 Building Permit No.: 04-2109 Christopher Woodruff and Karen Brandon. Husband and Wife. as Joint Tenants hereinafter called GRANTOR(S), do( es) hereby grant, convey and dedicate to the City of 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 Diego, State of California, described as follows: SEE EXHIBIT "A" 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. 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 Z1-\ day of }c\AP.t\-\' 20~. ~ ~--- OWNER's Signature: {! R LIS. TI> "Iff. t:- ;t.1 , W Ot> (J1l oj f!' ~ Print Owner's Name: O~:~Si~A JDoJ 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 ofEncinitas adopted on July 21, 2004 and the grantee consents to recordation thereof by its duly authorized officer. Dated: <..1/~'ft~ By:Ji)k ~,!2t- _ Peter Cota-Robles Director of Engineering Services City ofEncinitas SUBORDINATION AGREEMENT WHEREAS, ~se parties concerned, desire to have the Deed of Trust recorded (dd/mrnIyy) ~ b'~5 , as File/Page NO.cY~'I/4J~d modification of Deed of Trust recorded , as File/Page 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. ::E~ / Title: L1c-t ~l ~ l~ f- / l~ Sf" C-redh-r- 3/?CY-/oG DATED BENEFICIARY 81_ TRI J~ffi1L BY: ~/ tIi~~ Title: tA ce- 4$. L~ n i D f"\ Yz-o/c t DATED U Sf' e.r~\+ lA",;cn"'\ 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~~/,2.9/ Of;, BY: fJkOll2l-- Peter Cota-Robles Director of Engineering Services City of Encinitas ....... ,~'-.. ............'........................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego } On 11~ l q j 200", before me, Randa G. Milliour. Notary Public, personally appeared Peter Cota-Robles, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ss ~ESS my hand and ?fficial se~1. ~~ ~~.6VA Randa G. Milljo .G. 1M" I lIlY.. . , ':c::r. . . . ".....- ~.~ ...... ~ .' __ ._7 Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docu- ment and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached 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: o Individual o Corporate Officer- Title(s) o Partner-o Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator DOther: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer is Representing: ..................................................................-...................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . State of California }ss. County of ~ 1)"a;Q On ^I)..\ (')'-.} \ 1'1N'V-. ~' personally ~aID1 FEl?m' t\\mA\l.~ ~Uc.~ Name and Title of OIfice)(e.g.. "Jane Doe. Notary Public") ~ ~tC5PIifJ( \V\AQl) r\f\lL ~1)2.\')t=F- Name(s) of Signer(s) AND ~tN ~N before me, appeared J ~ ~ ~ ~ ::=~~8~ f i@'NotaryPubllc- COIIfomIa ~ . Los Angeles County J'Or _ _ ~;o:m~~Ja:~2~ o personally known to me ~oved to me on the basis of satisfactory evidence ~ be the person(s) whose name(s) j!1are subscribed to the within instrument and acknowledged to me that ~/they executed the same in Rie,f~erltheir authorized capacity(ies), and that by Rielf'terltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above OPTIONAL Though the information 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 ~ment \W ~\.( Title or Type of Document: ~ r=~ Q,. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: RIGHT THur.1BPRI~n OF SIGNER RIGHT p-lur,1BPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: .~ C 2004 National Notary Association. 9350 De Solo Ave.. P.O. Box 2402. Chalsworth. CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~~~Ii>.lI~.._R.~~. personally appeared }~ WENDY FERRA\~~\.{ ~ Name and Tille of Olficer (e.g., "Jane Doe, Notary Public") 0~ ~Effil~~ A1\)D &E\Jrn h r'A(>, E Name(s) of Signer(s) before me, State of California County of eon ~D On tV),\~If1~~ , ~ J .... .... .... .... .... .- ~FER~ .... .... ~ _ ~ CommIssIon # 1540378 l.: Notary PublIc - CaIfomIa i j Los Angeles County d ~ ~ _ ~;o:m:~~~ ~rSOnallY known to me o 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 me 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. WIT Place Notary Seal Above OPTIONAL Though the information 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 D~C,~I)t..\(If\n.-h(',^ ^^'~ litle or Type of Document: ~ Ud.!..\Ll.J: Pfj'(fei 110 f\ Document Date: 02::\20\ 0.f1j({J Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer -litle(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: o Individual o Corporate Officer -litle(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: R'GHT THUMBPRINT OF SIGNER RIGHT THur.1BPRINT 01 SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: ~~ C 2004 National Notary Association. 9350 De Solo Ave., P.O. Box 2402 . Chalsworth, CA 91313-2402 Ilem No. 5907 Reorder: Call Toll-Free 1-800-876-6827 \ PARCEL 1 \ PARC8L MAP MZ7 \ --~~.- ~ II sao,llll \. POINT OF _I...INO \ 1- . 80" EXHIBIT -An TRUe POINT OP _INNING N 80 37"27"8 11.14 AREA TO BE DEDICATED z .i ..B S ,~ c 5; I c III - ,~ ," '" '\' \\'i ~.- 31"''-''_ . '" ~ .;..-a:,"' . - ,sa.- N 03 27'3O"W 97.14' 25' N IS 1!,.!r, E_ . , - 213M" . 8518'47'W 25.01' APN: 254-112.77 11.v~ \ ~4;t::.~ EXP: 613012006 ~ EXHIBIT "A" THAT PORTION OF FRACTIONAL BLOCKS 37 AND 38 OF NORTH LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 06,1866. TOGETHER WITH THE AD.JACENT STREETS VACATED AND CLOSED TO PUBLIC USE ON NOVEMBER 19, 1915 BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAID SAN DIEGO COUNTY RECORDED IN BOOK 37 PAGE 5& OF SUPERVISORS RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP 5427 AS SHOWN ON RECORD OF SURVEY NO. 13625, RECORDED .JANUARY 30, 1992 IN THE COUNTY OF SAN DIEGO; THENCE NORTH 80 DEGREES 37 MINUTES 27 SECONDS EAST 454.12 FEET TO THE CENTERLINE OF HYMETTUS AVENUE AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 03 DEGREES 27 MINUTES 30 SECONDS EAST ALONG SAID CENTERLINE 100.00 FEET; THENCE LEAVING SAID CENTERLINE . SOUTH 85 DEGREES 18 MINUTES 47 SECONDS WEST 25.01 FEET; THENCE NORTH 03 DEGREES 27 MINUTES 30 SECONDS WEST 97.94 FEET; THENCE NORTH 80 DEGREES 37 MINUTES 27 SECONDS EAST 25.14 FEET TO THE TRUE POINT OF BEGINNING. , ' c" '~'" l ' " ('\ \..~.i'F', / ,'(,:" /-'" - '1J I '~, ~. .'<t,,~~\'iJ ~ ~."".' ~ /l.~"~ ~~\ ~ j ~J ~ .1P:I ." RA NCER.LS 3 i~" '3('2.4'" ,: EXP: 6/30/2006. '\ \. ~. l3\\~~