2005-498523
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Recording Requested By:
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City of Encinitas
When Recorded Mail to:
City Clerk
City ofEncinitas
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE BENEFIT OF THE CITY
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)SP ACE ABOVE FOR RECORDER'S USE ONLY
DOC # 2005-0498523
111111111111111111111111111111111111111111111111111111111 11111 11111111
JUN 14,2005 3:47 PM
OFFICIAL RECOROS
SAN OIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00 VlAy'S:
OC: NA
PAGES 11
2
111111 0111111111111111111111 01111111 11111111111' Hili 1111 I1II111111
EASEMENT FOR CITY mGHWAY AND SLOPE RIGHTS
259-310-41
Project No.: 04-202 CDP
9274-G
Bryan Baglev and Lindsav Duff. Co-Trustees of the Bryan Baglev and Lindsav Duff Trust U/D/T
dated February 3. 2003.
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate t9 the City ofEncinitas,
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 EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY
THIS REFERENCE,
Together with the right, but not the obligation, to extend and maintain slopes and appurtenant
structures beyond the right of way over and across that certain real property in the City of Encinitas,
County of San Diego, State of California described as follows:
SEE EXHIBIT "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
9274-G, 04-202 CDP, Easement for City Highway and Slope, Bagley, Seeman Dr and Encinitas
Blvd, 4-13-05 1
-
deem proper, 'needful, or necessary, in the construction, reconstruction, improvement, or
maintenance of said highway as shown in said Exhibit "A",
The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all
damages to Grantor's dedicated property conveyed by reason of the location, construction,
landscaping or maintenance of said highway and slopes as shown in said Exhibits "A" and "B",
9274-0, 04-202 CDP, Easement for City Highway and Slope, Bagley, Seeman Dr and Encinitas
Blvd, 4-13-05 2
,
CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT
State of
County of
On fII~ .1~E2 t/T)5
personally appeared
o personally known to me - OR .
No. 5907
before me,
..u,
CORNELIA A.IWICR
0-..... ....., tlASZ11
NaIaIr ... . cca... 010
Ian 11IIOO ~
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 ac-
knowledged 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.
y hand and official seal.
\
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. .
o PARTNER(S)
o liMITED
D GENERAL
TITLE OR TYPE OF DOCUMENT
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o ATTORNEY.iN.FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
o OTHER:
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184
. .
. 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.
Dated:
By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
9274-G, 04-202 CDP, Easement for City Highway and Slope, Bagley, Seeman Dr and Encinitas
Blvd, 4-13-05 3
SUBORDINATION AGREEMENT
WHEREAS, those parti,$! concerned, desire to have the Deed of Trust recorded
(ddlmm/yy) -4- -~ - 0 ~ , as FilelPage No. OS'"- 'Z~ l/~ -S- and modification of Deed of
Trust recorded fVo"''E. , as FilelPage No. NO,"" c;;: , 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 ofTrust.
BENEFIC~Y or TRUSTEE
BY: .
----
Title:Y;v!~I/~aSJO wV
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DATED
~tI/N4
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DATED
Signatures to be notarized.
Attach the appropriate acknowledgrnen ~ .
9274-G, 04-202 CDP, Easement for City Highway and Slope, Bagley, Seeman Dr and Encinitas
Blvd, 4-13-05 4
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of
}ss.
On
personally appeared
enf
,
J - - - - ~~~:7 - ~
~ ~ Notary PubIc . CaIIIomIa ~
~~~:;~~~2~7l
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' s ent.
Place Notary Seal Above
OPTIONAL
Though the information below ;s 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 Docume~bw.-,Lc 'ccfz . . ~..heLtVL.Ul_;f-
Title or Type of Document: c;:: A/L (/VU
Document Date: Number of Pag .
Signer(s) Other Than Named Above;
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trusfee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
@ 1997 National Notary Association. 9350 De Sata Ave., P.O. Box 2402. Chatsworth, CA 91313.2402
Prod. No. 5907
Reorder: Call Toll-Free HIOO-87&6827
. 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 duIy authorized officer.
DATE: ~/~/o~-
BY Wl~
Peter Cota-Robles '-...
Director of Engineering Services
City of Encinitas
9274-G, 04-202 COP, Easement for City Highway and Slope, Bagley, Seeman Dr and Encinitas
Blvd, 4-13-05 5
. .
EXHIBIT A
A PORTION OF THAT LAND DESCRIBED IN DOCUMENT RECORDED MAY 6,
2004 AS DOC# 2004-0411432, IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO, STATE OF CALIFORNIA, TO BRYAN BAGLEY AND LINDSEY
DUFF, CO-TRUSTEES OF THE BRYAN BAGLEY AND LINDSEY DUFF TRUST,
UDT DATED FEBRUARY 3, 2003, L YlNG SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE;
BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND; THENCE, ALONG
THE WESTERLY LINE OF SAID LAND, NORTII 000 46' 22" EAST, 12.01 FEET TO
THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE ARC OF A
738.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY TO WIllCH A RADIAL
LINE BEARS SOUTII 240 34' 36" WEST; THENCE, LEAVING SAID WESTERLY
LINE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 280
59' 20" AN ARC DISTANCE OF 373.39 FEET TO THE BEGINNING OF A 30.00
FOOT RADIUS COMPOUND CURVE, CONCAVE NORTIIWESTERL Y TO WIllCH
A RADIAL LINE BEARS SOUTII 040 24' 44" EAST; THENCE, EASTERLY AND
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 84041'
30" AN ARC DISTANCE OF 44.34 FEET TO THE POINT OF TERMINATION ON
THE EASTERLY LINE OF SAID LAND, SAID POINT OF TERMINATION BEARS
NORTII 00053' 46" EAST 15.59 FEET FROM THE NORTIIERLY TERMINUS OF
THAT 25.00 FOOT RADIUS CURVE AS SHOWN ON RECORD OF SURVEY 8891
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
STATE OF CALIFORNIA ON DECEMBER 17,1981 AS FILE NO. 81-395389.
~/L.~
GARY K. PIRO
R.C.E. 24000
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EXHffiIT B
EASEMENT
A PORTION OF THAT LAND DESCRIBED IN DEED RECORDED MAY 6, 2004 AS
DOC# 2004-041143;2, IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO, STATE OF CALIFORNIA, TO BRYAN BAGLEY AND LINDSEY DUFF,
CO-TRUSTEES OF THE BRYAN BAGLEY AND LINDSEY DUFF TRUST, UDT
DATED FEBRUARY 3, 2003, LYING WITIllN THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LAND; THENCE,
NORTHERLY ALONG THE WESTERLY LINE OF SAID LAND, NORTH 000 46'
22" EAST, 12.01 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT
BEING ON THE ARC OF A 738.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY TO WlllCH A RADIAL LINE BEARS SOUTH 240 34' 36" WEST;
THENCE, LEAVING SAID WESTERLY LINE, EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 280 59' 20" AN ARC DISTANCE OF 373.39
FEET TO THE BEGINNING OF A 30.00 FOOT RADIUS COMPOUND CURVE,
CONCAVE NORTHWESTERLY TO WlllCH A RADIAL LINE BEARS SOUTH 040
24' 44" EAST; THENCE, EASTERLY AND NORTIIERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 840 41' 30" AN ARC DISTANCE OF 44.34
FEET TO THE EASTERLY LINE OF SAID LAND, SAID POINT BEARS NORTH
00053' 46" EAST 24.64 FEET FROM THE NORTHERLY TERMINUS OF THAT
25.00 FOOT RADIUS CURVE AS SHOWN ON RECORD OF SURVEY 8891 FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE
OF CALIFORNIA ON DECEMBER 17, 1981 AS FILE NO. 81-395389, THENCE,
NORTHERLY ALONG THE EASTERLY LINE OF SAID LAND, NORTH 000 53' 46"
EAST, 9.05 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY TO WlllCH A RADIAL LINE
BEARS SOUTH 890 06' 14" EAST; THENCE, SOUTHWESTERLY ALONG SAID
CURVE, THROUGH A CENTRAL ANGLE OF 83048' 29" AN ARC DISTANCE OF
29.25 FEET TO THE BEGINNING OF A 720.00 FOOT RADIUS CURVE, CONCAVE
NORTHERLY TO WlllCH A RADIAL LINE BEARS SOUTH 050 17' 45" EAST;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
300 30' 22" AN ARC DISTANCE OF 383.35 FEET TO THE WESTERLY LINE OF
SAID LAND, SAID POINT BEARS NORTH 000 46' 22" EAST 19.72 FEET FROM
THE TRUE POINT OF BEGINNING; THENCE, SOUTH ALONG SAID WESTERLY
LINE, SOUTH 000 46' 22" WEST, 19.72 FEET TO THE POINT OF BEGINNING.
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