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1998-338350 0 t:, of DOC -0,338350 Jun 05, 1998 12-JJ When Recorded Mail to: City Clerk City of Encinitas OFFICIAL 505 south Vulcan ~venue SAN DIE~ O~TY ~O~OER'8 OFFICE ~neinlta~, CA 920~4 6~RY J. ~ITH, ~NTY RE~R FEES: 0.00 ~: FO~ THE BEN~FIT OF THE CITY ~YS: 2 1998-0338350 SAN ELIJO LLC (Limited Liability Company) hereinafter called GR/~q'TOR(S), do(os) 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 AND MADE A PART HEREOF BY THIS REFERENCE, grant.hwy 2-09-98 bak 1 '- 92 The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remainin9 property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscapin~ or maintenance of said highway. Dated this ~/ ~ -~ ~ay o f ~~,,~.19_~ DOCUMENTARY TRANSFER ~~~ I Signature of Owners to be notarized. IAttach 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. ~ Date: ~'~-~ By: ~ ~ ~/~.v¥~,v~'~a~'~ .... Alan D. Archibald Director of Engineerin9 Services City of Encinitas 9rant.hwy 2-09-98 bak 2 ,-. 925 CALIFORNIA ~LL.PURI~O~I ACKNOWLEDOMENT State of California County of San Diego On May 21, 1998 beforeme, Nancy M. Reyes~ a notary public* ** * Date Name and 33tie of Officer (e.g., "Jane Doe, Notary Public") personally appeared Josh Addison* * * * * * * * * * * * * * * * * * * * * Name(s) of Signer(s) [] personally known to me ~ proved to me on the basis of satisfactory evidence to be the person(A)' whose name¢) is/~fr,~ subscribed to the within instrument and acknowledged to me that ~ ;NANCY M'REYES--~----~ ~-----~-~-~-~-~-~ -- executed the same in his/t)~/c/~l~ir authorized capacity(y~!~), ~ ~..~ Commission #1102875 ~ and that by his/.hf~f/fo~r signature(A) on the instrument the · ~i%~Notary Public - Cslifornia ~) person(A), or the entity upon behalf of which the person(~ :~ ~ San Diego County ~_ ~U)' _C_o_m_mi~io_n Exp._J__U~__E~,~__0_0_0__ j acted, executed the instrument. 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: 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: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1996 National Notary Association · 8236 Remrnet Ave., RO, Box 7184 · Cancga Park, CA 91309~ 7184 Prod, No. 5907 ReOrder: Call Toll-Free 1-800-876-6827 ' ' 926 UBORDINATXON AGREEMENT WHEREAS, those pa~ies concerned, desire to have ~e Deed of T~st recorded ~a~ l~, l~q~ as File/Page No. s~ordinated to Easement for Access ("DO~NT" hereinafter) Now, therefore, for valuable consideration, ~e receipt of which is hereby ac~owledged, ~e ~dersi~ed BENEFIC~Y or ~USTEE her~y waives ~e priority of said Deed of T~st in favor of said to the same extent as if said ~ had been executed prior to said Deed of T~st. DATED DATED BENEFICIARY OR TRUSTEE By: Title: Signature of BENEFICIARY or TRUSTEE must be notarized. I I Attach the appropriate acknowledgement. I I certify on behalf of the City Council of the city of Encinitas, pursuant to authority conferred by Resolution No. 94-107 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 recordationthereof by its duly ~uthor'zed officer. Alan D. Archibald Director of Engineering Services City of Encinitas cov4798 3 927 ' CAMF(~RNIA ALL-PURPOeACKNOWLEDGMEN Name(s) of Signer(s) ~¢~ersonally known to me - OR - [] . ' evidenr'e to be the person(.~' whose namef, s') is/ace~subscribed to the within instrument and acknowledged to me that he/sheit4:~y~xecuted the same in his/her/their authorized capacity,(~s), and that by. ~-T~- ~[~S~I~ ~'I'-/~(~ES--~ his/he~/~eir signature~d~ the instrument the pe]$o~, _~,~ Commiulon #1050256 <: or the entity upon behalf of which the person/C) acted, u, Notary Public Cc~tlofnta 3] ~' ~ Sin I:llet~e'~euflty ~ executed the instrument. WITN//E~ my hand and off,;~., ea,. OPT~ONA£ 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 reatlaehment of this form to another document. Description of Attached/'Ooqument - ., Title or Type of Document: ~'~~ ~ Document Date: ~/f~2( ~ Number of Pages: ',.~ Signer(s) Other Than ~amed Above: Capacity(les) Claimed blt Signer{s) Signer's ~ame: Signer's Name: ~ Individual [] Individual ~ Corporate Officer [] Corporate Officer Title(s): Title(s): ~ Partner-- I Limited ~ General [] Partner-- [] Limited [] General [] Attorney-in-Fact F~ Attorney-in-Fact [] Trustee LJ Trustee [] Guardian or Conservator [] Guardian or Conservator LJ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1995 National Notary Association · 8236 Remmet Ave, P O. Box 7184 · Canoga Park, CA 91309 7184 Prod No. 5907 Reorder: Call Toll-Free 1-800-876 6827 EXHIBIT "A" Legal Descri=tion Portion of APN 260-620-22 to be Dedicated to the City of Encinitas for Public Roadway Easement The Westerly 20.00 feet of the land described in Deed to San Elijo LLC (Limited Liability Company), recorded December 15, 1997 as Document No. 1997-0631954 in the Oflce of the County Recorder of San Diego County, more particulary described as follows: That portion of the the NorthWest Quarter of Section 22, Township 13 South Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at the intersection of the Westerly prolongation of the North boundary line of Cardiff Villa Tract, according to Map thereof No. 1469, filed in the Office of the County Recorder August 10, 1912, with the NorthEasterly line of County Highway Route No. 1, Division 1: thence North 31 °28' West along said Highway line, 213.03 feet to the beginning of a curve, concave to the NorthEast having a radius of 1275.82 feet, and a cenffal angle of 08 °01'; thence NorthWesterly along said curve 178.49 feet; thence tangent to said curve North 23027' West 712.71 feet to the True Point of Beginning; thence continuing North 23°27' West 50.02 feet; thence North 66048' East 20.00 feet; thence South 23 °27' East 50.02 feet; thence South 66 °48' West 20.00 feet to the True Point of Beginning. 929 I I I I I I ~ I ~-- I