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2004-1012754 Flo Sf d.UJ ~) F FOR THE BENEFIT OF THE CITY OC lUff- SPACE ABOVE FOR RECORDER'S USE ONL Y I Co fl t{Y1 If.') ~ Jr Assessor's Parcel No. 254-351-16 - Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 8 ) ) ) ) ) ) ) DOC. 2004-1 012754 ¡ 1111111 1111/1111 11111 11111 1111/11111 IIII! 11111111111111111/1111111111 OCT 26, 2004 3:55 PM CiFFICIÞ.L RECORD~; '~,6.N DiEGO cour'n'" RECiJFJDEF:'S OFFICE CiFrEGOR\'j, ~:,HITH" DJU~,Jr/ F:ECORDEF: FEES IJOCi \.v'A'r":, DC N,t., F',t.,Cl E ~; 8 2 111~II~WWIWllwwml EASEMENT FOR CITY HIGHWAY Building Permit.: 04-438 John F. Carter, Jr. and Christina Carter, husband and wife as joint tenants hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate 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 EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE, The Grantor hereby further grants to the 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 a manner and at such locations as said Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said highway. ,~ The Grantor, for himself, hi.ccessors and assigns, hereby waives' claim for any and all damages to Grantor's dedicated property conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this day of ,2004 ~¿~;/ -~hV1 r: Gal/' te.f' "37, Print Owner's Name: QlJ!\A£Ib@(hJ\ÅjL /1 OWNER's Signature: (2' . Print Owner's Name: Signature of Owners to be notarized. Attach the appropriate acknowledgments. This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on February 3, 2004 and the grantee consents to recordation thereof by its duly authorized officer. Dated: By: Peter Cota-Robles Director of Engineering Services City of Encinitas 8 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - - - - - - - - -- - - - - - - - - - - -- ,," "','"" ',", ""C',-,,-C'~ State of california. } 55, I County 0' ~ ~ ~ On ad ,r,; ,.')() () 1. ' before me~¡}.¡t)oA 4 ¡l( /d-;J7)J R, ,() J:ffJ1-. ~ c, I personally ap;::red CJ7JHI.j (Ct//KI:5~ï;Aof~~JñeRr¡pubhC") ~ Name(s) of Signer(s) ~ 0 personally known to me ~ved to me on the basis of satisfactory evidence ----- to be the person(s) whose name(s) i~ subscribed to the within instrument and acknowledged to me that he/s 'êy e ecuted the same in his/he ." their authoriz capacity(ies), and that by his/he heir signature(s) on the instrument the person s , or the entity upon behalf of which the person(s) acted, executed the instrument. IAttDA G. MIUJOUR t (I 001.,"""'8920'5 I Nile: . C8IIfonII8 Sa& Dleto Count)' t, My COmmission Exp. Jan. 6. 2007j ...................... Place Notar¡ Seal Above I, 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 reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ~ I ~ I I @ ~ ~ '.' . ,~ -'- ~ .:c. -"', Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: - - - '- - . '... - - - - - - - - - ~ - - - - - - '- - - «:11997 National Nolar¡ Association' 9350 De SolO Ave" P,O. Box 2402' Chatsworth, CA 91313-2402 Prod, No, 5907 Reorder: Call Toll-Free 1-800-876-6827 , ~ I I .'1 ,~ I ~ ~ ~ I ~ I ~ ~ ~: ! J J I ~ORDINATION AGREEMENT 8 WHEREAS, those parties concerned, desire to have the Deed of Trust recorded (dd/mm/yy) 26/04/04 , as File/Page No. 04-0361577 and modification of Deed of Trust recorded , as File/Page No. , subordinated to Easement for City Highway for PUBLIC RIGHT OF WAY ("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. BENEFI?