Loading...
1995-534231 ) 27-NOV-l~95 10:18 City of Encinitas ) ) OFFICIAL RECORDS When Recorded Mail to: ) SAH DIEGO COUNTY RECORDER'S OFFICE City Cierk ) 165 9 G~EGORY SMITH, COUNTY RECORDER city of ~.ncinitas ) FEES: 0.00 505 South Vulcan Avenue ) Encinitas, CA 92024 ) ), FOR THE BENEFIT OF THE CITY )\ ~i'~ )SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR PUBLIC ACCESS Assessor's Parcel Project No.: 92-130 MUP No. Pq7-47R-1R~lg W.O. No.: 3208 G JOSEPH C. SANFORD AND LINDA S, FALCONIO~ HUSBAND AND WIFE AS COM~4UNITY PROPERTY hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, State of California, hereinafter called GRANTEE, the easement for public access 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 HEHETOANDMADE A PART HEREOF BY THIS REFERENCE, 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 easement. cov4798 1 T~e Grantor, for hl~mself, his successors and~as~lgns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the easement hereby conveyed by reason of the location, construction, landscaping or maintenance of said easement. Dated this /~ day of ~/~', , 19_~ OWNER Signature of Owner? 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 No. 94-107 of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the fgregoing Easem~nt.~edication and consents to recordation thereof ~ its ~u~l~ a~t~o~%i~ed officer. I / Alan D. Archibald Director of Engineering Services City of Encinitas cov4798 2 CALIFORNIA ALL-PURPOSE A~.J~NOWLEDGMENT __ No. 51e3 · V~r' ~, · _ I~ 1 ~ ~ · CAPACITY CLAIMED BY SIGNER County of ~ ~ / ~! [/ .[ Though statute does not require the Notary to v v ~) . ~ ,..~. -- _ . (- fill in the data below, doing so may prove invaluable to persons relying on the document. on beforeme, ~/~ ~'~ '~J~, '~r~_J PL~L. [~NDIVIDUAL DATE '~J dAME, TITLE OF OFFICER - E.G. "JANE DOE ~NO~'ARY PUBL~" ' ' /~/'.-. / ~ m I /3, ~./i ( . ..-~"' ' J~,~" / ('. J~ j~. · [] CORPORATE OFFICER(S) personally appeared V/~ _ .(_,,~YJ~--._ L./ ~,VA.4.../F..~/&L~ ~f/~1,,~,~[ ,..) .~U~..~, [] personally known to me - OR - I~proved to me on the basis of satisfactory evidence [] PARTNER(S) [] LIMITED to be the person(s) whose name(s) J~/are [] GENERAL subscribed to the within instrument and ac- [] ATtORNEY-IN-FACT knowledged to me that ba,Lshe/they executed [] TRUSTEE(S)  the same in ~-s/-her/their authorized [~]GUARDIAN/CONSERVATOR capacity(les), and that by ~/their [] OTHER: signature(s) on the instrument the person(s), · ~.'~,.~__.~',2' S~'~DIEGOCOUNrf ~ or the entity upon behalf of which the ~ person(s) acted, executed the instrument. SIGNER IS REPRESENTING: W~hand and official seal. NA~E OF PERSON(S) OR ENTITY(lES) OPTIONAL SECTION _ THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT ~"~,'/'JC-.Jl~J~ ~ THE DOCUMENT DESCRIBED AT RIGHT: , ~ NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave., P.O. Box 7184 · Canoga Park, CA 91309~7184 · Ui~OII. DZ~TZON &QIIZZXZNT e recorded 10/02/95 as File/Page No. 1995-0441549 subordinated to Easement for Access ("DOCUM~,, hereinafter); Now, ~erefore, for valu~le consideration, the receipt of which is her~y ac~owledged, ~e ~dersi~ed B~FICI~Y or ~USTEE berry waives ~e priority of sa~d Deed of T~st in favor of said ~ to ~e s~e e~ent as if said ~ had been executed prior to sa~d Deed of T~st. ' November 21, 1995 CAPITAL BANK OF NORTH COUNTY DATED BENEFICIARY OR TRUSTEE Kim Froke Title: Loan Officer DATED BEN~:~CIARY 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 Encinltas, 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 recordation thereof by its duly authorized officer. Alan D. Archibald · Director of Engineering Services City of Encinitas COV4798 3 $4 AMER/ STATE OF CALI,.EORNJA }ss. COUNTY OF personally appeared ,/7'/',~ P'--/¢o~. / (or proved to me on the basis of satisfactory evidence) to be the person(s)' whose name(x) is/am subscribed to the within instrument and acknowledged to me that he/si~/tl,~e'y executed the same in his/l~C/th, efr authorized capacity(ies~, and that by his/bet/tl:nSir signature(s-)"on the instrument the person(,s.For the entity upon behalf of which the personC,-)'acted, executed the instrument. WITNESS my hand and official seal. Signature ~ Corem #~063810 ~ NOTARY I'USLIC CALIFORNIA (This ~re~ ~or official not~rial se~ Dato of Document /~/~/¢~ ~ No. of ~a~es. ~ Othor signatures not acknowle¢~ed ~ 3008 (1/94) (General) First American Title Insurance Company 11/14/95 11ES .LGL 1662 he~ EXHIBIT "A" (PAGE 1 OF 2) PUBLIC ACCESS EASEMENT LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 18 AND 19 OF ENCIHITAS TRACT NO. 4255 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 11909, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1987, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 19 OF SAID MAP, THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 88"43'53" WEST, 57.00 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 43°43'53'' EAST, 7.07 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 5.00 FEET OF SAID LOTS 18 AND 19; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88°43'53'' EAST, 65.00 FEET; THENCE NORTH 46°16'07'' EAST, 7.07 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 18, DISTANT THEREON SOUTH 88°43'53'' EAST, 18.00 FEET FROM THE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID LINE TO THE POINT OF BEGINNING. (350 SQ FT OR .008 ACRES) SAN DIEGUITO EI~INEI~NG, INC. Planners - Engineers - S~eyors 4407 Manchester Ave. Suite Z05 S 2 6 8 5 ENClNITAS, CALIFORNIA 92024 PHONE (619) 753-5525 A~ENTION FAX (619) 943-8236 WE ARE SENDING YOU ~A~ached ~ Und~~ ~V O=~ the following items: ~ Shop drawings ~ Prints ~ ''~'~Pl~~ ~ Samples ~ Specifications ~ Copy of le~er ~ Chan~e order COPIES DATE NO. DESCRIPTION · THESE ARE TRANSMI~[-ED as checked below: [] For approval [] Approved as submitted [] Resubmit copies for approval ~'For use [] Approved noted [] Submit your as copies for distribution [] As requested [] Returned for corrections [] Return corrected prints [] For review and comment [] [] FOR BIDS DUE 19 [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO :~ Contents:40% Pre-Consumer. 10% Post-Consumer SIGNED: "-'~ ~ ' ~' ~' ' ' " ' ~ If enclosures are not as noted, kindly notify us at once.