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1987-341437RECORDED REQUEST OF ~' 6 0 0 DEPT, GENERAL SERVICES R~SOLUTION NO. 87-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFO~IA ACCEPTING EASEMENT FOR PUBLIC HIGhlY ~CATED AT PROPERTY DESIGNATED AS[ ASSESSOR'S PARCEL NO. 254-242-09 ~CATED AT 138 W. G~UCUS ST., LEUCADIA BE IT RESOLVED by the City Council of the City of Encinitas, California, that the following easement for public highway offered by Jay S. Kaufman and Anna C. Kaufman, husband and wife, Jonathon G. Kaufman, a single man, and Jonathon D. Kaufman, a single man, is accepted: The Southerly 10.00 feet of Lot 16 in Block 5 of South Coast Park No. 2, in the City of Encinitas, County of San Diego, State of California, according to map thereof No. 1859, filed in the office of the County Recorder of said County. BE IT FURTHER RESOLVED that the City Clerk is authorized to act on behalf of the City in the above described transaction. PASSED AND ADOPTED this 8th day of June , 1987, by the following vote, to wit: AYES: Gaines, Shea, Luke, Omsted, Steel NAYS: None ABSENT: City ~f Encinitas, California ATTEST: I, E. JANE POOL, City Clerk of the City of Enoinitas, California do hereby oerti'fy E that the above and foregoing is a true ~nd correct copy of the original of this docu- ment on file in my office. In witness where- E. POOL, City Clerk of ihave set my hand and theseal of the City of Encinitas. CRO1-Ros. O0 ~/ City Clerk TH~$ INSTRUMENT TO: 1 I 601 CITY OF ENCINITAS 543,Encinitas Blvd. 1 Suite 109 1 Encinitas, CA 92024 1 1 NO TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S USE ONLY EASEFE:MT FOR PUBLIC HIGHMAY Assessor's Parcel Project: UY3150/Glaucus St No. 254-242-09 W.O. No: TY3150 Parcel No: 86-0542-A Log No: 200-03 JAY S. KAUFMAN and ANNA C. KAUFMAN, husband and wife, JONATHAN G. KAUFMAN, a single man AND JONATHON D. KAUFMAN, a single man hereinafter called GRANTOR(S), do 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, State of California, described as follows: Parcel No. 86-0542-A (11-24-86) (MDT:JA:po) The Southerly 10.00 feet of Lot 16 in Block 5 of SOUTH COAST PARK NO. 2, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of said County. STATE OF~ -~S. County of ~~-~ - 603 On ~}UA~/ /~/ , 19~, before me, the undersigned, a Notary Public in and for said County and State, persohally appeared ~dAFm~ ~. /<~F~m~ proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) i~(are) subscribed to the within instrument and acknowledged that he executed the same. WITNESS my ~and offi~seal. Signature~~~~ ~* .... ~ ' Name (Typed or Printed) (This area for official notarial seal) STATE OF OADIFO~I~ ~ SS. County of ~ On ~c.c~(- ?b , 19 ~ , before me, the undersigned, a Notary Public in and for sail"County and State, personally appeared ~o~A'T~A~ ~' ~u proved to me on the basis of satisfactory evidence, to be the ~rson(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that_he_ executed the same. m ~ SAN DIEGO COUNTY Name (Typed or Printed) ~~ptem~r13~989 (This area for official notarial seal) STATE OF ,CALIFORNIA } ss. COUNTY OF SAN DIEGO On this q~-h day of T'~ I',TT_TAR¥ , in the year 19 NOTARY PUBLIC - CAUFORNIA (or p[oved to me on the basis of satisfactory evidence) to be the person_ whose name_ 15 ~~ executed it. subscribed to the within instrument, and acknowledged to me that WITNESS my hand and official seal. ACKNOWL£DGMENT--~eneral--WolcoU$ Form 2320A--R~v, 5-82 Notary Public in and for said State. · . ~Notary Public in an)~ ~6r said County and State 'WHEN RECORDED, PLEASE ~THrS INSTRUMENT TO: v 604 · CITY OF ENCINITAS 543'Encinitas Blvd. Suite 109 Encinitas, CA 92024 RECORDED REQUEST OF Recorded Request of DEPT. GENERAL SIER~CES Dept. General Services NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT UY3150 Project : GLAUCUS ST. Assessor's Parcel W.O. No. : TY315Q No. 254-242-09 Parcel No. : 86-0542-A Log No. : 200-05 WHEREAS, that certain Deed of Trust between RT£NARn R. RHINF and JOAN E. RHINE. husband and wife , collectively called BENEFICIARY and JAY S. KAUFMAN aqd ANNA C. KAUFMAN~ husband and wife, JONATHAN G. KAUFMAN, a sinole man AND JONATHON D. KAUFMAN~ a single man , collectively called TRUSTOR and WESTERN MUTUAL CORPORATION~ a California corporation , ca)led TRUSTEE and recorded August 3) 1984 , as File/Page No. 84-296763 in the Office of the Recorder in the County of San Diego, State of California; and WHEREAS, said BENEFICIARY is the owner and holder of the note and other evidence of indebtedness for which said Deed of Trust was given for security; and WHEREAS, TRUSTOR Will execute and deliver or has/have executed and delivered to the ~TY QF ENCINITAS County of San Diego, State of California, that certain DDCUMENT(S) for an EASEMENT FOR PUBLIC HIGHWAY which DOCUMENT(S) is set forth hereinafter as follows: -1- W~EN RECORDED, PLEASE MAIL 1. ~-iI~ ~NSTRUMENT TO: 605 ~TY OF ENCINITAS 1 543 Encinitas Blvd. 1 Suite 109 1 ~ncinitas, CA 92024 1 1 NO TRANSFER TAX DUE 1 SPACE ABOVE FOR RECORDER'S USE ONLY EASE~IENT FOR PUBLIC HIGHI~AY Assessor's Parcel Project: UY3150/Glaucus St No. 254-242-09 W.O. No: TY3150 Parcel No: 86-0542-A Log No: 200-03 JAY S. KAUFMAN'and ANNA C. KAUFMAN, husband and wife, JONATHAN G. KAUFMAN, a single man AND JONATHON D. KAUFMAN, a single man hereinafter called GRANTOR(S), do 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, State of California, described as follows: Parcel No. 86-0542-A (11-24-86) (MDT:JA:po) The Southerly 10.00 feet of Lot 16 in Block 5 of SOUTH COAST PARK NO. 2, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1859, filed in the Office of the County Recorder of said County. The Grantor hereby further_grants to, the Coun~ of San Di~_qo the privilege and right to 'extenU drainage structureld excavation and embankment les beyond the limits of the~ here, in described right-of-'~y where required for the constlm~tion and maintenance of said ~o,un~ 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 County and/or District-~ Engineer of Grantee, the necessi~ therefore is removed by substituting other protection, support a.nd/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). 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 necessa~, 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 proper~ contiguous to the .right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highwax. Dated thi~ day of 19 County of ) ss. On , 19 , before me, the undersi§ned, a Nota~ Public in and for said Coun~ and State, personally appeared known to me to be the person whose name subscribed to the within instrument, and acknowled§ed that executed the same. Witness my hand and official seal. Notary.Public in and for said County and State 607 · . WHEREAS, those parties concerned, desire to have said Deed of Trust subordinated ~to said DOCUMENT; NOW, THEREFORE, for valuable consideration, the receipt of which, is hereby acknowl- edged, the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of said DOCLeIENT to the same extent as if said OOCUI~[NT had been executed prior to said Deed of Trust. Dated this 4th day of FebruarYRicH \~ ~/ /' ~q' )g~ 87 STATE OF California County of San Diego 1 SS. On February 4 , 19 87 , before me, the undersigned, a Notary in and for said County and State, personally appeared Richard R. ~Lhine and Joan E. ~J~lne known to me to be the person s whose i!~ s are subscribed to the within instrument, and acknowledged that they executed the same. Witness my hand and offiy ~e~t. ~'"'"'"' ~/~~ LUELLA R. WATROU,~ . ~__~ NOTAP, Y PUBLIC-CALIFORNIA RRfNCIPAJ. ORFIOE IN No~carj/Public in and for said County and State My Cemmi~o~ Exp. N~. 1~, This is to certify that the interest in real P~-tY- conveyed by the foregoing Subordination Agreement to CITY OF ENC~J~xfl~A~S ~ .po]i. tic. al_.co~orati.on, and/or subdivision, is hereby acce ted on oe. na)r.oT City council pursumgjb~-[o authorl~t~--+~-~ ~ ......... P .~ .... , ~ ..... ~ . d the Gr~ntee(s] consent(s) to recordationn ~,,:-c~ uy its Ou)y au:norize~ officer. Dated By