1998-767204 1996-0767204
~CAGO l~T~ CO.
Rec6rding Requested By~
City of Encinitas 1010 D0~ ~ 1998--0767204
When Recorded Mail to: NC]K; 25 , _-[~C~ ~: ~c~ ~
City Clerk
City of Encinitas ~FI~[~t ~[~0~
505 South Vulcan Avenue S~ D[E6~ ~[¥ ~[~[~'S ~[F[~[
Encinitas, CA 92024 [~[~¥ 3. ~[TH, ~BJi, ITY ~K~
FEES: 0.00
FOR THE BENEFIT OF THE CITY ~: ~
SPACE ABOVE FOR REC~ER'S US~ ONLY
GRAIgT DEED FOR CITY }{IGI{WAY
Assessor's Parcel No. Project No.: 5275-FM
264-151-49 W.O. No.: TM 91-198
hereinafter called GRAIqTOR(S), do(es) hereby grant, convey and
dedicate in fee title 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" & "B" ATTACHED HERETO AND MADE A P~LRT
HEREOF BY THIS REFERENCE,
1011
T~e 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 [~[~ day of °~~F~''r'~¢~' , 19 ~g
ISignature of Owners to be notarized. I
IAttach the appropriate acknowledgments. I
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 duly authorized officer.
Date: '[/~[~ By: ~~~
Alan D Archibald
Director of Engineering Services
City of Encinitas
grant.hwy 2-09-98 bak 2
1012
CALIFORNIA ALL-PURP~ ACKNOWLEDGMENT
State of Cali fornia
County of San Diego
On September 15, 1998 beforeme, Dale Slack, Notary
Dale Name and ldle of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared David G. Hiller
Name(s) of Signer(s)
I~ personally known to me
[] proved to me on the basis of satisfactory evidence
to be the person~) whose name~) is/~'Y~ subscribed to the
within instrument and acknowledged to me that he/~F~)~hvevy
executed the same in his/tY~')~N~[ authorized capacity()~s),
and that by his/I-~'~./',ffY~r signature~) on the instrument the
person~), or the entity upon behalf of which the person(U)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
[] Individual [] Individual
[] Corporate Officer [] Corporate Officer
Title(s): Title(s):
[] Partner-- [] Limited [] General [] Partner-- [] Limited [] General
[] Attorney-in-Fact [] Attorney-in-Fact
[] Trustee [] Trustee
[] Guardian or Conservator ~ [] Guardian or Conservator ~
[] Other: Top of thumb here [] Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
1013
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded DECEMBER 13, 1996, as File/Page No. 1996-0623687 and
modification of Deed of Trust recorded JULY 23, 1997, as File/Page
No. 1997-0349219, subordinated to Easement for City Highway 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 if said DOCUMENT had been executed
prior to said Deed of Trust.
DATED BENEFICI~Y or TRUSTEE
DATED BENEFICIARY or TRUSTEE
BY:
Title:
I Signature of BENEFICIARY or TRUSTEE must I
[ be notarized. Attach the appropriate I
I 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 consents to
the making of the foregoing Subordination Agreement and consents
to recordation thereof by its duly authorized officer.
I ~ Alan D. Archibald
Director of Engineering Services
City of Encinitas
grant.hwy 2-09-98 bak 3
PURPOOACKNOWLEDGMENT
CALIFORNIA. ALL-
personally
appeared
Name(s) of Signer(s)
~ personally known to me
~ proved to me on the basis of satisfacto~ evidence
to be the person~ whose name~) is/~ subscribed to the
within instrument and acknowledged to me that he/~
executed the same in his/~r/thc~r authorized capaci~(~,
and that by his/~r signature~ on the instrument the
person~, or the entity upon behalf of which the person~
acted, executed the instrument,
WITNESS my hand and official seal,
Signature of gota~ Public
OPTIONAL
Though the information below is not required by law, it may p~ve valuable to pe~ons relying on the document and could prevent
fraudulent removal and rea~achment of this form to another document.
