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1998-643674
' ' - 19 8 0643674 · ' Recording R~(~: DOC City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 1998-06~674 25~-~80-?~ N.O. ~o.: Wayne Waqner and Marv Waqner, husband and wife as joint tenants 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 1 145 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 / () ~ ~6~_/~t ,' day of 19 7~ O NER J J - Signature of Owners to be notarized. I Attach the appropriate acknowledgments. I ] 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. Director of Engineering Services City of Encinitas grant.hwy 2-09-98 bak 2 ALL.PURPOJ. CKNOWLEDGMENT CALIFORNIA State of ~'~// County of '~ ~' personally appeared ~ personally known to me - OR - ~ved to me on the basis of satisfacto~ evidence to be the person(~ whose name~re subscribed to the within instrument and acknowledged to me that he.they executed the sam~ his~/their authorized capacity(i~), and that by his~heir signature~ on the instrument the person~, ~ ~ ~ ~-~ ~ or the entity upon behalf of which the person(s)acted, ~ ~ COMM. 1136651 ~ executed the instrument. .... ~ u~Go cou~ - WITNESS my hand and offioial seal. [ ~ M~Com~E~sMay3 i,...,._ ................. Document Date: ~ Signer(s) Other Than Named Above: ,~,~,'/~ Capacity(les) Claimed by Signer(s) Signer's Name: fO~ ~/~,5 ~C/~?~ Signer's Name: ~ndividual ~ Individual ~ Corporate Officer ~ Corporate Officer Title(s): Title(s): ~ Padner-- ~ Limited ~ General ~ Padner-- ~ Limited ~ General ~ Attorney-in-Fact ~ A~orney-in-Fact ~ Trustee _ -~ Trustee ~ Guardian or Conse~ator ~ Guardian or Conse~ator Signer Is Representing: Signer Is Representing: © 1995 National Notary Association · 8236 Remmet Ave, PO. Box 7184 · Canoga Park, CA 91309-7184 Prod NO. 5907 Reorder: Call ToN-Free 1-800-878 6827 CALIFORNIA ALL-PURPOS~ACKNOWLEDGMENT JT. ~6.[ County of Date Name and T e of Officer (e g, "Jane Doe. Nota~ Public") personally appeared ~.s~c[/)~ z . . ~.- I Name(s) of Signer(s) ~J personally known to me - OR - ~ved to me on the basis of satisfacto~ evidence to be the person(~ whose name(~?are subscribed to the within instrument and acknowledged to me that~she/they executed the same in ~i~hedtheir authorized capaciW(i~, and that by ~her/thei~ signature~ on the instrument the person(~, or the entity upon behalf of which the person(~ acted, ~ '~ "~;~X~'~;S~ executed the instrument. COMM 11~651 a ~ ~:~c.c~* ~ WITNESS my hand and official seal. 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 rea~achment of this form to another document. Description of Attached Document Document Date: ~//0/~ Number of Pages: Signer(s) Other Than Named Above: ~/'~ Capacity(les} Claimed by Signer(s) Signer's Name: ~ 3L/~O~C ~ Signer's Name: I ~ndividual I~ Individual ~ Corporate Officer ~ Corporate Officer Title(s): Title(s): ~ Pa~ner-- ~ Limited ~ General ~ Padner-- ~ Limited ~ General - Attorney-in-Fact ~ Attorney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Conse~ator ~ Other: Topofthumbhore ~ Other: TopofLhumbharo Signer Is Representing: Signer Is Representing: 995 National Notary Assoc a on · 8236 Remmet Ave., RO Box 7 84 · Canoga Park, CA 91309 7184 Prod. NO 5907 Reorder: Call Toll Free 1-800-876-6827 1462 SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded DECEMBER 13, 1996, as File/Page No. 1996-0623687 and modification of Deed of Trust recorded JULY 23, 1997, as File/Page No. 1997-0349219, subordinated to Easement for City Highway for PUBLIC RIGHT OF WAY ("DOCUMENT" hereinafter). ~BENEFICIARY Now, therefore, for valuable consideration,f the receipt of which is hereby acknowledged, the undersigned ~E~I~FICI.~¥ 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. ~/~- f$ BENEFICIARY BENEFiCiaRY Title: Signature of BENEFICIARY or TRUSTEE must be notarized. Attach 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 Subordination Agreement and consents to recordation thereof by its duly authorized officer. Alan D. Archibald Director of Engineering Services City of Encinitas grant.hwy 2-09-98 bak 3 cAL~IFoRNIA ALL'PURPO~CKNOWLEDGMENT O State of ~o-/,'OA~r~,,',,~_ County of ~ ~ ~ ~'~5 ~ DAte Name and Tle of O~cer eL., dane Doe, ~o~a~ Public") Name(s) of SJgn~r(s) ~ personally known to me - OR ~ved to me on the basis Of satisfacto~ evidence to be the person~ whose name~re subscribed to the within instrument and ackno~ed to me that h~hey executed the same in hi~/her~heir authorized capaci~and that by hls~helr sig~nature~ on the nstrument the person~ ~ '~' ~+'~ F~'~J ~ qj~ executed°r the entitYthe upOninstrument:behalf of which the person~ acted, ~ ~ NOTARY PUBLIC- CALIFORNIA ~ 0 ~'(~g~ SAN DIEGO COUNTY WITNESS my hand and official seal, 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 rea~achment of this form to another document. Description of Attached Document ooume : ,' J Document Date: ~o ~ ~ Number of Pages: ~ Signer(s) Other Than Named Above: ~e~ ~ ~. ~t~ r Capacity(les) Claimed by Signer(s) Signer's Name: ~)~e~ ~_~.~; g* Signer's Name: ~ndividuai Individual ~ Corporate Officer cer ~tle(s): ~ PaKner ~ ~ Limited ~ General ~ ~ Limited ~ General ~ AEorney-in-Fact ~ AEorn{ ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ ~ Guardian ~ Other: Top of thumb here ~ Other: Top of~humb here Signer Is Representing: Signer Is Ret ~g: 995 National Notary Association · 8236 Remmet Ave., BO, Box 7184 · Canoga Park, CA 91309-7184 Prod. NO. 5907 ReOrder: Call Toll-Free 1-890-876-6827 CALl - URPO~I~CKN FORNIA ALL P OWLEDGMENT County of ..~O.w l~t'~c1 0 On %'e~,2-¢,~.~,,-. ,/o,"f'c~ beforeme, ~o~e,"'/- ~ Date Name and Trtle of Officer (eg,, "Jane Doe, Notary Public") personally appeared ¢~c~lar~ ,t.(. 'T~IlIL~ Name(s) of Signer(s) [] personally known to me - OR --tE~proved to me on the basis of satisfactory evidence to be the person~ whose name~'s,)(~are subscribed to the within instrument ,,~ and ack, Q~ledged to me that~she/they executed the ,,~e i hnl,.~,s/her/their authorized capacity('1'e~, and that by mL~L~ner/their signaturet~ on the instrument the person(~, or the entity upon behalf of which the person('~ acted, executed the instrument. ~ ~ROBERT F. POULIOT ~ ~.