1994-85216 !
RECORDING REQUESTED BY'
07-FEB-1994 12:01 PM~
~ ' ' as S~N DIEGO COUNTY RECORDER S OFFICE
505 S. ~olean Ave. ~ ' ~NNETTE EU~NS, COUNTY RECORDER
~nelnitas, ~ 920~ ~90 RF: 3.00 FEES:
] AP 1. O0
OF ATTORNEY
SPECIAL
KNOW ALL MEN BY THESE PRESENTS: That I, Samuel E Melendres located at y16 Corrida
Covina, Ca 91724 phone 818 532 0482
, the undersigned
(jointly and severally if more than one, hereinafter collectively "principal"), hereby make, constitute and
appoint Wilhelmina Billmeyer, miater,
principal's true and lawful attorney to act for principal and in principal's name, place and stead and for
principal's use and benefit:
(a) To .is Subordination Agreement Ker Easement I'or City Highway per publie R/~
Document required for 92-189 min ae trustee and holder ef 2nd mortgage
ef property located at 502 l~anche Santa Fo,legal northerly 129 ft of
Tract 35 of Colony of Olivenhain, Calif
Principal hereby grants to said attorney in tact full power and authority to do and perform each and every act
and thing which may be necessary, or convenient in connection with any of the foregoing, as fully, to all
intents and purposes, as pr ncipal might or could do if personally present, hereby ratifying and confirming
all that our said attorney in fact shall lawfully do or cause to be done by authority hereof.
Wherever the context so requires, the singular number 'includes the plural.
WITNESS my hand this day of ,..~..~..- /') / , , ,19.__
COUNTYOF ~ ~~ ss.
on ~.~,~.~ o
betore me.
personally appeared
personally known to me (or proved to me on the basis of sabstacto~ evidence) to
be the person(s) whose name(s) is/are subscribed to lhe within JnstmmeM and
acknowledged Io me that he/she/they executed ~e same in his/her/their author-
ized capaci~(ies), and that by his/her/their signature(s) on the instrument the
~n(~, or the ~ti~ upon beh~f ol which the person(s) acted, executed ~e
instmmem.
WITNESS my hand and official seal.
fJ ~ignamre ~ (Seal)
~)WER OF ATTORNEY-SPECIAL
~ 1993 WOLCOTTS FORMS
:' " 'Recording RequeId By: ~DOC tt 1974-0085216
"~'?-FEB- I F'~4 12:06 PM
City of Encinitas
When Recorded Mail to: S~]~ D]EGD COUNTY RECORDER'S OFFICE
city Engineer ~NET~E EU~MS, ~OLfNT RE~RkR
City of Encinitas FEES: 0.00
505 south vulcan Avenue ~
Encinitas, CA 92024 ~
FOR THE BENEFIT OF THE CITY
SPACE ABOVE FOR RECORDER'S USE ONLY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel Project No.: 3615 VA/92-189
No. ?~-~ql-~q W.O. No.: N/A
Cathy Lynn Horton, Allen Billmeyer, and Wilhelmina Billmeyer
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
TF/03/COV3-42 (03-31-93) 1
'' The Grantor hereby further grants to the CITY OF ENCINITAS the
.. privilege and rig~to extend drainage attunes and excavation
and embankment el~e beyond the limits of~ 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 elopes and/or drainage structures or portions thereof, when in
the written opinion of the City Engineer of Grantee, the necessity
~herefore is removed by substituting other PrOtection, support
and/or drainage facility, provided such substitution is first
approved An writing by the City Engineer.
The Grantor hereby further grants to Grantee all trees, growths
(growing or ~at 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 an9 all damages to Grantor's remaining prOperty
contiguous to the r~ght-of-way hereby c~nveyed by reason of the
,icc&riCh, construction, landscaping or ma~ntemance of said h~ghway.
Dated ~is ~ ~ .. da~ of ,%w~*~/~, 19~
Lynn Hor 0n '"
Wilhelmina Billmeyer
· igna re of Own.r'. J'b. ncta i..d.
IAttach 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 July 27, 1987 that the City of Encinitas consents to the
making of the foregoing Right-of-Way Dedication and consents to
- By.
City Manager
TF/03/COV3-421wp51 (03-31-93) 2
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded 8-13-79 as File/Page No. 79-qq7~4 subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter)
required as condition of approval of 92-189 MIN ;
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° ~ ~~-~bq ~/~)~
·. '
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 July 27, 1987 that the City of Encinitas consents to the
making of the foregoing Subordination Agreement, and consents to
recordation thereof by its duly authorized officer.
. R, City Manager
TF/O3/COV3-421wpS1 (03-31-93) 3
744
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTYOF ~,<~J '~'~/~ )
On /O/,/DA~ E/~.,,'~ before me, J.
NAME, TITLE OF OFFICER- E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared, /.~///./~-.-~ ~./~. ~.4-~ /~'/,, ~.
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 me that he/she/they executed the same in his/her/their authorized
cap_~,!y(ies), and that by his/her/their 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. ¥ ,
~- x~;~,. R. J, McNatt
0 ~-,,~,~ Comm. ~988998
NOTARY PUBLIC SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT ~,...~,,t~"o/,~./~.~ ~
DATE OF DOCUMENT/~)//:~/? '~ NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
SUBO DIS T ON C E ENTO 745
h~IEREAS, those parties concerned, desire to have the Deed of Trust
recorded 2-23-78 as File/Page NO. 78-071170 subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter)
required as condition of approval of 92-189 MIN ;
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.
