2003-145137 DO0 0o3-oi45i37
)
CityofEncinitas ) FEB 07, 2003
)
When Recorded Mail to: ) OFFICIAL
City Clerk ) BAN DIEGO OOLINTY RECORDER'S OFFICE
GE~GORY J. SMITH, COUNTY RECORDER
City of Encinitas ) FEES: 0.00
505 South Vulcan Avenue ) OC: NA
Encinitas, CA 92024 )
)
T.E BEN = OF T.E C,T¥ ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
)SPACE ABO¥
EASEMENT FOR PEDESTRIAN ACCESS
Assessor's Parcel No. Project No.: 7435-G
262-160-12 W.O.No.:98-123 MUP/DRYCDP
J1LL C. LENTZ, AND INDIVIDUAL
hereinafter called GRANTOR(S), do(es) 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
pedestrian access 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 pedestrian
access. 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.
98-123 MANCHESTER 7435 SOLEL.jill lentzDoc 3.
14742
~The Grantor hereby further gra.~ to thc Grantee all trees, ~row~hs, (gro~g or that may hereafter
grow), and road building materials within said right-of-way, including thc right to take water,
together with the right to use the same in such a 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/herself, 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.
Dated this '~] day o~--"'~ , 200~
O~ignature: '~ OWNER's Signature:
Print Owner's Name: Print Owner's Name:
Signature of Owners to be notarized.
Attach the appropriate acknowledgments.
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: ~.~
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
98-123 MANCHESTER 7435 SOLEL.jill len,tzDoc 2
:14743
· ~kLL-PURPOSE ACKNOWLED MENT
Slate of California ~
SS.
County ef San Diego
Neal Ganz
I NOTARy ~
personally appeared ',-.~/// ,~, ~'t~ s,c. Nms,
[] personally known to me - OR - Xproved 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(les), and that by his/her/their
signatures(s) on the instrument the person(s),
or the entity upon behalf of which the
· ~ COMM. NO. 130¢68~ ": person(s) acted, executed the instrument.
· \'~i~r/ SAN D~EGO COU~my___ !
WITNESS my hand and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRI~,CIPAL) 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 [
NAM I:: O1: PERSON(Si OR ENTITY(IF-SI OF
SIGNER
APA 5/99 VALLEY-SIERRA. 8(Xl-3~2*3M,9
14744
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded
(dd/mm/yy)_ ., as File/Page No. and modification of Deed of
Trust recorded , as File/Page No. _, subordinated to Easement
for City Pedestrian Access 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 it' said DOCUMENT had been executed prior to
said Deed of Trust.
BENEFICIARY or TRUSTEE BENEFICIARY or TRUSTEE
BY: BY:
Title: Title:
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.
DATE: BY:
Peter Cota-Robles
Director of Engineering Services
City of Encinims
98-123 MANCHESTER 7435 SOLEL.jill lentzDoc 3
, , ,' ~ Z] 7 4 5 EXWlT "A"
LEGAL DESCRIPTION
A PORTION OF PARCEL 1 OF PARCEL MAP NO. 11058, 1N THE CITY OF SOLANA
BEACH, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, RECORDED MARCH 5, 1981 1N THE COUNTY RECORDERS OFFICE OF
SA1D COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, SAID POINT BEARS N 89'25'36" W (RECORD
N 89'25'29" W PER SAID PARCEL MAP) 63.00 FEET FROM THE SOUTHEAST CORNER
OF SAID SECTION 23, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF SAID
PARCEL 1; THENCE N 89'25'36" W 8.76 FEET ALONG THE SOUTHERLY LINE OF SAID
SECTION 23 AND PARCEL 1; THENCE N 33'19'31" E 16.22 FEET TO THE EASTERLY
LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE S 00°39'31" W
(RECORD S 0'39'39" W PER SAID PARCEL MAP) 13.64 FEET TO THE POINT OF
BEGINNING.
CONTAINS: 0.001 ACRES
~~.¢~ P.L.S. 4307 DATED
1 ofl
,' 14 7 4 6 ~,T "B-
~ Z
I'M I 1 0Sa :"':"'
PARCEL 2 PARCEL I I ~, ~
-.I
° ° SECTION 23 24
T 3z.z.
L _,~__ ~.~ f - 63.00. __~....
(N89'25'36" W 621.54') SECTION 26 25
I
>
OD rY
T2 N 33'19'31" E 16.22'
S 00'39'31" W 13.64 (::)=o~= Li_I
Z
~ ~ ~ INDICATES LIMITS OF
~ PEDESTRIAN EASEMENT
( ) ~ INDICATES RECORD DATA ~)~ I
PER ROS 15896
[ :] ~ ,ND,O^TES RECORO DATA
PER PM 11058
(S 89'25'42" E 650.83')
A S 89'25'35" E 650.88'
V'
TEMPLE SOLEL
PEDESTRIAN WALK EASEMENT
BURKETT AND WONG ENG. I ENCINITAS,CA
SAN DIEGO, CA 92103 I SCALE: 1' = 20' I JOB~ 7499S I DATE: 10/13/2002