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1996-593429':- ecordino Reouest By: lC fl 1996-0§92429 City of Encinitas · ~ OFFICIAL RECOR0$ When Recorded Mail to: SM DIE60 COUNTY REC~DER'S OFFICE City Clerk ~E~Y SfllTH, CO~TY RECORER City of Encinitas ~ 10~ FEES: 0.00 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY '~ SPACE ABOVE FOR RECORDER~S USE ONLY ~ FOR CI~Y Assessor's Parcel Project No.:PADRQZ No. 258-350-33,34 W.O. No.: David L. Pruitt and Margaret C. Pruitt, husband and wife, hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF ENCINITA$, 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 ANDMADE A PART HEREOF BY THIS REFERENCE, cov4054 ''The Grantor here further grants to the C 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, 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. David L. Pruitt and Margaret C. Pruitt Husband and Wife Da~d L. Pruit~--- ~ - ~ Margaret C. Prultt "-~ 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 Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2 2107 ACKNOWLEDGEMENT State of California On December 1, 1995, before me, Georgie L. Salvo, a Notary Public in and for County of San Diego ]' ss. the State of California, personally appeared MARGARET C. PRUrTT and DAVID L. PRUI'I-r, personally known to me (or proved on the basis of satisfactory (This area for official seal) evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. ~ GEORGE L ,SALVO · =,/~/ Comm. # 1026845 5 WITNESS my hand and official seal. Signature ' THIS CERTIFIOATE MUST BE Title or Type of Doc~J~ent - J~SEMENT FOR CITY HIGHWAY A'I-rAOHED TO THE DOCUMENT Number of Pages:~J Datc~of Document- December 1, 1995 DESORIBED AT RIGHT: Signer(s) Other Th~3)Named Above - Alan D. Archibald .WHEREAS, those parties concerned, desire to have the Deed of Trust recorded~_~_~as File/Page No. 87-142954 subordinated to Easement for City Highway for PUBLIC R/W ("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. 11-21-95 UNION BANK DATED BENEFICIARY~T~US~E~ By: ~'~,~X MICHAE~ S. HAH~ Title: VICE PRESIDENT 11-21-95 UNION BANK DATED BENEFIC~I.A,RY OR TRUSTEE j Title: AS SIISTANT VICE~/PRE S~DENT 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 Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 4 2109 Certificate Of Acknowledgment S~a~ of California ) Co~n~7 of SAN DIEGO ) NOVEMBER 21, 1995 b~fomme, LEILANI N. PIXLER , aNom~yP~b~cfor[h¢ On MICHAEL S. HAHN AND SHIRLEY FETTER0bF Stat~ of California. pemonally appeared h¢/she/~xecuted~ the same in his/her~)~uthodzed c~paciPy(i~s), and that by his/he~/~gnaru.l'e(s) on the insu'umcn[ FORM 00211 (Rev. 6~94) 2110 WHEREAS, those parties concerned, desire to have the Deed of Trust recorded December 23. 199~ as File/Page No. ~ subordinated to Easement for City Highway for ~ ("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. t/ / FARM CREDIT SERVICES OF SOUTHERN CALIFORNIA, I '~ ~f ~ an Agricultural Credit Association DATED BENE~~/~RUSTEE 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 l/~/~ By ~ ~,~ Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nra. 5907 State of California County of San Diego ~'1 On November 29, 1995 before me, Margaret A. Howell DATE NAME, TITLE OF OFFICER - E.G, "JANE DOE, NOTARY PUBLIC" personally appeared Pat carey NAME(B) 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 J ,~'~ MARGARETA HOWELL~ capacity(les), and that by his/her/their ~ /~'~ COMM. #987175 ~ signature(s) on the instrument the person(s), O~.~'~ NOTARYFUGLIC-CALIFORNIA ~ or the entity upon behalf of which the rfl \~J SAN DIEGO ~OUNT? ~,~ MyComrn. E,xpiresApri19;1997 ~ person(s) acted, executed the instrument. WITNESS my hand and official ~4eal. / ~ -- z/~ 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 Easement for City Highway Vice President TITLE OR TYPE OF DOCUMENT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL 8 [] ATrORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: No Date DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 EXHIBIT LEGAL DESCRIPTION APN: 258-350-33,34 A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN DOCUMENT RECORDED OCTOBER 17, 1985 AS DOCUMENT NO. 387028 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LAND PER SAID DOCUMENT; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 89"33'39" EAST 268.83 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00°56'26'' WEST 17.00 FEET; THENCE PARALLEL TO AND 17.00 FEET SOUTHERLY OF SAID NORTHERLY LINE NORTH 89°33'39'' WEST 232.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE sOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°23'33'' AN ARC DISTANCE OF 31.20 FEET; THENCE PARALLEL AND 17.00 FEET EASTERLY OF THE WEST LINE OF LAND DESCRIBED IN SAID DOCUMENT SOUTH 01°02'48'' EAST 188.93 FEET TO THE SOUTHERLY LINE OF SAID LAND; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 89°36'50'' WEST 17.00 FEET TO THE WEST LINE OF SAID LAND; THENCE ALONG SAID WEST LINE NORTH 01°02'48'' EAST 225.73 FEET TO THE POINT OF BEGINNING. HAVING AN AREA OF 8,202 SQUARE FEET. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: LICENSED LAN~SURVEYOR P.L.S. 3997 DATE COV4054 3 EXHIBIT "B" ?,113 P.O.B. REQUEZA STREET N 89',35'39' W .3`34.41' 268.8.3' ~ SCAI~ 1'=100' ¢) r" ~'~ r')-- ¢- ~ (") r-) ~' A = 89'23~33" ~ ~o~o~702o ~oo. ~ Cl R 2o.o~o. <~ N 89'`36'50" W 334.61' EASE, ENT AREA %, ~(,~--,EOUEZA ST. ~---- 8,202 SQ. FT. ~MELBA RD. ~ SANTA FE DR. j~}( k~L ~LOCATION REGAL RD. k~/ I ~) I NARDO RD.  BRACERO RD. BONITA DR. {~)-~ CAMINO EL DORADO I I ~,~ T CAMINO DE ORCHIDA  VICINITY MAP CITY OF ENCINITAS DIMENSIONS SHOWN HEREON EASEMENT PLAT ARE DERIVED FROM RECORD DATA Right-of-Woy Engineering Services, Inc. DAVID L & Lend Surveying 258-550-33 & ,34 ! MARGARET C. PRUITT 4,167 AVENIDA DE LA PLATA, SUITE 114, ! HUSBAND AND WIFE OCEANSIDE. CA. 92056 I (619) 7,32-1`366 ACAD FNAME: PRUITT. DWO DRAWN: MJG I DATE: 9/01/95 I SHEET: 1 OF I GOVERNMENT CODE 27361.7 2114 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: ~~--~ ~ ~4~/~ Commission Number: /~)~/-~' Date Commission Expires: ~f//~ /~ County where Bond is Filed:, Manufacturer / Vendor Number:. Place of Execution: ;~¢/~ /~/~-~e~_) / C4 Date:. 4~94 Rec. Form #RIO