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1998-507005' eo?rdi .g .eque=ed OOC 1998--0507005 City of Encinitas AUg 11, 1998 3: 59 When Recorded Mail to: OFFICIAL SAN DIEGO CO~TY REC~DER'S OFFICE City Clesk ' l G~GORY ,. SMITH, C~TY REORDER Ci:T o~ ~ncini~as FEES: 0.00 505 South V~lc~n Avenue 0~: Encinitas, ~ 92024 WAYS: 2 ) ~PACE ~O~ FOR R O~ DE~ FOR CI~ HI--AY ~ 88-038 Assessor's Parcel Project No.: No. 264-430-04 W.O. No.: 3035 FM OLIVEN}{AIN ESTATESt INC.~ A FLORIDA CORPOR%TION hereinafter called GRANTOR(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" ATTACHED HERETO D~ND MADE A PART HEREOF BY THIS REFERENCE, grant.hwy 3-22-~6 bak 1 858 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 1~'"~ day of ~0t~o~h , 19_~ o 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 consents to the making of the foregoing Right-of-Way Dedication and consents to recordation thereof by its duly authorized officer. Alan D. Archibald Director of Engineering Services City of Encinitas grant.hwy 3-22-96 bak 2 859 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~'~/"~ '~/~- ~ b / ss. Name(s) of Signer(s) vOnally known to me ed to me on the basis of satisfacto~ evidence ~ ~' "~ ~M~.~1014~15 ~ to be the person(~hose name~/~ ~°~ NOTA~YPU~IFO~sAN DIEGO~UN~ 0 ~ subscribed to the wit~st~ment and o k~/ t~y Commissi~ Ex~ ~ acknowledged to me~e/~y executed ~ ~TO~Rg, I~ i the sa~e in (~ir ~horized ' - ....... capacity(~ and that by ~is/~ signature~he instrument the person~r the entity upon behalf of which the perso~ exocutod tho instrumont. 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 rea~achment of this fo~ to another d~ument. Description of AEached ~c~ Title or Type of Documen,: ~1 ~ ~0~ P.l~ Document Date:- ~ ]~ ]~ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer~. Signer's Name:~ ~ ~, ~~ ~ ~ ~annor-- ~ Umitod ~ Gonoral ~ ~ttornoy in Fact ~ lrustee ~ Guardian o[Bonse~ator 1997 National No a~ Assoc a on * 9350 De Sero Ave, PO. Box 2402 · Chatswo~h, CA 91313 2402 Prod. NO 5907 Reorder Call Toll Free 1-800-876-6827 860 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. JULY 27, 1998 FIRST NATIONAL B~/~K DATED BENEFICIARY or TRUSTEE BY: GLENN MARSHALL Title: CHIEF CREDIT OFFICER JULY 27, 1998 FIRST NATIONAL BANK DATED BEN~ARY or ~STEE Title :---) S~NIOR ~IC~ PRESIDENT I Signature of BENEFICIARY or TRUSTEE must I be notarized. Attach the appropriate 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. Archibald Director of Engineering Services City of Encinitas grant.hwy 2-09-98 bak 3 -' 861 CALIFORNIA ALL-PURPO~ ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On JULY 27, 1998 beforeme, P. S. KING, NOTARY PUBLIC Date Name and 7~tle of Officer (eg., "Jane Doe, Notary Public") personally appeared GLENN MARSHALL AND MARIA P. KUNAC ............ Name(s) of Signer(s) ~ personally known to me - OR - [] 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by i~-- ~ ~?7~;,mT f his/her/their signature(s) on the instrument the person(s), I or the entity upon behalf of which the person(s) acted, z~'~;~ NOTQ~'yPoDtic~CoJifo~lk3 ~ executed the instrument. l \~.~:~? so. me~o co~.~ ~ ~[ _ _'"~'_ ~.Con~.. ~r~,pim~...~.!~. i_~r 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: SUBORDINATION ~GREEMENT Document Date: 7-27-98 Number of Pages: ONE Signer(s) Other Than Named Above: CItY 0F ENCINITAS 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: Too of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1994 National Notary Association · 8236 Remmet Ave.. PO. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toff-Free 1-800-876-6827 ' '" 862 LEGAL DESCRIPTION FOR EASEMENT FOR ROADWAY PURPOSES IN lOT 4 EXHIBIT "A" THAT PURTION OF LAND LYING WITHIN lOT 4 OF CITY OF ENCINITAS TP, ACT NO. 88-038 ACCORDING TO MAP THEREOF NO. 13140 FILED IN THE OFFICE CF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 15, 1994, AND ADJUSTED TO LOT 4 ACCORDING TO CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE CF THE COUNTY RECORDER OF SAN DIEGO AS DOCUMENT 1997-0221373 ON MAY 13, 1997, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE, EASTERLY LINE OF SAID LOT 4 SOUTH 18°32'51'' WEST A DISTANCE OF 17.80 FEET TO THE BEGINNING OF A NON-TANGENT 31.83 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID BEGINNING BEARS NORTH 02°10'36'' WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19049'07" AN ARC DISTANCE OF 11.0] FEET TO A POINT ON THE NORTHWEST LINE OF SAID LOT 4: THENCE NORTHEASTERLY ALONG SAID NORTHWEST LINE NORTH 14045'59'' EAST A DISTANCE OF 19.82 FEET TO THE POINT OF BEGINNING. ALL SHOWN FOR CLARITY ON EXHIBIT "B" ATTACHED HERETO, THEREBY MADE ~ PART HEREOF BY THIS REFERENCE. LAWRENCE E. COLE so97 EXP.