2004-1093791
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',' 'Recording Requested By: 8 )
City of Encinitas )
"When Recorded Mail to: )
City Clerk )
City of Encinitas )
C" 505 South Vulcan Avenue )
í (þ' Encinitas, CA 92024 )
itJ FOR THE BENEFIT OF THE CITY
f)C AJ1/Jr SPACE ABOVE FOR RECORDER'S USE ONLY
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Assessor's Parcel No. 254-254-09
D°l 2004- , 09379'
11111111111111111 111111111111111111111111111111111111111111111111111
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NOV 18, 2004 10:54 AM
OFFICIAL RECORDS
';AN DIEGO Coum\' RECORDER'S OFFICE
GREGOR' ' J. SMITH, Coumy RECORDER
FEES: 0.00 WAYS: 2
OC NA
PAGES: 7
I_UUU~UUUUUUUUU~I
EASEMENT FOR CITY HIGHWAY
DOCUMENT ARY TRANSFER TAX $ff
Planning Case.: 03-160 DR. MIN. CDP
Stephen M. Strother and Catherine S. Strother. as Trustees of the Strother 1996 Trust. as to a two-
thirds interest and Joanne M. Lehner. a married woman as her sole and separate property. as to a
one-third interest
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.
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oj 'The G~antor, 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.
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Dated this
tìV/k day of {)(,fí:í~' I .2004
Î' . ",]>,
l."tlr:Lc //,c~' . f:c7~-{~
OWNER's Signature Cln Hu./fl/e 5 Srf~fJrHE~
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Print Owner's Name
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Print Owner's Name
5IC-I!!/lL In,
Print 0 er's Name
SI t L ý-h r
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.
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By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
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Dated:
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NOTARY ACKNOWLEDGEMENT
Attention Notary - The information requested below is OPTIONAL. Recording of this document is not required by law
and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
This certificate must be attached to the d cume t descri ed below.
Title or Type of document 2(, I iï ~ \.. « ,
Number of pages Date of document
Signer(s) other than named below
Individual
STATE OF
COUNTY OF ~v\
} 55.
On t!1is.l~ of ~ (' in the year ~,
Before me 0<1 - :,(("1 ~V\ ,a, Notary Publi~, duly commissioned and. qualified in
above said County and State, personally appearecCM~INt: ç ~ [oft.. ~tu.( ~ .
Žpersonally known to me or ' ~.w1.lt- M. "'~Ik f
0 proved to me on this basis of satisfactory evidence consisting of an identifying document or
0 the oath of
to be the person(s) whose name(s)~/are subscribed to the within instrument and acknowledged to me that loIe/sRe/they
executed the same in .flisfI=Ier/their authorized capacity(ies), and that bY-Ais/herr'their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the same.
I ...~~..ÿ'ï>¡;..... TERRll. BEACH f
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\~~'rl SIn~ÇouI!tJ ....
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WITNESS my hand and official seal.
(Seal)
Wolcotts Fonns, our resellers and agents make no representations or
warranty, express or implied, as to the fitness of this fonn for any
specific use or purpose. If you have any question, it is always best to
consult a qualified attomey before using this or any legal document.
:iJJ(iJJ;](
CLASS 01
#63237
REV. 3-04
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SUBORDINATION AGREEMENT
WHEREAS, Ll ~~se... i~i::11 concerned, desire to~ have the Deed of Trust recorded
(ddlmm/YY)~~.J+~!ll?_:¡:-..: as FilelPage ~(JÞI-0<Zz,.~ 'flJl/J modification of Deed of
Trust recorded , as FilelPage 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.
BENEFICIARY or TRUSTEE
BY: rßÆk/çio/
. D ~ 8.3 I E S H 1'1' r E"/;'? If
Tit1e~J ¡ (JP-þ Pr'fS/d fJn-t
tíll;.ç, ß~k £1 Ty/fi.<;';-
(/ 1<6 J DtJ.
