2000-406174· it Recording Request By: 2~7 4 2000-0406,?4
City of Encinitas DOC 2000 4
When Recorded Mail to: AUg O1, 2000
City Clerk ~7ICI~[
City of Encinitas ~N DI£~ ~ ~D[R'~
505 South Vulcan Avenue C~ORY J. ~I~, ~U~Y
Encinitas, CA 92024 FFF~:
FOR THE BENEPIT O~ THE CITY
) SPACE ~OVE FOR RECORDER' S USE ONLY
Assessor's Parcel Project No.:
No. 254-022-01 W.O. No.:
NEPTUNE WEST, LLC, A NEVADA LIMITED LIABILITY COMPANY
hereinafter called GR3~NTOR(S), do(es) hereby grant, convey and
dedicate to the CITY OF ENCINITAS, State of California,
hereinafter called GR3LNTEE, 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,
cov4054 1
2675
The Grantor further grants to OF ENCINITAS 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 CITY 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 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.
Signature of Owner? to be notarized. I
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 censents to
I ~ Alan D. Archibald
Director of Engineering Services
City of Encinitas
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WHEREAS, those parties concerned, desire to have the Deed of Trus~
recorded 6-22-00 as File/Page No. 2000-0328911 subordinated to
Easement for City Highway for PUBLIC R/W ("DOCUMENT,, hereinafter)
required as condition of approval of GRADING AND BUILDING PERMITS ;
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.
First National Bank
June 22, 2000 %/~'~AR~~'"E~
DATED BENEFICI E
DATED BENEFICIARY OR TRUSTEE
By:
Title:
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
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 By
Alan D. Archibald
Director of Engineering Services
City of Encinitas
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· CALIFORNIA AL RPOSE ACKNOWLEDGMENT
State of ~ \6 'vr ~ ~,~ O~
County of (' '~V~.
Name and ~tle of Offi~r (e.g. "Jane Doe, No~ PubliC) ~
personally appear~'~ ~R~(:~ ~ ~ ~(~)l~C~j
Name(s) of Signe~s)
~ personally known to me -OR - ~ proved to me on the basis of satisfa~o~ 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 capaci~(ies),
and that by his/hefltheir signature(s) on the instrument the
pemon(s), or the enti~ upon behalf of which the pemon(s)
a~, execut~ the instrument.
WITNESS my hand and official seal.
Signature of Nota~ Public
OPTIONAL
~ough the/n~ation ~elow is not mqui~ by law, it may ~ valuable to 'pemons ~lyi~ on the d~ument ant ~uld pmvent
~udulent ~movsl and ma~chment of this ~ to ano~er ~cument.
D~cdption of A~ched Document
~e or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capaci~(ies) Claimed by Signer (s)
Signe~s Name: Signe~s Name:
~ Individual ~ individual
~ Co~omte Officer ~ Corporate O~cer
~e(s): Title(s):
~ Pa~ner - ~ Limited ~ General ~ Pa~ner- ~ Limited ~ General
~ A~omey-[n-Fact ~ A~omey-in-Fa~
~ Trustee ~ T~s~ee
~ Guardian or Conse~ator ~ Guardian or Conse~ator
~ Other: ~ Othe~
Signer is Representing: Signer is Representing:
. CALIFORNIA AL RPOSE ACKNOWLEDGMENT ~,6 7 8
S,ateof
Date Name and ~tle of Offi~r (e.g. "Jane Doe. N~a~ P~bli~')
emonaiiy known to me -OR - ~ proved to me on the basis of satisfa~o~ evidence
to
be
the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they
ex~uted the same in his/her/their authorized capaci~(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the enti~ upon behalf of which the pemon(s)
- a~, executed the inst~ment.
~ WITNESS my hand and official seal~
Signa~re of Nota~ Public
OPTIONAL
~ough tbe in~etion be~w is not ~qui~ by law. it may ~ valuable to pe~n~ relying on the d~ument a~ ~uld prevent
~udulent mmoval and ma~achment of this ~ to ano~er document.
Description of A~ched Document
~tJe or Type of Document:
Document Date: Number of Pages:
Signer(s) Other ~an Named Above:
Capaci~(ies) Claimed by SIgne~ (s)
Signers Name: Signers Name:
~ ~ndividual ~ Individual
~ Co.orate Officer ~ Corporate Officer
Tk~e(s): ~tle(s):
~ Pa~ner - ~ Limited ~ General ~ Pa~ner- ~ Limited ~ General
~ AEomey-in-Fact ~ AEomey-in-Fact
~ Trustee ~ T~stee
~ Guardian or Conse~ator ~ Guardian or Conse~ator
~ O~he~ ~ Othe~
Signer is Representing: Signer is Representing:
EXHIBIT "A"
THE NORTHERLY 8.00 FEET OF LOT 11, IN BLOCK "G" OF SOUTH COAST PARK NO. 5,
1N THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 2078, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 21, 1927. TOGETHER WITH THAT
PORTION OF SAID LOT ! 1 LYINGNORTHWESTERLY OF A 20.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO BOTH THE
SOUTHERLY LINE OF SAID NORTHERLY 8.00 FEET AND THE WESTERLY LINE OF SAID
LOT ! 1.
JORGE H. PALACIOS, R.C.E. 32031
· :',' EXHIBIT "B" 18 0
MAP ~x~o~ ~07~
1B
m GRAND VIE W ~ S TREE T
f-
o OLD LOT LINE~g
o
~~ MAP 2075
~ cOA~ f - 1
o NE~ LO~ LINE
m / PARCEL 2
~ ~ ~ ~20.00'
2
~0'
~ ~ ~ ~ ~ ~ ~, EXHIBIT "B"
GRANDVIEW STREET EASEMENT PLAT~.~.~.:~-o~-o,