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1994-468498 DOC1°°x nxz°x 1034 FEES: When Recorded Mail to: City Engineer City of Encinitas / / 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE ONLy EASEMENT FOR CITY HIGH~YDOCUMENTARYTRANSFERTAX$, Assessor's ~arcel ~ro~ect No.: 32~5 A.K. OLIVER 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,. ?vet and across that certain real property in the C~ty of Enc~n~tas, County of San Diego, State of California, described in Exhibit "A" consisting of two (2) ~ages, attached hereto and made a part hereof. Exhibit "B" consistlng of two (2) pages is attached for clarity only. TF/03/C0V3-421wp51 (03-31-93) 1 ~h? ~bove de.scribed parce s successor or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the writte~ 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 (~ro~ing o? that may , and road building materials within said ri( , , reconstruction, improvement or maintenance of highway. Dated this day of , 19__ ~.K. OLIVER Owner . ~ ISignature of Owner's 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 July 27, 1987 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. MUSY W~R~EN{ ~nterim-City Manager C~ty of Encinitas TF/03/C0V3-421wp51 (03-31-93) 2 " CALIFORNIA, ALL-PURI~E ACKNOWLEDGMENT State of' /~} //~ ~/~ County of ~'~c~~ ~/~:'~' J .. On /"//~.,~Z/,~ ~,//,~/~'~/~efore me, ~ ~r_~.~, r ~ / ~- '~, ~" ,~ DATE ~ NAME, TITLE OF OFFICER - E.G,, "JANE .I~E. NOTARY PUBLIC" personally appeared /~ ~ ~I/~ ~ [~"o 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 ac- knowledged 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 instrument the person(s), or the entity upon behalf of which the :..~: .:~. ~ person s acted, executed the instrument. WITNE//~ny hand and._o,/ff~ial seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT '~ INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUIV~NT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: 'X/~ ~//~" DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S, OR ENTITY(lES) /~%t~ j~,~..~ j,.~/~ ~.~ ~_~ SIC~ER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 STATE OF CALIFORNIA COUNTY OF On ~J/~ '-~l) /c~/ ,beforeme, ~fd a Notary Public, personally appeared/vl/~P..Y£ U:~ NO/~, .~L 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 his/her/their signature(s) on the instrument the persOn(s), or the entity upon behalf -~-,.- ,.,,r ' """' ' of which the person(s) acted; executed the instrument, h WITNESS my hand and official seal. ~ (5~ JANE SALZBRUNN NOTARY PUBLIC-CALIFORNIA ii~ P~INCIPAL OFFICE IN SAN DIEGO COUNTY STATE OF CALIFORNIA COUNTY OF On , before me, a Notary Public, personally appeared , 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 his/her/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. Signature ', 1038 1039 EXHIBIT "A" EASEMENT FOR PUBLIc HIGHWAY ASSESSOR's PARCEL NO. 216-110-05 PROJECT: LA COSTA AVENUE A. K. OLIVER HEREINAFTER CALLED GRANTOR, DO(ES) HEREBY GRANT, CONVEY AND DEDICATE TO THE CITy OF CARLSBAD, STATE OF CALIFORNIA, HEREINAFTER CALLED GRANTEE, AN EASEMENT FOR PUBLIC HIGHWAy AND PUBLIC UTILITY PURPOSES AND INCIDENTs THERETo, UPON, OVER AND ACROSS THAT CERTAIN REAL PROPERTy WITHIN THE CITY OF ENCINITAS, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 7 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PROPERTy: COMMENCING AT THE NORTHEAST ER SOUTH 83o14,07,, W ~RLY CORN OF SAID EST ALONG THE NORTherly ~- LOT 7; THENCE ' .... ~ ~±NE 663.77 FEET; THENCE SOUTH 01:10 53" WEST 29.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01o10,53', WEST 80.00 FEET; THENCE NORTH 88o49,07,, WEST 592.17 FEET; THENCE SOUTH 01010,53', WEST 3.