2002-208669 ,:.00,:.-0," 08669
Recording Requested By: )
) OFFICIAL RECORDS
CITY OF ENCINITAS ) SAt4 DIEGO COHNTY RECORDER'S OFFICE
) GEGORY J, SMITH, COUNTY RECORDER
When Recorded Mail to: ) FEES: 0,00
City Clerk )
City of Encinitas ) W.¥o. 2
505 South Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY )
/_./'1~ Space Above for Recorder's Use ONLY
EASEMENT FOR CITY HIGHWAY
ss sso ,
W.O. No.: 5275-1
MARY ALICE GRAY, an married woman, hereafter called GRANTOR, does 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 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 grants to the City of Encinitas (CITY, hereinafter) 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 the 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.
Dated this / day of ~ / ,20elL--
At
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.
Dated: ~,/~/~
Leroy Bodas, P.E.
Director of Engineering Services
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof :~,.4 ._~:6:' /.) ~ ss.
On ////07...- , before me,
Date Name and Title of Officer {e g, 'Jane Doe. NotaW/~ublic')
personally appeared
Na~4'e(s) of Signer(s)
[] personally known to me
.J~proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
I ~ OFFIClALSEAL ~ subscribed to the within instrument and
~'"~ NEAL GANZ ~ acknowledged to me that he/she/they executed
,~ ~NOTARY PU~LlCoCALIFORNIA~ the same in his/her/their authorized
~u~ COMM. NO. 1309685 -- capacity(ies), and that by his/her/their
~ \~/ SAN D~E¢_,O COUNTY ·
~ '~1~' MYCOMM. EXP. JULY 1~,--"~(~ ~ signature(s) on the instrument the person(s), or
........................~ the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document
and could prevent fraudulent remove~ 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: . . . :..
LJ Individual
[] Corporate Officer -- Title(s): Top of thumb here
[] Partner-- [] Limited [~ General
~ Attorney in Fact
~ Trustee
~ Guardian or Conservator
[] Other:
Signer Is Representing:
" EXHIBIT A
A PORTION OF THAT LAND OUITCLAIMED PER DEED RECORDED JUNE 21, 199`3 AS DOCUMENT NO.
1993-0`38902`3 OF OFFICIAL RECORDS, BEING ALSO A PORTION OF LOT 18 OF THE SUBDIVISION
OF RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 1898, CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY BOUNDARY CORNER OF SAID QUITCLAIMED LAND, BEING ALSO
THE NORTHWESTERLY CORNER OF THAT `30 FOOT WIDE STRIP OF LAND DEDICATED TO THE CITY OF
ENCINtTAS FOR PUBLIC STREET PER MAP N0.1`3689; THENCE SOUTH 9'22'06" WEST 202.02 FEET
TO THE SOUTHWESTERLY CORNER OF SAID STRIP OF LAND AND THE MOST NORTHERLY CORNER OF
THAT LAND GRANTED TO THE CITY OF ENCINITAS FOR PUBLIC STREET PER INSTRUMENT RECORDED
NOVEMBER 25, 1998 AS DOCUMENT NO. 1998-0727204, OFFICIAL RECORDS; THENCE CONTINUING
SOUTH 9'22'06" WEST, ALONG THE WESTERLY LINE OF SAID LAND, ,31.79 FEET TO THE BEGINNING
OF A NON-TANGENT 82.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND BEARING SOUTH
80'59'55" EAST FROM THE RADIUS OF SAID CURVE; THENCE SOUTHWESTERLY, ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 110'4,3'40" A DISTANCE OF 158.47 FEET; THENCE
TANGENT TO SAID CURVE NORTH 59'56'15" WEST 198.1`3 FEET, ALONG THE NORTHERLY LINE OF SAID
LAND, TO A POINT LYING IN THE EASTERLY SIDELINE OF "C" STREET, AS SHOWN ON MAP NO. `326
COLONY OF OLIVENHAIN, WHICH BEARS SOUTH 59°56'15'' EAST 41.`37 FEET FROM THE INTERSECTION
OF THE CENTERLINES OF "C" AND "14TH" STREETS AS SHOWN ON SAID MAP OF COLONY OF OLIVEN-
HAIN; .THENCE NORTH 15'18'54" EAST, ALONG SAID SIDELINE, 11.21 FEET; THENCE, DEPARTING SAID
SIDELINE, SOUTH 61'45'10" EAST 205.79 FEET TO THE BEGINNING OF A TANGENT 57.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 108'52'44", A DISTANCE OF 108.`32 FEET; THENCE TANGENT TO SAID CURVE NORTH 9'22'
06" EAST 2.36.6`3 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID QUITCLAIMED LAND; THENCE
NORTH 87'06'25" EAST, ALONG SAID NORTHERLY LINE, 25.58 FEET TO THE POINT OF BEGINNING.
CONTAINING 11295 SQUARE FEET, 0.259 ACRES.
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SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded February
17, 1999, as File/Page No. 1999-0094242 and Deed of Trust recorded February 17, 1999,
as File/Page No. 1999-0094243, 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 BENEFICIARY OR TRUSTEE
Title: '---ff--~L/.L~-'~_.~ J. ~. Title:e;,c~_~2c~s' vP
/
lJ
~ - ~ 2-08-02
DATED DATED
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.
Leroy Bodas, PE
Director of Engineering Services
City of Encinitas
ALL~.puRPOSE ACKNOWLEI~MENT
State of Califomia
County of San Diego
On / before me,
~ ~rsonally known to me - OR - ~proved to me on the basis of satisfactory
evidence to be thc person(s) whose name(s)
is/are subscribed to the wkhin instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
ikJJ ~N~~__. ! person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, h could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
[] PARTNER(S)
[] ATTORNEY-IN-FACT NUMBER OF PAGES
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR DATE OF DOCUMENT
[] OTHER:
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT ~
NAME OF PERSON(S) OR ENTITY(IE~ ) OF
SIGNER
APA 5/99 VALLEY-SIERRA, 800-362-3369
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeare, :~.¢' ~
: proved to me on the basis of satisfa~o~
evidence
to be the person(~whose name(~
~-- ~.-- -- --~.~, ..,-.,....,~'~D~v-- -- -- subscribed to the within instrumeDt and
~r-z ~'~'~':'~~,~omm~z~i~. ~ ]~24~ ~ acknowlod~od to mo that ho/s~ecutod
lbo same in his/h~ auth~zed~
I~¢~ No~Pubhc-Ca,,f~ I capacity(i~ and that by his/~
J~~i~19 ~J signature~n the instrument the ~erson~or /
the entity upon beh~ ~q~'~on~
..... acted, executed the i~t~ent.
,W~TNESS gv .~~ -~,
OPTIONAL
Though the information below is not required by law, it may prove valuable to ~ersons relying on the document and could prevent
fraudulent ~arnoval and reatlachment of this form to another document.
Description of Attached Documl~nt ,? /
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[] Individual Top of thumb here
[] Corporate Officer -- 'title(s):
[] Partner-- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer is Representing: