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1998-551133Recording Requeste~: ) BOC cmo City of ~ncinitas When Recorded Mail to: City Clerk 3~ ,~,~r~[~ ~ ~ City of Encinitas ~ ~,m r-~n~ ~,~:~,,~' 505 South Vulcan Avenue ?c?i<?v' r'T~-n f!~i~l~ Encinitas, CA 92024 :~F~ ', FOR THE BENEFIT OF THE CITY 19~-0551133 ~0~'~ ~a~c~ ~0. ~o~cb ~0.: 53~?-G 2~-23~-2~ ~.0. ~0. : ~ ~?~33 hereinafter called GRANTOR(S), do(es) 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" AND "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, grant.hwy 2-09-98 bak 1 ot? 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 ~4~ , 19~ O~ER: ISignature 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. A~an D. Archibald Director of Engineering Services City of Encinitas grant.hwy 2-09-98 bak 2 CALIFORNIA ALL-PURPO~ ACKNOWLEDGMENT State of ~ County of ~/z.~ On ~- ,~. ~ before me, ~ Da~e Name and Title of Officer (e.g, "Jane Doe, Nota~ Public") personally appeared~.~ ~. ~d~ ~/~)(~ Name(s) of Signer(s) ~ personally known to me - OR ~ved to me on the basis of sati~cto~ evidence to be the person(s) whose name(s) is~bscribed to th~n instrument and acknowledg~ me that he/sh~/thedexecuted the same in his/he~i~uthorized capacitY), and that by his/heart, nature(s) on the instrument the person(s), ~*~::::~:::::': ......... ~ or the~ ~e~ty upon behalf of which the person(s) acted, ~ Randa ~. ~j~';. executed the instrument. ~l¢~ Comm. ~1030151 ~ NOTARY PUBLIC-CAUFCRNIA ~._M SAN 9m~oo cou~ WITNESS my hand and officiam seam, y Corem E~ Jan ~, I~9 OPTIONAL Description of Attached Document Title or Type of DoGument: DoGumen~ D~te: Number of Pages: ~Jgner{s) Othe~ Than Named Above: Capa~ity(ies) ~laimed by Signer(s) ~igner's ~ame: ~igner's Name: ~ Individual ~ IndivJdua~ ~ ~orporate Officer ~ ~orporate Officer Title(s): Title(s): ~ ~a~ner ~ ~ Limited ~ ~eneraJ ~ ~aHner ~ ~ Limited ~ ~eneral ~ Attorney-Jn-FaGt ~ Attorney-Jn-FaGt ~ Trustee ~ Trustee ~ Guardian or ~onse~tor ~ ~uardJan or ~onse~ator ~ Other: T~ of th~m~ here ~ Other: ~ e~ th~b ~ere Signer Is Representing: Signer Is Representing: © 995 Na one NO ary Association * 8236 Remmet Ave, P O Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll Free 1-8CO-876-6827 ~UBORDINATION AGREEME~0 ~ WHEREAS, those Darties concerned, desire tO have the Deed of Trust recorded 4-29-~996 as File/Page No. 1996-02141~? subordinated to Easement for Access ("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. DATED BENEFICIARY Tit1 e: DATED BENEFICI~Y 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 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 Servibes City of En¢initas cov4798 3 1050 California All-purpose Acknowledgment State of California County of San Diego On x,~ kCS. ~ 2-~ fi' 1998 before me, Neal Oanz, Notary Public, personally appeared /tl~F2~//"~/~ ~. ~9,,~,7 {/~' [Name(s) of Signer(s)] ~ personally known to me ~ proved to me on the basis of satisfactory evidence to be the person(s) whose mime(s) is/are subscribed to the within instrument and acknowledge 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. WITNESS my hand and official seal. NOTARY SEAL ~ { ~ OFFICIAL SEAL - ,~_~ NEAL GANZ (S~gaatm'e) ~ ~ ~NOTARY PUBLIC-CALIFORNIA~ ~.~ COMM. NO. 1143145 · \~] SAN DIEGO COUNTY ~ MY COMM. EXP. JULY 16, 2001 1051 EXHIBIT "A" - LEGAL DESCRIPTION OF RIGHT-OF-WAY DEDICATION PARCEL "B" IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, A PORTION OF PARCEL 1 OF PARCEL MAP No. 14121, FILED 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JANUARY 21, 1986, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SoLrrI-1ERLY TERMINUS OF THE EASTERLY SIDELINE OF THE PUBLIC ROAD EASEMENT GRANTED PER SAID PARCEL MAP WlTH1N SAID PARCEL 1; THENCE ALONG SAID SIDELINE NORTH l°58'17'' EAST 8.63 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE LEAVING SAID SIDELINE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°37'12'. AN ARC DISTANCE OF 12.89 FEET TO A POINT OF REVERSE CURVATURE WITH A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 30.50 FEET, WITH A RADIAL BEARING OF SAID CURVE THROUGH SAID POINT BEARING SOUTH 63°24'31" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59034'05'' AN ARC DISTANCE OF 31.71 FEET TO A POINT OF INTERSECTION WITH SAID EASTERLY SIDELINE; THENCE ALONG SAID EASTERLY SIDELINE SOUTH 1°58'17" WEST 42.68 FEET TO THE TRUE POINT OF BEGINNING; THE HEREINABOVE DESCRIBED PARCEL CONTAINS 0.003 ACRE, MORE OR LESS. · 1052 EXHIBIT "B - DICATION IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 20' R/W LOT 21 L~T 2 j/PER MAP NO. 2,355 J\/JAP 10' 10' ~ / ((N89'41'33"W 144. J0')) ~ ~ LEGEND / ~ ~ ~ )) - PM 14121 ~p.O.B. ~ ~ ~ ~ ~ PARCEL A ~ ~ [ ] - MAP ~547 ~A~CEL ~ ~ ~ (~' ~ ~ E n- MAP 2~ ~ ~ VACATION ~ ~ ~ . ~ ~P NlI'2429"E(R) ~ ~ ~ R=30.5' ~ I~ L=2O.mx / ~ &-889' ~27~9'16"W(R~- ~ ~ r~ -- · ~ ,,u, ~ ~ ~ - ~ 1=24,28' ~ ~_N57'O124E(R) _ ~ ~//// 10 ' - - · LOT ~ ~ ~l ~ ~//- . ~- ~/ ~=~-~' ~ ~ ~ ~ ~ ~ ~PAR~L B I ~ ~/~ < ~ ~¢"'~' SCALE: 1" 20' --x////~//~ ~ ~ ~ l W R=50' = (N89'54 ~0 W ~// ~ ~ ~ ~ // 1=~9 ~o' ..... - / ~/~~ N01'58 17 E~ _-- ' ' ' ' I ~ ,~ B. 6~' ~ , -' - ~ N89'54'~O"W ~ P.O.B. - SOLY TERMINUS OF ELY ~ 7.00' ~ ~ SIDELINE OF PUBLIC ROAD EASEMENT O-F I ~ ~ 60' R/W LOT 27 o:2~ ~. PER MAP NO. 3547 ~UCADIA BLVD~ PROJECT L.S. T~O ~ ~ SIDONIA SK CONSULTING ~CINI~ MAP NO 5CALE