1998-165064 1745
Recording Requested by:
Ci~ Clerk ccc,:; ,
505 S, Vulcan Avenue
Encinitas, CA 92024
the City GRANT DEED ~9.~-o~o~o84
Assessor's Parcel No.: 256-122-61
For valuable consideration, receipt of which is hereby acknowledged, James W.
Freeburg, Gisela Freeburg, and Robe~ Clarke, hereinafter called Grantor(s) grants fo
Cia.of Enoinitas, a Municipal Corporation,
The following described real properly in the City of Encinitas, County of San
Diego, State of California, right-of-way and incidents thereto for public highway upon,
over and across that certain real property described as follows:
That portion of Lots 1 and 12 in block 1 of Avocado Acres, in the County of San Diego,
State of California, according to Map thereof No. 1791, filed in the office of the County
Recorder of San Diego County April 29, 1924, described as follows:
BEGINNING at the northeast corner of the land described in a deed to TakJ Sun
Incorporated, a California Corporation, recorded June 24, 1992 as File No. 1992-
0392884, thence along the eastedy line thereof, South 05°23'01" West 9.23 feet; thence
leaving said easterly line, North 89°14"13" West 31.06 feet fo the northwesterly line of
said land of Taki Sun Incorporated; thence along said northwesterly line, North 67°42'49"
East 15.23 feet; thence North 80°26'29'' East 18.07 feet to the Point of BEGINNINg, all as
shown on Exhibit "B" attached herewith and made a part hereto.
grantor hereby further grants to City of Enoinifas the privilege and right fo
extend excavation and embankment slopes beyond the limits of the herein described
right-of-way where required for the construction and maintenance of said public road.
Dated this ~"~---~ dayof 1997. 17 $
Grantor:
m/Cs W. Freebur, g..~ / Rabbi W. Clarke
;ela Freeburg ~
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
rEencCio~aaStioCnO~rr teSotfObtyhi~sn~aul~nagutChfotrhizeef~roeffgiOcienr.g Grant/~, and ~,~s~,ts to/~/. ~ /,~1/~
Date: ~'-~- ~ ~ By: (~
CALIFORNIA ALL-PURPO~ ACKNOWLEDGMENT
State
of
(,/
County of ~
On~L~, ~,f /t~,7 beforeme,~3,~¢~/~..~ ~-,,~///-./,.~2u~ /.)d~"~¥
Date Name and Title of Officer (e.g., "Jane Doe, Nota~ Public~)
personally appeared ,~IE/f'~./~L~ ,-~-YC--E~(J/~E} ~ "~L~5;A-~/-7'. Y//:
Name(s) of Signer(s)
[] personally known to me - OR 7~oved to me on the basis of sat~tory evidence to be the person(s)
whose name(s) i ar,~bscribed to the within instrument
and acknowled,,~9~t~ me that he/sh~xecuted the
~'*~*~'~-;;~ :~'~,.*..~,.~.~..~ same in h~s~e~uthorized capaci~-'0~s), and that by
Randa G Miiljour ~ his/he h~.~ignature(s) on the instrument the person(s),
~;~ Comm. #1038151
~'~ NOT~s,~¥PUSUC.C^,.IFORNi^~ or the entity upon behalf of which the person(s)acted,
MyComm E×p Jan 6, I999 ~ executed the instrument.
WITNESS my hand and official seal.
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 Document
Title or Type of Document: ~--~/~'Z/,JT- ~
Document Date: ~,/~/~"~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
[] Individual [] Individual
[] Corporate Officer [] Corporate Officer
Title(s): Title(s):
[] Partner-- [] Limited [] General [] Partner-- [] Limited [] General
[] Attorney-in-Fact [] Attorney-in-Fact
[] Trustee [] Trustee
[] Guardian or Conservator [] Guardian or Conservator
[] Other: Top of thumb here [] Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
1994 National Nota~ Association · 8236 Remmet Ave., P.O Box 7184 · Car)oga Park, CA 91309-7184 Prod. NO, 5907 Reorder: Call Toll-Free 1-800-876-6827
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire fo have the Deed of Trust recorded October
31, 1996 as File/Page No. 96-0551433 subordinated to Grant Deed for City Highway for
PUBLIC R/W ("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
.. .e. n exe. .,e. ,,r, or to ,a ,. .e e.
DATED ~ E~/,r~IC~I~,R~' ~
By:.
Title:
DATED BENEFICIARY
By:.
Title:
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 consents to the making of the foregoing Subordination Agreement, and
consents to recordation thereof by its duly authorized officer.
Director of Engineering Services
City of Encinitas
CALIFORNIA ALL-PURPO~ ACKNOWLEDGMENT 1 ? ~, 9
State of
U
County of ~
On .(~J-~C.¢ ~/ //~ beforeme, '~,Z~r,4-JO,~ ~,,Z~G.7..)~~
Date Name and Title of Officer (e.g., "Jane Doe, Notar~ Public")
personally appeared /-~/~/-/-~./J~
Name~) of Signer(s)
[] personally known to me - OR - E~ved to me on the basis of s..~sfactory evidence to be the pemon(s)
whose name(~e subscribed to the within instrument
and acknowle.~ed to me that he~ney executed the
_~ ~/' ~,a"~.~'~;:~:::~' ~- ....~l~l~o~r ~ s~ m e.. e.. e.. e.. e.. e..~h is(~P_.P~t h e i r authorized capacity(les), and that by
Ra.,.,o'~- his(~_~J~eir signature(s)on the instrument the person(s),
~ Comm. #103~3151 ~ or the entity upon behalf of which the person(s) acted,
ic~.eNOT~Y PUaUC'C^U~ORN AiMy CommAN D,E<3OEx, p couN~jan 6 t~9 . executed the instrument.
**~.,*~+~;.-~ ;~;~:::~. WITNESS my hand and official seal.
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 reattachrnent of this form to another document.
Description of Attached Document
Title or Type of Document: ~'~.,,~ ,~ r ,.~ '~ ~, >/~ ~,~, ..,~/-~, ~.~..~ ~/
//
Document Date: ,~'/~'/'/~ ~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
[] Individual [] Individual
[] Corporate Officer [] Corporate Officer
Title(s): Title(s):
[] Partner-- [] Limited [] General [] Partner-- [] Limited [] General
[] Attorney-in-Fact [] Attorney-in-Fact
[] Trustee [] Trustee
[] Guardian or Conservator ~ [] Guardian or Conservator
[] Other: Top of thumb hen [] Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
1994 National Notaq/Association · 8236 Remmet Ave., F~O, Box 7~84 · Canoga Park, CA 91309-7184 PrOd. NO, 5907 Reorder: Call Toll-Free 1-800-876-6827
, LEUCADIA 0L~ R\w , .- BOULEVARD 1750
NO SCALE ~OLD ~ LEUCADIA BL~
LEUCADI~_ _ ~ BOULEVARD
~2 ~ 4' SDG~E EASEMENT
POLELINES ~ U~ CONDUITS
' CLAPKE/FREEBURG /~D/C4 TES RIGHT OF WA r TO
~ ~ ~ BE ACQUIRED BY THE CITY OF
%~ ~ RECORDED FEBRUARY 2~0G4 ~ 256-/22-55
L.~ 4312
scA~. ~"= 50' fx~ 6-3o-oo EXHIBIT "B"
~,~ ,-.,~. ,.~ .o.~ ~ NOLTE and ASSOCIATES, Inc. RIGHT OF WAY ACGUISITION
~"~: ~"~ Engin~rs / Planners / Suweyors