2003-1291352 L~; RECORDED R~QUEST OF
' r.' ri,, amO03
~TER ~CO~ING ~IL TO:
OCT 22, 2003 ].].:34 AM
~ten~io~: City ClerB
· H~ CImY O~ ~NCINI~S OFFICI~
505 S. Volca~ ~emoe ~ DIEO O~TY RECQRD~'S OFFICE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
.~ NO DOCUmENtAry T~ DUE - ~T ~22 (amended)
NO ~E - GO~NT CODE SECTION 6103
Title Order No. Escrow No.
Assessor Parcel No. 257-011-09 [ ] All
T~PO~X CONSTRUCTION
For and in consideration of a valuable consideration,
JOHN PATRICK BISHOP and ~T~LEEN L~A BISHOP, TRUSTEES OF T~E JO~ PATRICK
BISHOP and ~T~EN L~ BISHOP ~997 ~RUST
BE~Y 6~ to the CI~X O~ ~CINI~M, a municipal co--ration, in the County
of San Diego, State of California, its successors or assigns, for 1) access
and 2) work and/or staging area, for a period beginning the earliest of 1)
date of recordation of executed deed, 2) effective date of court of competent
jurisdiction's order of possession, or 3) effective date of grant of written
right of entry, and ending 35 days after recordation by City or its
contractor of a certificate of completion of project or 365 days whichever is
earlier, over, under, along and across all that real property situated in the
City of Encinitas, County of San Diego, State of California, described as
follows:
See legal description in EXHIBIT "A," and depiction in
EXHIBIT "B," attached hereto and incorporated herein by
this reference.
IN WITNESS ~E~OF, the~rantor~eto has cause this Easement Deed
to be executed as of this ~ day of ( ~(~~'~, 2002.
Bishop/D-3/TCE
9940
~HIBIT A (LEGAL DESCRIPTION)
TEMPOI?~9~R¥ EASEMENT FOR CONSTRUCTION PURPOSES- PARCEL
That portion of Parcel 1 of Parcel Map No. 4957, in the City of Encinitas, County of San
Diego, State of California, filed in the Office of the County Recorder of San Diego County
on July 29, 1976 as File No. 76-241622, described as follows:
Beginning at the Northeast corner of said Parcel 1; thence along the Easterly line of said
Parcel 1 South 34°34'26" East 52.13 feet to the TRUE POINT OF BEGINNING; thence
continuing along the Eastedy line of said Pamel 1 South 34°34'26" East 8.47 feet; thence
leaving said Easterly line of Parcel 1 South 15°00'39.' East 38.74 feet; thence South
74°59'21.' West 2.84 feet; thence North 15°00'39" West 46.72 feet to the TRUE POINT OF
BEGINNING.
Containing 121 square feet, more or less.
As shown on Exhibit "B' attached hereto and by this reference made a part hereof.
BRIAN K. MICK L.S. No. 7320 Exp. 06/30/05
LICENSE EXPIRES: JUNE 30, 2005
~ No. 7320 M,~,~
· ?.~' , RECORDED REQUEST OF
OCT
Attention: City Clerk
Encinitas, CA 92024 [[[8: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NO DOCUMENTARY T~ DUE - R&T 11922 (amended)
~o m~ - ~= COD~ S~C~O~ *~0~
T~tle Order N
~ Escrow No.
Assessor Parcel No. 257-011-09 [ ] Ail
~ IX] Portions
T~PO~Y CONSTRUCTION ~S~NT
For and in consideration of a valuable consideration,
JOHN PATRICK BISHOP and ~THLEEN L~A BISHOP, TRUSTEES OF THE JO~ PATRICK
BISHOP and ~THLEEN L~A BISHOP 1997 TRUST
HE.BY G~T to ~e CITY OF ~CINIT~, a municipal co--ration, in the County
of San Diego, State of California, its successors or assigns, for 1) access
and 2) work and/or staging area, for a period beginning the earliest of 1)
date of recordation of executed deed, 2) effective date of court of competent
jurisdiction's order of possession, or 3) effective date of grant of written
right of entry, and ending 35 days after recordation by City or its
contractor of a certificate of completion of project or 365 days whichever is
earlier, over, under, along and across all that real property s~tuated in the
City of Encinitas, County of San Diego, State of California, described as
follows:
See legal description in EXHIBIT "A,' and depiction in
EXHIBIT "B," attached hereto and incorporated herein by
this reference.
IN WI~ESS ~E~OF, the~ranto~reto has cause this Easement Deed
to be executed as of this ~ day of~~~,~, 20~02.
Bishop/D-3/TCE
· 9940
EXHIBIT A (LEGAL DESCRIPTION)
TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES--
PARCEL D-3
That portion of Parcel 1 of Parcel Map No. 4957, in the City of Encinitas, County of San
Diego, State of California, filed in the Office of the County Recorder of San Diego County
on July 29, 1976 as File No. 76-241622, described as follows:
Beginning at the Northeast corner of said Parcel 1; thence along the Easterly line of said
Parcel 1 South 34°34'26" East 52.13 feet to the TRUE POINT OF BEGINNING; thence
continuing along the Easterly line of said Parcel 1 South 34°34'26'' East 8.47 feet; thence
leaving said Easterly line of Parcel 1 South 15°00'39'' East 38.74 feet; thence South
74°59'21'' West 2.84 feet; thence North 15°00'39" West 46.72 feet to the TRUE POINT OF
BEGINNING.