Description of A~ached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
~ Individual ~ Individual
~ Corporate Officer ~ Corporate Officer
~tle(s): Title(s):
~ Padner-- ~ Limited ~ General ~ PaAner-- ~ Limited ~ General
~ AEorney-in-Fact ~ A~omey-in-Fact
~ Trustee ~ Trustee
~ Guardian or Conse~ator ~ Guardian or Conse~ator
~ Other: Top of thumb here ~ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
1015
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: "~ }~ L~-
Commission Number: I 1 \ C~i~)(~ Date Commission Expires:
County Where Bond is Filed: S/~-~
Manufacturer or Vendor Number:
(Located on both sides of the notary seal border)
~ VO~- C~j~Firm Name~l~~(if applicable)
Place of Execution: ~ ~J~ Date:
Rec. Form #RIO(Rev. 7/96)
1016
EXHIBIT A
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 14489 F~LED ~N THE OFF~CE OF THE COUNTY
RECORDER OF SAN D~EGO COUNTY ON SEPTEMBER 30, 1986 AS FILE NO. 86-43¢683 OF OFFi-
CiAL RECORDS, C~TY OF ENC~N~TAS, COUNTY OF SAN D~EGO, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY BOUNDARY CORNER OF' SAID PARCEL 2; THENCE SOUTH
61' 45' 10" EAST, ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID PARCEL, 239.3? FEET
TO THE BEGINNING OF A TANGENT 78.00 FOOT RADIUS CURVE CONCAVE NORTHV~STERLY;
THENCE DEPARTING SA~D L~NE, ALONG THE ARC OF SA~D CURVE, THROUGH A CENTRAL ANGLE
OF 108' 52' 44" A D~STANCE OF 148.22 FEET; THENCE TANGENT TO SAID CURVE NORTH 9' 22'
06" EAST 81.42 FEET TO THE NORTHERLY BOUNDARY LINE OF SA~D PARCEL; THENCE ALONG
SA~D UNE SOUTH 87' 06' 57" ~VEST 30.70 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SA~D
PARCEL 2; THENCE SOUTH 9' 22' 06" WEST ALONG SA~D BOUNDARY 31.78 FEET TO THE BEGIN-
lNG POINT OF A NON-TANGENT 82.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
DIAL LINE BEARS SOUTH 80' 39' .55" EAST FROM THE RADIUS POINT OF SA~D CURVE; THENCE
ALONG SA~D BOUNDARY AND ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
110' 43' 40" A DISTANCE OF 158.4.7 FEET; THENCE TANGENT TO SAID CURVE NORTH 59' 56' 15"
WEST, ALONG SAID BOUNDARY, 198.13 FEET TO THE EASTERLY SIDELINE OF "C" STREET; THENCE
ALONG SAID SIDELINE SOUTH 15' 18' 34." WEST 32.91 FEET TO THE POINT OF BEGINNING.
CONTAINING 144.99 SQUARE FEET, 0.333 ACRES.
i L.S. 5871
EXPIRES
~~5~ ' 871 ~ ' ~ _"~-----.--~. _,-C~
" " EXHIBIT B 101~~
MAP NO. 848 pA~EL 1
~ 0~5.oo')
~~',,, ssT'°s'sY"'w~7o.oo ..... " ~xg~ss
,,..
/
~~ SCAUE: ~"=~oo' ~ ~
NOTE~
DATA TABLE ~AREA DESCRIBED IN EXHIBIT A.
NO. DELTA/BEARING LENGTH RADIUS ~AN IRREVOCABLE OFFER TO DEDICA~ REAL PROPERTY
FOR A PUBLIC HIGHWAY TO ~E COUNTY OF SAN
~ 6=108'52'44" 148.22' 78.00' DIEGO PER DOC. REC. SEPTEMBER 24, 1979 AS FILE
N0.79-~98474, 0.~.
~ NOg'22'O6"E 81.42' ~PUBLIC HIGHWAY GRAN~D TO ~E CI~ OF ENCINITAS
~ S87'06'57"W 50.70' PER DOC. NO. 1998-0507005, O.R., REC. 8-11-1998.
BEA~INGS, DISTANCES AND CU~ DATA SHO~ IN
(S86'51'54"W) (50.70') PAREN~ESlS 0 ARE PER PARCEL MAP NO. 14489.
~ S09'22'06"W 3t.78' BASIS OF BEA~INGS IS NAD 85.
(~=110'42'01") (82.00') 158.43' [[~[ L.~ 587~
~. ~ EXPIRES
(S14'45'28"W) (32.92')~ GARY ~M~GILL, L.~ 5871 ~