2004-1012754
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Assessor's Parcel No. 254-351-16
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Recording Requested By:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
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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.,
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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
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-~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
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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,," "','"" ',", ""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
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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:
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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:
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«: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
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~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.
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'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.
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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
..
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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.
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COASTAL LAND SOLUTIONS
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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-~:;: