2004-1152182
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Recording Requested By: 8
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
f?p 505 South Vulcan Avenue
W Encinitas, CA 92024
~ Cl'f:~ FOR THE BENEFIT OF THE CITY SPACE AI 1IIIIIIIIIIIIUIIIUI~IIII.I~lilllllllllllllllllalil~111
tJ GRANT DEED OF RIGHT-OF-WAY FOR PUBLIC ROAD PURPOSES
y~,,~~ íXJCUMENTARY TRANSFER TAX $/0
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1", Assessor's Parcel No. 216-030-57 Project N~.: 03-175
/y W.O. No.. 9094-G
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DOC # 2004- 1 1 521 82
11111111111111111111111111111111111111 1111111111111111111111111111
DEC 07, 2004 3:53 PM
OFFICIAL RECORDS
~3p.N DIEGO COUNTY RECORDER'S OFFICE
GREGOR'( J. SMITH, COUNT'y' RECORDER
FEES 0.00 'v./,t.,YS 2
OC NA
PAGES 9
James A. Heiser
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate an easement to the City
of Encinitas, 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, 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 easement.
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Dated this / :2~ day of ð~7¿1ß~ 2004
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OWNER:
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J s A. Heiser
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ISignature of Owners to be notarized.
Attach the appropriate acknowledgments.
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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 November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
:::1f£d~ ~
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
(Notarization not required)
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ATTACHMENT 'A'
Dedication at Real Property tor Right-at-Way Purposes
Legal Description
124 La Costa Avenue
All that portion of the Southeast Quarter of the Southwest Quarter of Section 33,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of
San Diego, State of California, according to official plat thereof and described as follows:
Beginning at the point of intersection of the centerline of the Vulcan Connector Road and
the centerline of La Costa Avenue as shown on Attachment 'B' hereon; thence departing
perpendicular to the centerline of said La Costa Avenue North 16°53'12" West, 30.00
feet to the northerly Right-of-Way of said La Costa Avenue; thence along said
northwesterly Right-of-Way South 73°06'48" West, 13.00 feet to the easterly boundary
line of the real property described per deed of James A. Heiser, recorded in the office of
the County of San Diego recorder on May 19, 2003 as Document No. 2003-0583568,
said point also being the True Point of Beginning for this Legal Description,
1) Thence South 73°06'48" West along said northwesterly Right-of-Way, 15.79 feet to
the beginning of a curve concave southeasterly, having a radius of 730.00 feet;
2) Thence southwesterly along said curve and said northwesterly Right-of -Way
through a central angle of 15°06'41" an arc length of 192.53 feet to the beginning
of a non-tangent line, said non-tangent line being the westerly boundary line of the
land describes in said deed of James A. Heiser and being the easterly Right-of
Way of the Atchison, Topeka and Santa Fe Railroad Company, formerly the
California Southern Railroad Company, as approved by the Department of Interior,
May 12, 1881 under the act of congress of March 3, 1875;
3) Thence along said non-tangent line North 15°02'09" West, 17.75 feet to the
beginning of a non-tangent curve concave southeasterly, having a radius of 747.00
feet;
4) Thence northeasterly along said curve parallel with and being 17.00 feet northerly
of the above mentioned northwesterly Right-of-Way of La Costa Avenue, through a
central angle of 14°42'51" an arc length of 191.84;
5) Thence continuing along a line parallel with and being a17.00 feet northerly of said
northwesterly Right-of-Way, North 73°06'48" East, 20.67 feet to the easterly
boundary of said land per deed of James A. Heiser;
6) Thence South 00°51'39" East, 17.69 feet to the True Point of Beginning.
Contains 3,577 Sq.Ft. (0.082 acres)
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RIGHT-OF-WAY S
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GRAPHIC SCALE
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ATTACHMENT IBI
Dedication at Real Property tor Right-at-Way Purposes
Plat
124 La Costa Avenue, Encinitas, CA
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A.P.N.216-030-57
r7.7/1 AREA OF DEDICATION
f" ¿ ¿ A 3,577 SQ. FT. (0.082 ACRES)
20.67'
BEGIN CURVE
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PER (A21-1) R.S. 1796
- - { } INDICATES DATA PER DEED OF JAMES A. HEISER
RECORDED IN THE OFFICE OF THE COUNTY OF
OF SAN DIEGO RECORDER ON MAY 19. 2003, AS
DOCUMENT No. 2003-0583568.
( ) CENTERLINE AND BOUNDARY OF RIGHT-OF-WAY DATA
AS SHOWN ON SHEET 5 OF 9 ON COUNTY OF SAN DIEGO
DRAWING FOR LA COSTA AVENUE (A-21-1)
RIGHT-OF-WAY MAP FOR R.S.1796.
CONNECTOR RD.
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SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded h'A-Y 1~lzÞb~
~3 "'ÞSO ~(p~ , 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.
BENEFICIARY or TRUSTEE
BENEFICIARY or TRUSTEE
Title:
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SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded fnþ'f "JU>o3
'ZcÞ3-0S8'3sG., , 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.
BENEFICIARY or TRUSTEE
BENEFICIARY or TRUSTEE
BY:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of ~ 1ð'1e:Jlj
On ilit. /t3 ¡ dOD 4-
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Date
before me, ~rrA/'- J J...1~~,
I Name and TItle °¡o¡;; (:g., "Jane Doe, Notary Public")
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Name(s) ~ Signer(s)
personally appeared
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proved to me on the basis of satisfactory
evidence
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to be the person(s) whose name(s) j§/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/nër7fheir authorized
capacity(ies), andfuat by his/her/their
signature(s) on the instrument the person(s), or
The entity upon behalf of which thepërSon(s)
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acted, executed the instrument.
f8'" - KAREN J. McKEAN 1
"If Commission ~1346394 ~
~ Notary Public - California( )
> San Diego County .þ.
l ~ ,Commission Exp. þ,pril 11, ZO?~J
WITNESS my hand and official seal.
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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.
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Description of Attached Document
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Document Date: Yf.
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Signer(s) Other Than Named Above:
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It> 1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402' www.nationainotary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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to be the person~hose name& is/~
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that--¡)ÿ his/her/-
signature(s) on the instrument the person..w, or
the entitYupon behalf of which the persoQ.(§).
acted, executed the instrument.
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WITNESS my hand and official seal.
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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
11IIe or Type of Doc,ment ~Jr:. 2¡~~~ fjr~c..-
Document Date: f.1(}\J. If1D Num~er of Pages:
N/A
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Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
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D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
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Signer Is Representing:
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@ 1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402 . www.nationainotary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-800-876-6827
8
. . I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Rêsolution 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.
8
DATE: /1150104-
. I /
BY: Ilk (}L,IJL
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
4