,
DATED
BENEFICIARY or TRUSTEE
BY:
Title:
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
thereof by its duly authorized officer,
DATE: If /f / f:)¿(
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BY: ." úi D"L
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
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CALI FORN IA ALL-PURPOSE ACKNOWLEDGMENT
~~~~~~..e<'~~~£<'~~~
State of califom~
County of ~
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On hI?! J> ~ "y
'Date '
J~y'
before
me,
Jé;:-ß ß¡ e-
personally
appeared
}ss
1/
s ci) U / ¡((:-'~
Name and Title of Officer (e,g" "Jane Doe, Notary Public")
..$; ),. ?t-fTl:IZ }/
Name(s) of Signer(s)
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 , - A -
Title or Type of Document: J V ($ 0 R. /) / ¡.J .A-- I / ð J..J r; .R b?;; /11 eV /
Document Date: II -? - ð Y Number of Pages: .5
¡<JC ))c--
€I v. 5Q8ES
, CommIIS6OO # '.25050
i ~ Notary PublIc - Ca8omIa
t San DIegO CounIV
. MvComm. EJrP8IJun 16,
Place Notary Seal Above
Signer(s) Other Than Named Above:
~ personally known to me
D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are 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 by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Capacity(ies) îlaimed by 519, ner(s) -
Signer's Name: eß ~ J E;- S' t.../r-7--rt:: r<- y
"tJ Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
~ é-l.. r-
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D G eral
D Attorney in Fact
D Trustee
D Guardian or Con
D Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
/
Signer Is ~resenting:
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@ 2004 National Notary Association' 9350 De Soto Ave" P,O, Box 2402. Chatsworth, CA 91313-2402 Item No, 5907 Reorder: Call Toll-Free 1-800-876-6827
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EXHffiIT A
Legal Description
DEDICATION
TIIA T PORTION OF LOT 3 IN BLOCK 3 OF SOUTH COAST PARK, IN THE CITY OF ENCINIT AS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING 10 MAP THEREOF NO,1776, Fll-ED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
STREET DEDICATION
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 3 AS SHOWN ON SAID MAP NO. 1776, SAID
CORNER LIES ON THE EASTERLY RIGHT OF WAY LINE OF VULCAN AVENUE; THENCE
NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 3 NORTH 74°16'30" EAST 5.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE AND PARALLEL 10 SAID RIGHT OF WAY LINE OF VULCAN
AVENUE, SOUTH 15°43'30" EAST 80,00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3 IN
BLOCK 3 OF SOUTH COAST PARK; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE SOUTH
74°16'30" WEST 5.00 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE OF VULCAN AVENUE,
SAID POINT BEARS SOUTH 15°43 '30" WEST FROM mE POINT OF BEGINNING; THENCE ALONG SAID
RIGHT OF WAY LINE NORTH 15°43 '30" EAST 80,00 FEET TO THE POINT OF BEGINNING.
CONTAINS 400 SQ. FT.
PREPARED BY:
Mik Hamada
925 CimaIron Terrace
Escondido, CA 92029
(760) 489-5834
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EXHIBIT "B"
DEDICATION PLAT
LEGEND
BASIS OF BEARINGS: THE CENTEf?LINE OF HEf?MES AVENUE AS SHOWN ON R.O.S. 11129;
I.E., N 15.43'30" W.
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INDICATES DEDICATION AREA - 400 SF
ASSESSOR'S PARCEL NO. 254-254-09
REFEf?ENCE DRAWINGS:
M 1776
ROS 11129
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N 7\~gJO
rO\~1\ON
5' OLII
'30" E
15"43 O.
5 50.0
.. W
5 74'~~~~?
PREPARED BY:
MIK HAMADA, RCE 25586
925 CIMARRON TERRACE
ESCONDIDO, CA 92029
PH: (760) 489-5834
DA TE: OCTOBEf? 2004
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