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1998-643672Reoor, ing ~e, '~~ ~ 1998 l~ O0~ --06~3672 City of Encinitas ~ .~ P~ When Recorded Mail to: ~FICI~ City of Encinitas 505 South Vulcan Avenue ~: Encinitas, CA 92024 ) SPACE ~O~ ~o. 2~-~-1~ ~.0. ~o.= Rob~rt L. Never and Gillian Meyer, Husband ~nd Wife as joint tenants 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 EXHIBITS "A and B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, ~054 1 1445 The Grantor further grants to the OF ENCINITAS the privilege and right to extend draina~ structures and excavation agd embankment slopes ~eyond the limits of .the here~n 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 ri-~ ~- --~-~- ~ 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. 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 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 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 '9 day of _~_~, 19~ Signature of Owners to be notarized. Attach 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 November 9, 1994 that the City of Encinitas consents to the making of the foregoing Right-of-Way Dedication and consents to recordation thereof by its dul~ ~uthor,%ze~ of[~erf ~ ~'1~' b. A-rch~bAld ' Director of Engineering Services City of Encinitas cov4054 2 California All-purpose Acknowledgment State of California County of San Diego On ~ ~'ar&-'ag~g 1998 before me, Roger DePuy, Notary Public, personally appeared ~-~.,,.,v /v/ev~~ ~t ;Gs~*r ~m~s) of Si~s)] [Name(s) of Signer(s)] FI personally known to me ~ 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 acknowledge 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 insmmaent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY SEAL SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded March 20, 1998 as File/Page No. 1998-0'151051 subordinated to Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter) required as condition of approval of 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. WASHINGTON MUTUAL BANK, FA DATED BENEFICIARY OR TRUSTEE Name: Patricia Beardsley Title: Vice President WASHINGTON MUTUAL BANK, FA DATED BENEFICIARY OR TRUSTEE Name: Karen Wise Title: Assistant Secretary Loan No. 9159989194 Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate acknowledgment. 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 consents to the making of the foregoing Subordination Agreement, and consents to recordation., thereof by its duly authorized officer. ~ ~ ~ Date I~ -. "~,"~.- ~ ~ By , Alan D. Archibald Director of Engineering Services City of Encinitas Loan No. 9159989194 File No. STATE OF CALIFORNIA § COUNTY OF SAN JOAQUIN § On ~-//~ ~/ , before me, Alicia Oliveira , the undersigned Notary Public, in and for said County and State, personally appeared Patricia Beardsley, Vice President and Karen Wise, Assistant Secretary personally known to me (or proved to me on the basis of satisfactoryevidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by 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. ~T~...~-~ "A~i~i~,-~V~i~.AA ~  0~ COMM. #.~3~ ~ ~/~ 0~ ~"O TAR' PUBLIC-C AL IFOR"~ bJ 3~ SAN JOAQ~N COUNW 0 Nota~ Public ~ ........ ~ (This area for official notarial seal) EASEMENT TO THE CITY OF ENCINITAS FOR STREET PURPOSES LEGAL DESCRIPTION THE WESTERLY 7.00 FEET, MEASURED AT RIGHT ANGLES, OF LOT 18 IN BLOCK 2 OF AVACADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALI]~ORNIA , ACCORDING TO MAP NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TO BE KNOW AS ORPHEUS AVENUE AREA BASED ON RECORD DATA: 841.96 SQFT. SEE EXHIBIT B FOR PLAT MAP IEXHIBIT A I I'EXHIBIT BI