~,,'~ COMM. 1133330 m~ WITNESS my hand and official seal. Signature~f Notary Public OPTIONAL Though the information below is not required by/aw, it may prove va/uab/e 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: ~t, ~ o r~, Document Date: /U/o~t¢ Number of Pages: ~'- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ~);¢ka.f,~ ~, T~{I,'j- igner's Name: [] Corporate Officer [] Officer Title(s): '~tle [] Partner -- ,~ Limited [] General [] Limited [] General [] Attorney-in-Fact [] Attorm [] Trustee [] Trustee [] Guardian or Conservator [] Guardian [] Other: Top of thumb here [] Other: Top of thumb her~ Signer Is Representing: Signer Is R~ 1465 EXHIBIT "A" A PORTION OF THAT LAND DESCRIBED IN GRANT DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 8, 1997 AS DOCUMENT NO.1997-0380395, OFFICIAL RECORDS, BEING A PORTION OF THE SOUTHERLY 330.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENClNITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION AND ALONG THE SOUTHERLY LINE OF PARCEL 1 OF PARCEL MAP NO. 10207, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 10, 1980 AS FILE NO. 80~217145, NORTH 89° 49' 30" WEST 260.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL 1 WHICH BEARS SOUTH 89° 49' 30" EAST 6.93 FEET FROM THE CENTERLINE OF SAXONY ROAD; THENCE DEPARTING SAID SOUTHERLY LINE OF THE NORTHWEST QUARTER, ALONG THE WESTERLY LINE OF SAID PARCEL MAP, NORTH 23° 21' 30" WEST 96.60 FEET TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 3° 55' 10" EAST 127.17 FEET TO THE SOUTHEASTERLY CORNER OF SAID DEEDED LAND; THENCE ALONG THE EASTERLY LINE OF SAID DEEDED LAND AND ALONG THE WESTERLY LINE OF SAID PARCEL MAP NORTH 3° 55' 10" EAST 114.82 FEET (DEED - 114.38 FEET) TO THE NORTHERLY LINE OF THE SOUTHERLY 330 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3 ,THE NORTHWESTERLY CORNER OF PARCEL 3 OF SAID PARCEL MAP, AND THE NORTHEASTERLY CORNER OF SAID DEEDED LAND; THENCE ALONG SAID NORTHERLY LINE NORTH 89° 4~ 30" WEST 19.93 FEET TO A POINT WHICH LIES IN THE CENTERLINE OF SAXONY ROAD AND IN THE ARC OF A 500 FOOT RADIUS CURVE CONCAVE EASTERLY, SAID POINT BEARS NORTH 83° 29' 41" WEST FROM THE RADIUS POINT OF SAID CURVE; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 89° 49' 30" WEST 25.15 FEET TO THE TRUE POINT OF BEGINNING WHICH LIES IN THE WESTERLY SIDELINE OF SAXONY ROAD AND IN THE ARC OF A 525 FOOT RADIUS CURVE CONCAVE EASTERLY, SAID POINT BEARS NORTH 83° 47' 50" WEST FROM THE RADIUS POINT OF SAID CURVE; THENCE DEPARTING SAID NORTHERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SIDELINE THROUGH A CENTRAL ANGLE OF 10° 57' 14" A DISTANCE OF 100.37 FEET TO A POINT IN THE SOUTHERLY BOUNDARY LINE OF SAID DEEDED LAND WHICH BEARS NORTH 85° 14' 56" WEST FROM THE RADIUS POINT OF SAID CURVE; THENCE DEPARTING SAID WESTERLY SIDELINE ALONG SAID SOUTHERLY BOUNDARY LINE NORTH 69° 23' 11" WEST 5.53 FEET TO A POINT WHICH LIES IN THE ARC OF A 530 FOOT RADIUS