Containing 121 square feet, more or less.
As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
BRIAN K. MICKELSON, L.S. No. 7320 Exp. 06/30/05
LICENSE EXPIRES: JUNE 30, 2005
~ No. 7320 ~.~
9941
EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION)
TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES
(~CENTERLINE OF 60.00 FOOT WIDE PARCEL BI. VD
76-0499-A OF EXISTING IRREVOCABLE OFFER TO
DEDICATE REAL PROPERTY FOR PUBLIC
HIGHWAY PURPOSES RECORDED JULY 21, 1976
AS FILE NO. 76-230528 OF OFFICIAL RECORDS.
POINT OF
BEGINNING SITE
PARCEL D-3
NORTHEAST CORNER
PARCEL 1 P.M. 4957
N 88"32'26" W VICINITY MAP
NO SCALE
.99'
~/'NORTHERLY LINE d~
PARCEL 1 P.M. 4957
~ ~~ ~ UNE
· _ ~ PARCEL 1
~ ~ ~ P.M. 4957
~ PA~C[L -J
~ TRUE POIN3
OF BEGINNING
~7'27~ W
PARCEL 1 P.M. 4957
~ PROPOSED QUAIL
GARDENS DRIVE
No, 7320 BRIAN K. MICKELSON, L.S. ~ 7320
MY LICENSE EXPIRES JUNE 30, 2005
~'~$ q~ A M E R ! C' 99~2
STATE OF CALIFORNIA
co.. o. ¢o o
....... p. t~, m9
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)~/ar-~
subscribed to the within instrument and acknowledged to me that I~sSe/t'h~y executed the same
i hr~h'e(/th~ir authorized capacity(les), and that b~/h~r/t71~r signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my ~ id and official seal.
Signature C
~ NOT~8L~FO~A-'
~s area ~ o~c~l ~ria[ ~al)
Title of Document
Date of Document -.3
No. of Pages
Other signatures not acknowledged
3008 (1/94) (General)
First American T'rtle bsurance Company
q..$~AME /~'~C' 9943
STATE OF CALIFORNIA_ }}ss.
COUNTY OF. ~1~,~ ~
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) L4/are'
subscribed to the within instrument and acknowledged to me that he/h~hey executed the same
in his/her/their authorized capacity(ies), and that by his/l~/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
Signature
'~ ~ '~ 00MM.¢1~5~8
~~ N~Y ~BUC4AU~RNIA
~(~ SAN DIEGO OOU~ 0
~ ~]
~ JUNE 21, 20~
~ ~ for ~i~ ~N ~
Date of Document )~ ~%~ C*~ No Of Pages
Other signatures not acknowledged ' ~ ~ ~ , ~.,
3008 (1/94J (GeneraJ)
RECORDED REQUEST OF
First American Title
9944
RECORDING REQUESTED BY:
THE CITY OF ENCINITAS
AND WHEN RECORDED, MAIL TO:
Attention: CITY CLERK
CITY OF ENCINITAS
505 South Vulcan Avenue
Encinitas, CA 92024-3633
NO ~'~ GOV. CODE
SECTION 6103. Space above this line for
Recorder's use only.
ASSESSOR'S PARCEL NO. 257-011-09-00
PUBLIC PROJECT NA~ME Quail Gardens Drive Extension ProSec~
CONSENT OF LIENHOLDER
For valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, WELLS FARGO HOME MORTGAGE, INC., a California
corporation ("Lienholder"), hereby consents to the grant of the
Easement Deed for slope and drainage rights and Temporary
Construction Easement by John Patrick Bishop and Kathleen Lynda
Bishop, Trustees of the John Patrick Bishop and Kathleen Lynda
Bishop 1997 Trust to the City of Encinitas, a municipal
corporation, as described in Exhibits "1" and "2" and attached
hereto, and joins in the execution solely as Lienholder and hereby
does agree that in the event of the foreclosure of the said
mortgage or other sale of said property described in said mortgage
under judicial or non-judicial foreclosure proceedings, or any deed
in lieu of such foreclosure proceedings, the same shall be subject
to said grants of easements to said City, and said grants of
easements shall not be affected thereby.
Dated: . ¢ --~J- O3
Consent Granted By:
WELLS FARGO HOME MORTGAGE, INC.
Lorna L.
Its: Vice President,
Loan Documentation
(ATTACH NOTARY)
9945
STATE OF ~RYLAND
COUNTY OF FREDERICK
BEFORE ME, the undersigned authority, on the day personally
appeared Lorna L. Slaughter, Vice President, Loan Documentation, of
WELLS FARGO HOME MORTGAGE, INC., a California corporation, known to
me to be the person and Officer whose name is subscribed to the
foregoing instrument and who acknowledged to me that she executed
the same for the purposes and consideration therein expressed, in
the capacity therein stated, as the act and deed of the said
corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS~d
200~. ay of
Notary Public
My Commission Expires: ~-O/-
NANETTE S. FRANCELLA
NOTARY PUBLIC STATE O~ MARYLAND
County of Freaerick
My Commission Expires March I, 2007