DATED BENEFICIARY OR TRUSTEE
By: Michael V. Baechle
Title: Vice President
DATED ~_B~NEFICIARY OR TRusTEE
By: tal~ra 5. Cbarpe~tier
Title: Assistant Secretary
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 July 27, 1987 that the City of Encinitas consents to the
making of the foregoing Subordination Agreement, and consents to
recordation thereof by its duly authorized officer.
Date By ~~, City Manager)/~
TF/03/COV3-421wp51 (03-31-93) 3
STATE OF MISSOURI
)ss.
COUNTY OF ST. LOUIS
On November 22, 1993 before me, Sandy Condellire,personally
appeared Michael V. Baechle. Vice President 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 me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their 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.
Signatur ' ' ~
S~NDV CO~!05LLIRE
N0~RY PU~Li~--?I~ .!'~ CF MISSOURI
ST LOu;~ CQdUTY
MY COMMISS[0N ~RES N~. 19,1994
(This area for official notarial seal)
STATE OF MISSOURI
)SS.
COUNTY OF ST. LOUIS
On November 22, 1993 before me, Sandy Condellire ,_personally
appeared Laura E. Charpentier , Assistant Secretary 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 me that he/she/they
executed the same in his/her/their authorized capacity(ies), and
that by his/her/their 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.
Signatur~~/~
/
N0~R¥~USLi0--STA~0~MISSOURI (This area for official notarial seal)
ST LOLii~
MY COMMI$S!ON ~FJ;i~S NO~. ~§, 1~
747
EXHIBIT "A"
THAT PORTION OF THE EASTERLY ONE-HALF OF "C" STREET, AS SAID STREET
WAS VACATED AND CLOSED TO PUBLIC USE BY AN ORDER OF THE BOARD OF
SUPERVISORS OF SAN DIEGO COUNTY ON MARCH 4, 1915, A COPY OF SAID
ORDER RECORDED IN BOOK 36, PAGE 123 OF SUPERVISORS RECORDS, COLONY
OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 8, 1885, CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF BLOCK 35 OF SAID MAP;
THENCE NORTH 73°12'12'' WEST ALONG THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID BLOCK 40.00 FEET TO THE CENTERLINE OF SAID
"C" STREET; THENCE NORTH 15°03'50'' EAST ALONG SAID CENTERLINE 40.02
FEET TO THE INTERSECTION WITH THE CENTERLINE OF WHISPERWIND DRIVE,
FORMERLY 8TH STREET; THENCE SOUTH 73° 12'12" EAST ALONG THE
CENTERLINE OF SAID WHISPERWIND DRIVE 40.00 FEET; THENCE SOUTH 15°
03'50" WEST ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE
OF SAID BLOCK 40.02 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 13.00 FEET MEASURED AT RIGHT
ANGLE THERETO SAID WESTERLY PROLONGATION OF THE NORTHERLY LINE OF
BLOCK 35.
ALL THIS SHOWN FOR CLARITY ON EXHIBIT "B" ATTACHED, THEREBYMADE A
PART OF THIS BY REFERENCE.
~teOt Ca~i fornia } ~ C~IMED BY SI~ER
~un~ of San Di ego T 4 ~ ~INDIVIDUAL(S)
~ COR~TE
On 7~O~ beforeme, Susan Sha~uck, Notary Publ ic OFFICERiS)__
~ PARTNER(S) '
~rsonally
Known
to
me - OR - ~ prove~ to me on the b~is ot ~tisfa~ory evide~
to be the pemon(s) w~ose nares(s) i~ ~ SUaSCR~B~NO W~ESS
subscrib~ to the within instruct and ac- ~ GUARDIA~ONSERVATOR
knowledg~ to me that he~x~ut~ ~ OTHER:
the same in his/her~autho~ ~
~ / caaacity(ies), and that by
:~ o~'~c~,, s~ ~ s~na~r~0n ~e ins~ument the pe~
~~ ortbee~u~n~half~whichthe~on(s) SIGNER IS REPRESE~ING:
{~ M~}(;~y'~'1995~ ~ed, ex.ute, the instrument.
......... W~ness my hand and offi~l seal,
THISOERTIFIOATE TitleorTy~of~cum., E¢~E~¢~? /~ ~
MUST BE A~ACHEO Numar of Pag~ ~ ~-,~ ~ fs Data of Document
TO THE DOOUME~
DESCRIBED AT R~: $~n~(s) ~her Than Nam~ A~ ~-~ ~,~
.... Slate of Cali¢o~a . · )
or
~r~o~ail~ k~o~n Io mc (or provcd to mc on thc b~lis o¢ satlsCaCtory cvldcncc
thc Pc~oa(s) whosc n~mc(s) iS/arc
acka~wl?lcd Io ~c lhal hc/lhc I subscribcd Io thc
· capacJ/y(mcs~ a.a., ...... / hey executed thc Same in wi[Mnhis/hcr/IhcirinS/rumcnl; ".
thc cntlty Upon behalf oF which ~hc person(s)
W[TN~sS
~~~~mY ~d and official seal. ~ ..... · . .
a ~k~ Nofo~ P~ic --
~ ~..CLOS ANGE~s COUp-