~Y or TRUSTEE BY: /~ ~- BENEFICIARY or TRUSTEE BY: Karen Scanlan Title: Title: Real Estate Manager/San Diego County Credit Union /tJ-ltf-1o0tf DATED DATED Signature of Owners to 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 accepts and consents to the making of the foregoing Subordination Agreement and consents to recordation thereofby its dilly authorized officer. DATE: /r~~~ BY: ~ fJ! ;2L- Peter Cola-Robles Director of Engineering Services City of Encinitas '.. CALIFORNIA ALL-PURPOS"CKNOWLEDGMENT 8 State of California County of San Diego On October 19. 2004 DATE before me, Sharon Thomson. Notary Public. NAME, TITLE OF OFFICER - E.G" "JANE DOE, NOTARY PUBLIC" personally appeared KAREN SCANLAN J8I. personally known to me - OR - D NAME{S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. r----------- 'i SKAAON ~ -- -- J ~. Commission'1318760 z ~z i"'8 Notary PU~lic - California ~ San Diego County i My Comm. Expires Sep 22,2005 , - - .... WITNESS my hand and official seal. " xfh//!J1 ¿-¡ CJtf ~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL ]I CORPORATE OFFICER REAL ESTATE MANAGER EASEMENT FOR CITY HIGHWAY TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D D LIMITED GENERAL 2 D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: NUMBER OF PAGES October 19, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SAN DIEGO COUNTY CREDIT UNION SIGNER(S) OTHER THAN NAMED ABOVE: RG NOTARY .. 8 8 EXHIBIT" A" LEGAL DESCRIPTION THAT PORTION OF LOT 40 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JANUARY 25, 1927, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERL Y LINE OF SAID LOT 40, DISTANT THEREON, NORTH 5°26'25" WEST, 17.20 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 40; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 40, SOUTH 84°33'35" WEST, 218.00 FEET; THENCE NORTH 5°26'25" WEST, 105.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 5°26'25" WEST, 105.77 FEET TO THE NORTHERLY LINE OF SAID LOT 40; THENCE ALONG THE NORTHERL Y LINE OF SAID LOT 40, SOUTH 89°49'30" EAST, 219.05 FEET TO THE NORTHEAST CORNER OF SAID LOT 40; THENCE ALONG THE EASTERLY LINE OF SAID LOT 40, SOUTH 05°26'25" EAST, 95.00 FEET; THENCE SOUTH 87°21'34" WEST, 218,26 FEET TO THE TRUE POINT OF BEGINNING. SE~959 'f-~l~t " - lD LD C\J orl (1) I ~ orl C\J LD 3: rrl I : "'3" -q- LD (T1 C\J ~ C\J Z 0 Cl.. I"- 4: (1) (J) -- EXlßBIT "B" I I I I N05°26'25"W 105.77' C?!Æ) lD ~;! orl §~~ I orl 0 a II) LD l!!!!I@ 0 rrl a@~ m I "'3" i~1 ~ LD C\J C\J W : Z 0 Cl.. 2S (T1 4: m -q- ° Q m ~1:!? (1) §<J (J) ~S CJ"Ç] Q !§~ ~Qj $",° 9::Q 0 QC) ~'i ~ ~ S05°26'25"E 95.00' ~ C\J SAXONY fWAD 0 C\J r * - SCALE: 1"=40' CLS#151 COASTAL LAND SOLUTIONS / 8 8 EXHmIT "B" LEGAL DESCRIPTION THE EASTERLY 10 FEET OF THAT PORTION OF LOT 40 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JANUARY 25, 1927, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EASTERLY LINE OF SAID LOT 40, DISTANT THEREON, NORTH 5°26'25" WEST, 17,20 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 40; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 40, SOUTH 84°33'35" WEST, 218,00 FEET; THENCE NORTH 5°26'25" WEST, 105.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 5°26'25" WEST, 105.77 FEET TO THE NORTHERL Y LINE OF SAID LOT 40; THENCE ALONG THE NORTHERL Y LINE OF SAID LOT 40, SOUTH 89°49'30" EAST, 219.05 FEET TO THE NORTHEAST CORNER OF SAID LOT 40; THENCE ALONG THE EASTERLY LINE OF SAID LOT 40, SOUTH 05°26'25" EAST, 95,00 FEET; THENCE SOUTH 87°21 '34" WEST, 218.26 FEET TO THE TRUE POINT OF BEGINNING. ~~~59 1-~:;: