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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