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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