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1999-770791 · .' . Recording Requested By: ). " ) city of Enolnitas > DOC 1999-0770791 When Recorded Mail to: ) NOV 22, 1999 8: 41 ~%M city Clerk )  City of Encinita, ) ~ICI~[ R[~ 505 South Vulcan Avenue ) ~ D~ ~ ~'8 ~I~ Encinitas, ~ 92024 ) ~ ~. ~, ~ ~ ) FOR T~ BENEFIT OF ~ CITY ) 1335 ~: m ~SE~ FOR CITY HIGHWAY Assessor's Parcel Project No.: 5359-I No. 260~50-06 W.O. No.: ALVIN FUNAKI & TONI A. FUNAKI, Husband & 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 ANDMADE A PART HEREOF BY THIS REFERENCE, cov4054 1 '" 'The Grantor hereby further grants to the CITY OF ENCINITAS 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 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. The Grantor hereby further grants to 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 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. ALVIN FUNAKI ~0wner TONI I. FUNAKI, Owner Signature of Owner~ to be notarized. Attach the appropriate acknowledgements. 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 Right-of-Way Dedication an~consents to recordation,, ~ ~there°f by its dul~r~.h%o~ Date: By: ~lan D. Archibald Director of Engineering Services City of Encinitas COV4054 2 State of County of ,~,'~ On ,7- ~7- ~)~ before me, ~,4ul~ ~( 2Jl9 I , personally appeared /:) [] 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 ac- knowledged to me that h~she/they executed the same in '~fher/their authorized ~'~-" 'o'~l~"Z~-O~i .... '~ capacity(les), and that by("-I~her/their '~l~ Comm. tt1176063 ~ signature(s) on the instrument"th~ person(s), .VI~NOTARYPUBLIO.CALII:0RHfA U/ or the entity upon behalf of which the ~ \'~-..~'~'/ ~,, ~i,,~ c~,,ty ,., person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] CORPORATE OFFICER Tm.~s) TITLE OR TYPE OF DOCUMENT ~ PARTNER(S) [] LIMITED [] GENERAL ~ ATTORNEY-IN-FACT NUMBER OF PAGES ~ TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] o ER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON~$) OR ENTITYilE$) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOC[ATION · 8236 Remme~ Ave., PO. BOX 7184 · Can~ Pa~. CA 91~9-71 ~ ,' c~ALiFOR.iA · ALL-PURPOSE ACKNOWLEDGMENT ,o. - ' '' :' -:'~.- ' ' ' ' ~ ~/~ " State of ~, ~ Coun~ of ~F~ On ~- ~- ~ before me, personally appeared ~D~ I ~ ~ /¢1 , ~ personally known to me - OR - ~proved to me on the basis of satisfa~o~ evidence to be the person~) whoso namo~) is/~ ~u~cri~od to tho within instrument and ac- knowlod~od to mo that ~/~he/t~ ox~cut~d th~ samo in ~/her/t~r authorix~ ca~acitg(~ and that ~y hi,/her/their si~natum~ on tho instrument the person(~, or tho onfity u~on bohal~ of which ~~I~L~ ~ person(~ acted, executed the instrument. ~ ~NOTARY PUBLIC~AIFORN~ ~) l~co~.~j.~ ~.~ WII~[SS my han~ and official OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATrACHED DOCUMENT T~E OR ~PE O~ OOCUME~ Tm~sl ~'~ PAR~ER(S) ~ LIMED ~ GENERAL ~V~ ~ A~ORN~-IN-FACT NUMBER OF PAGES ~ TRUSTEE(S) ~ GUARDIA~CONSERVATOR DATE OF DOCUMENT SIGNER IS REPRESE~NG: N~E ~ ~SRSON~S~ OR E~¢~) SIGNER(S) OTHER THAN NAMED ABOVE ~1993 NATIONAL NOTARY ASSOCIATION · 8236 Remme~ Ave., PO. BOX 7184. Can~ PaT, CA 91~9-71~ WHEREAS, those parties concerned, desire to have the Deed of Trust recorded~~s File/Page No. Easement f~ City Highway for ~ (-~. hereinafter) re~ired as condition of approval of Now, therefore, for valuable consideration, ~e receipt of which is hereby ac~owledged, the undersigned BENEFICI~Y or TRUSTEE hereby waives the priority of said Deed of T~st in favor of said to the same e~ent as if said DOCENT had been executed prior to said Deed of T~st. DATED ~~ DATED BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate acknowledgement. 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^ Alan D. Archibald Director of Engineering Services City of Encinitas cov40§4 3 · 13~0 EXHIBIT "A" WARWICK AVENUE PUBLIC RIGHT-OF-WAY DEDICATION PLAN #$359-I All that portion of Section 22, Township 13 South, Range 4 West, San Bemardino Meridian, all being within the City of Encinitas, County of San Diego, State of California, being more particularly described as follows: Beginning at the center of said Section 22; thence westerly along the east/west centerline of said Section 22, South 89049'20" West, 74.58 feet (Record: S.89°32'45'' W, Map 1547); thence leaving said line, North 0°10'40" West, 25.00 feet, to a point of intersection with a line being 25.00 feet northerly and parallel with said east/west centerline; thence easterly along said parallel line, North 89o49'20'' East, 74.93 feet, to an intersection with the north/south centerline of said Section 22; thence southerly along said north/south centerline, South 0°37'11" West, 25.00 feet, to the POINT OF BEGINNING. Total area of dedication: 1869 square feet.