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT, 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLy, A RADIAL LINE TO SAID POINT BEARS NORTH 01o10,53,, EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°44,51,, A DISTANCE OF 31.68 FEET; THENCE NORTH 89o33,58', WEST 5.00 FEET; THENCE NORTH 88003,53', WEST 49.80 FEET TO THE WESTERLY LINE OF SAID LOT 7; THENCE NORTH 00037,38" ' WEST 108.73 FEET; THENCE SOUTH 88049 07" EAST 275.55 FEET; THENCE SOUTH 87o06,01', EAST 200.09 FEET; THENCE SOUTH 88049,07" EAST 193.34 FEET TO THE TRUE POINT OF BEGINNING. ALL AS SHOWN FOR CONVENIENCE SAKE ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF HERETO BY THIS REFERENCE. THE AREA WITHIN SAID EASEMENT IS 0.294 ACRES OR 12,792 SQUARE FEET. 104 0 '"" .~ RO,4-D '" EXHIBIT "A" EASEMENT FOR CRIBWALL CONSTRUCTION ASSESSOR'S PARCEL NO. 216-110-05 PROJECT _ LA COSTA AVENUE A. K. OLIVER H~REINAFTER CALLED GRANTOR, DO(ES) HEREBY GRANT, CONVEY AND DEDICATE TO THE CITy OF CARLSBAD, STATE OF CALIFORNIA, HEREINAFTER CALLED GRANTEE, AN EASEMENT FOR CRIBWALL CONSTRUCTION AND INCIDENTS THERETO, UPON, OVER AND ACROSS THAT CERTAIN REAL PROPERTY WITHIN THE CITY OF ENCINITAs, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 7 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PROPERTy: COMMENCING AT THE NORTHEASTER · RNER OF . SOUTH 83°14,07,, WEST a~nu~ --~Y CO SAID LOT 7. A DISTANCE ~ ...... ~ .... ~ ~ NORTHERLY LINE ~ .... FEET ~ .... ~_~-// FEET; THENCE SOUTu ~o~,~,,~a~o LOT 7 ~_ -~ ~n~ T~UE POINT OF B~ _- , ~u D3 WEST 109.88 WSST 15 FEET; THENCE ~,n~--i~?~?~; THENCE SOUTH 1~ 10' 53 513.34 FEET TO THE TR~;~2~I T~ENCE SOUTH 88049'07~ ~CE ~ ~u~N~ OF BEGINNING. ALL AS SHOWN FOR CONVENIENCE SAKE ON EXHIBIT "B" ATTACHED HERETO AND MADE PART HERETO BY THIS REFERENCE. THE AREA WITHIN DESCRIBED EASEMENT IS 0.177 ACRES OR 7700 SQUARE FEET. .I043 EXHIBIT "A" EASEMENT FOR CONSTRUCTION OF STRUCTURAL WALL TIEBACKs ASSESSOR's PARCEL NO. 216-110-05 PROJECT - LA COSTA AVENUE A. K. OLIVER HEREINAFTER CALLED GRANTOR, DO(ES) HEREB DEDICATE TO THE CITY OF CARLSBAD. S~am~ ~ GRANT, CONVEY AND HEREINAFTER CALLED GRANTEE, AN EASEMENT FOR CONSTRUCTION OF ...... UF CALIFORNIA, STRUCTURAL WALL TIEBACKs AND PIERs AND INCIDENTS THERETO, UPON, AND ACROss THAT CERTAIN REAL PROPERTY WITHIN THE CITY OF ENCINITAS, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 7 OF SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PROPERTy: COMMENCING AT THE NORTHEAS SOUTH : , ,, TERLY CORNER OF 83 14 07 WEST ALON mu ..... SAID LOT 7; THENCE G ~,~ ~u~THERLY L~NE,OF SAID LOT 7 A DISTANCE OF 663.77 FEET; THENCE SOUTH 1 10 53" WEST 109.88 FEET; THENCE NORTH 88:49'07" WEST 103.34 FEET; THENCE SOUTH 1:10'53" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 1~10,53,, WEST 20.00 FEET; THENCE SOUTH 81°55'33" WEST 136.78 FEET; THENCE NORTH 77o14,36,, WEST 84.72 F~ET; THENCE NORTH 88049,07', WEST 89.50 FEET; THENCE NORTH 75°34'41" WEST 43.66 FEET; THENCE NORTH lO10,53,, EAST 15 00 FEET; THENCE SOUTH 88:49'07" EAST 350 00 FEET TO THE TRUE POINT OF BEGINNING. . · ALL AS SHOWN FOR CONVENIENCE SAKE ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HERETO BY THIS REFERENCE. THE AREA WITHIN DESCRIBED EASEMENT IS 0 231 ACRES OR 10,053 SQUARE FEET. . LOT © t LOT J_,..; ,q c~ 104,4 ~.~ER~AS, those parties concerned, desire to have the Deed of Trust recorded as File/Page No. 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. DATED BENEFICIARY OR TRUSTEE U ' DATED BENEFICIARY OR TRUSTEE 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 July 27, 1987 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly authorized officer. MURRA~ '~%RDE~, Interim City Manager City o~ Enci~itas TF/03/COV3-421wpS1 (03-31-93) 3 STATE OF CALIF~QP~IIA~ COUNTY OF , Notary Public, personally appeared ~G~ ~~ O~ personally known to me (or proved to me on the basis of satisfacto~ 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~heir authorized capacity(les), and that by his/herkheir signature(s) ~ F.M. JOY CURBBUN on the instrument the person(s), or the entity upon behalf of ~~ COMM. ~958~ which the person(s) acted, executed the instrument. ~~ NOTARY PUBLIC-CALiFORNIA ~/ SAN DIEGO COUNTY