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1996-199972 897 · . " Recor i 'ed 1996--0199972 ' ~ 23-AP~-1996 10:5~ tiM city of Encinitas OFFICIAL RECORDS When Recorded Mail to: I SAN DIEGO COUNIY RECORDER'S OFFICE city Clerk ,' ,, GREGORY SMITH, COUNTY RECORDER City of Encinltas FEES: 0.00 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF ThE CITY SpAC~ ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGaWAY Assessor's Parcel Project No.: 9~-O~Z (lld'i) No. 259-131-31 W.O. No.: ~5-~ ' JACK D. PORTER and JANE CAROLYN PORTER 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 EXHIBIT "A" ATTACHED HEt~ETOANDMADE A PART HEREOF BY THIS REFERENCE, cov4054 I 898 The Grantor further grants to the 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. Dated this [~ day of ~/~ , 19~ J~CK Do PORTER JA~E ~ROL¥~ PORTER 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 duly~uthorized officer, n A~an D. Archibald Director of Engineering Services City of Encinitas cov4054 2 899 · CALIFORNIA ALL-PURP(~ACKNOWLEDGMENT No.~o7 State of County of /~ ~ On 7~C/4~.ATE/~ /~'~ before me, .^.E..,TLEO. OEF,CE.-E.G.,',^.E.OE,.O~Y"U.UC' ~'' personally appeared NAME(S) OF SIGNER(S) [] personally known to me OR E~proved - - to me on the basis of satisfactory evi.~_.~.ce to be the person.{~whose name~lre subscribed to the within instrument and ac- knowledged to me~a~he/they executed the same in hC.._~j~/her/their~thorized capacity(ies), and that by~___.~her/their ........... signature.(~ on the instrument the persor~, J ,..~-~.,, Susan Shattuck 0,~ Comm.#I062183 r~ or the entity upon behalf of which the SAN D~GO COUNTY ~,~ =~i~ co~ ~,p ~un~16.~-' person(~ acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. [~ND~vAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT IDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: ~' DATE O~ D(~CUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THC~N NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remrnet Ave., P.O. Box 7184 · Cancga Park, CA 91309-7184 ' ' 900 CALIFORNIA ALL-PURPOi~II~CKNOWLEDG M ENT State of CALI FORNIA County of LOS ANGELES On MARCH 21/ 1996 before me, BRIDGET UTHE-HELDMAN CATE NAME, TITLE OF OFFICER- E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared :"dANE CAROLYN PORTER~= ~ I~od NAME(S) OF SIGNER(S) [] personally known to me - OR - prov to me on the basis of satisfactory evidence be the person(s) whose name(s)~s/are subscribed to the within instrument and ac- knowledged to me that~he/~?e/they executed the same in his/l~e~'/their authorized o, capacity(les), and that by his~their o signature(s) on the instrument the person(s), ..'~ ~' or the entity upon behalf of which the ~.,~'~'[~.~.... person(s) acted, executed the instrument. WITNESS~ny hand and official seal. ~, BRIDGET"°TARY 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 DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-i'ORNEY*IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S} OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ~,1993 NAT ONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O, Box 7184 · Canoga Park, CA 91309-7184 901 PE 647D EXHIBIT "A" LEGAL DESCRIPTION ROADWAY EASEMENT A STRIP OF LAND 11.00 FEET WIDE LYING WITHIN A PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF. BEING ALSO WITHIN THAT LAND AS DESCRIBED IN A DEED TO JACK D. PORTER ET AL PER DOCUMENT F/P 79-175260 RECORDED APRIL 30, 1979 IN THE OFFICE OF THE COUNTY RECORDER. THE SOUTHWESTERLY LINE OF SAID STRIP BEING COINCIDENTW1TH THE NORTHEASTERLY RIGHT OF WAY LINE OF ENCINITAS BLVD. (51.00 FEET WIDE) AS SHOWN ON ROAD SURVEY NO. 458-66 IN THE OFFICE OF THE CITY ENGINEER OF SAID CITY. THE NORTHEASTERLY LINE OF SAID STRIP TO BE EXTENDED OR SHORTENED TO TERMINATE NORTHWESTERLY IN THE NORTHWESTERLY LINE OF SAID PORTER LAND AND TERMINATE SOUTHEASTERLY IN THE SOUTHEASTERLY LINE OF SAID PORTER LAND. ~E~AS~ ~hose ~a~es conce~ned~ desire ~o have ~he Deed o~ ~eco~ded ~9~9~ as F~e/Pa~e No. 9~-~1~1~ subordinated re~ired as condition of approval of 95-082 HUP/V/EIA , Now, therefore, for valuable consideration, the receipt of which hereby ac~owledged, the undersigned BENEFICI~Y or TRUSTEE hereby waives the priority of said Deed of T~st in favor of said DO~NT to the same extent as if said DOC~ENT had been executed prior to said Deed of T~st. FOLLER~E~N Title: 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. Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 3 CALIFORNIA ALL-PURPO~CKNOWLEDGMENT Countyof ~1~; ~ personally appeared ~(¢/~ ~. ~ porsonally known to mo - O~ -~ provod to mo on tho ~asis to bo ~ho porson~ whose namo~ suBscribod to tho within instrumont and ac- knowlod~od 1o mo that ho/~ oxocutod tho samo in hm/g ...... ~r authorizod capacity(i~, and that bg his/~ si~natum~ on the instrument tho person~, .~ o~ H or the entity upon behalf of which the ~ ~ "OT*~,,O.~. ~ person~) acted, executed the instrument. 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. CAPACI~ CLAIMED BY SIGNER DESCRIPTION 0F A~ACHED DOCUMENT ~ INDIVIDUAL TI+LE OR T~PE OF DOCUMENT  PARTNER(S} ~ LIMITED GENERAL ~ A~ORNEY-IN-FACT ~ NUMBER OF PAGES ~ TRUSTEE(S) ~ GUARDIAN/CONSERVATOR ~ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI~(IES) SIGNER(S) OTHER THAN NAMED ABOVE ~1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 · ' 905 B~ORDINATION AGI%EE~ WHE~%EAS, those parties concerned, desire to have the Deed of Trust recorded ~ as Pile/Page No. 94-4191&~ subordinated to Easement for City Highway for PUBLIC R/W ("DOCUMENT" hereinafter) required as condition of approval of 9~-0R9 MIIP/V/FT~ ; 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 0~[~]~~F~ CARL SHANDON CARICO and OTELLIA ANNA CARIC0 TRUST, JANE C. PORTER TRUSTEE , 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. Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 3 · · 906 CALIFORNIA ALL-PURPO~ACKNOWLEDGMENT Re, State of CALI FORN IA County of LOS ANGELES On HARCH 21~. 1996 before me, BRIDGET UTHE-HELDPIAN CATE NAME, TITLE OF OFFICER * E,G., "JANE DOE, ROTARY PUBLIC" personally appeared ``:dANE C. PORTER, TRUSTEE":  NAME(S) OF SIGNER(S) [] personally known to me - OR - iproved to me on the basis of satisfactory ev~ence ( to be the person(s) whose name(s)~are subscribed to the within instrument and ac- knowledged to me that he/~e/they executed .,the same in his/~-h/their auth~%orized capacity(les), and that by his/l~//their ~_...~ ~1 ~ .~."~;ii~?_~ ~, signature(s) on the instrument the person(s), ~-_,~,,.~ ...~~-~""~'~I~ or the entity upon behalf of which the · ~~_, ~,~~ person(s) acted, executed the instrument. ~ WITNESS my hand and official seal. BR I DGF~ UTHE-HELDHAN 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(B) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE 907 SUBORDINATION A~REB WHEREAS, those parties concerned, desire to have the Deed of Tr~st recorded6/.29/gA as File/Page No. 94-&1~166 subordinated to Easement for City Highway for PUBLIC R/W ("DOCUMENT- hereinafter) required as condition of approval of 95-082 Mi]P/V/ETA ; 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~ ~A~E CAROLYN PORTER Title: 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 cov4054 3 CALIFORNIA ALL'PURPO~CKNOWLEDGMENT 9 0 8 State of CAL[ FORN]A County of LOS ANGELES On HARCH 21, 1996 before me, BR]DGET UTHE-HELDHAN DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUDLIC" personally appeared :~dANE CAROLYN PORTERx .~ 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~q'~/are subscribed to the within instrument and ac- knowledged to me that he/~hey executed e same m h~s/~their aut~,orized capacity(les), and that by his/(?¥/the r ~. signature(s) on the instrument the person(s), · or the entity upon behalf of which the 7'~~ person(s) acted, executed the instrument. °F"°TAnY 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(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] A3=rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE {31993 NATIONAL NOTARY ASSOCIATrON * 8236 Remmet Ave,. P.O, Box 7184 · Canoga Park, CA 91309-7184