CURVE CONCAVE EASTERLY, SAID POINT BEARS SOUTH 85° 30' 18" WEST FROM THE RADIUS POINT OF SAID CURVE; THENCE DEPARTING SAID SOUTHERLY BOUNDARY LINE NORTHERLY ALONG THE ARC OF SAID CURVE, 5.00 FEET WESTERLY OF AND CONCENTRIC WITH SAID WESTERLY SIDELINE, THROUGH A CENTRAL ANGLE OF l0° 38' 27" A DISTANCE OF 98.43 FEET TO A POINT IN SAID NORTHERLY LINE OF THE SOUTHERLY 300 FEET AND THE NORTHERLY LINE OF SAID DEEDED LAND, SAID POINT BEARS NORTH 83° 51' 16" WEST FROM THE RADIUS POINT OF SAID CURVE; THENCE ALONG SAID NORTHERLY LINE SOUTH 89° 49' 30" EAST 5.03 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 497.00 SQUARE FEET, 0.011 ACRES. 1466 *' EXHIBIT B a PORTION Of THE SOUTHERLY .:330.00 FEET Of THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION ,3, TOWNSHIP 1,3 SOUTH, RANGE 4- WEST, S.B.M., CITY OF ENCINITAS, COUTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN GRANT DEED RECORDED 8-8-97 AS DOC. NO.1997-O,380`395,0.R. T.P.O.B. u89'4-9',30"w 258.0~'"" "-~,3-~'~Z'~°--~-w-(-~ SCALE: 1" : 50' ,,,, N83 DOC. N0.1997-0,380,395, O.R. ; , :1., LEGEND 50 FOOT WIDE ROADWAY PER ROAD SURVEY NO. 1,317. AN EASEMENT FOR PUBLIC HIGHWAY PURPOSES GRANT- .00' ED TO THE COUNTY OF SAN DIEGO PER DEED RECORDED MAY 2, 1951 IN BOOK 4082 PAGE 225 AS DOCUMENT ~ NO. 55972 OF OFFICIAL RECORDS. ©AN EASEMENT FOR PUBL, C ROAD PURPOSES AND RIGHT Of m .'3., --1 WAY GRANTED TO THE COUNTY OF SAN DIEGO PER DEED~:~ ~ ~..~ RECORDED MAY 2, 1951 IN BOOK 4-082, PAGE 2,30 OF ,~ OFFICIAL RECORDS AS SHOWN ON PARCEL MAP N0.10207. ©5 FOOT WIDE IRREVOCABLE OFFER TO DEDICATE REAL ~ PROPERTY GRANTED TO THE COUNTY Of SAN DIEGO PER DOC. NO. 80-058097 REC. 2-20-1980, O.R., AND AS SHOWN ON PARCEL MAP N0.10207. ~ - -- (~)[7'7-~ AREA DESCRIBED IN EXHIBIT "A" ATTACHED ~ ~ '"1 HERETO AND MADE A PART HEREOF. 0 1,1,1 (-R1) INDICATES RECORD DATA PER ROaD SURVEY N0.1,317. --1 (-R2) INDICATES RECORD DATA PER PARCEL MAP N0.10207. '~k.'") (-DD) INDICATES RECORD DATA PER DOC. N0.1997-0580,395. ~ (-Cl) INDICATES DISTANCE CALCULATED FROM P.M. 10207. c'~';-~\-'/~-' ""--~'~ P.O.B (-02) INDICATES COURSE CALCULATED TO CLOSE BOUNDARY. '0'-0,\ t (R) INDICATES RADIAL BEARING. \%:~.~.~1-,,,,,, ,//~,,/ m THE SE COR OITHE SW 1/4 0 ~ .~_'""~"~ r'~h~l THE NW 1/4- OF SEC. CURVE DATA TABLE \ °~0~%.~ ~',, l/ T. 13 S. R.4 W., S.B.M NO. DELTA/BEARING LENGTH RADIUS REMARKS \ ~o,~:~,~ '"",,/(N89'52'OO"W260.OO'-R2 ~ L.,',..~'..,~ ..... \/ /N89'4-9'50"W/1260.00L. [] A= 10',38'27" 98.4,3' 5,30.00' NEW RW \ '~:..:;'-6.9,3(6;9.3,~-R2) V ./ E~] /~= 1°'57'14" 1°°'`37' 525'°°' RW RS 1`317 / ~'"(N8919 30 W 266'93'-R1)"" [] A= 12'37'21" 110.15' 500.00' CENTERLINE [] ~= 0,3'07'28" 27.27' 500.00' CENTERLINE ~'] A: 15'44'49" 1,37.42' 500.00' CL& (-R2' ,~G~y H.~MA,~Gi,~j~',,,'-,-',--/,,, [] A= 15'43'44" 137.26' 500.00' CL(CALC-R1) ~_~ NOTE L.S. 5871 ~ EXPIRES BEARINGS, DISTANCES AND CURVE DATA ARE PER GRANT DEED RECORDED ~ 1~/31/00 AUGUST 8, 1997 AS DOCUMENT N0.1997-0380,395 OR CALCULATED THERE- FROM UNLESS NOTED OTHERWISE. SEE LEGEND FOR RECORD DATA INFORMATION.