2005-547119
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
_ Enelnitas, CA 92024
g~fT FOR THE BENEFIT OF THE CITY:
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Recording Requested By:
DOC # 2005-0547119
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JUN 29, 2005 10:21 AM
OFFICIAL RECOROS
SAN OIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECOROER
FEES: 0,00 WAYS: 2
OC: NA
PAGES: 7
City of Encinitas
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2001 0...711.
SPACE AIIeW..... [
.""Y
12229
EASEMENT FOR PEDESTRIAN ACCESS
Assessor's Parcel No.
261-150-38-00
MUPIDRICDP
Project No.: 7435-G
W.O. No.: 98-123
TEMPLE SOLEL OF NORTH SAN DIEGO COUNTY, INC., A CALIFORNIA NON-PROFIT
CORPORATION
Hereinafter called GRANTOR(SI. do(esl 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
pedestrian access 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 NAN AND NBN ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
The Grantor hereby grants to the City of Encinitas (CITY, hereinafter) the privilege and right to
extend drainage structures and excavation and embankment slopes beyond the limits of the herein
described right-of-way where required for the construction and maintenance of said pedestrian
access. Reserving unto the GRANTOR of the above described parcel of land, his successors or
assigns, the right to eliminate such slopes andlor drainage structures or portions thereof when in the
written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting
other protection, support andlor drainage facility, provided such substitution is first approved in
writing by the City Engineer.
The Grantor hereby further grants to the Grantee all trees, growths, (growing or that may hereafter
growl. 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 right-at-way.
12230
The Grantor, for himself/herself, 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 right-of-way.
Dated this J~ day of ") ..."e, ,2005.
By:
OWNER's Signature
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
This is to certify that the interest in the 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 the 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.
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Dated:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
12231
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
County of
~Cl4\ 1::>', ~I'.
} ss.
State of California
personally appeared rn'j~ :\'....c.k...
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On -:5lM\Cl- Is :la"" , before me,
Date .
Name(s) of Signer(s)
o personally known to me
;H-vroved to me on the basis of satisfactory
evidence
'i M.~
~t1139'982
NoIary PublIc . CaIIlomIa
San Diego County
Ml'Comm. bpNIDec 27, 2006
to be the person(~ whose name(~ is/Me
subscribed to the within instrument and
acknowledged to me that he/i:Rll'tRllY executed
the same in his/Rer/li'leir authorized
capacity(ia&j., and that by his/ooflttlair
signature(-ron the instrument the person(t), or
the entity upon behalf of which the person(~
acted, executed the instrument.
Place Notary Seal Above
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
Title or Type of Document: 9{j~__,,-'" ~ (k~~""," ~c.(.'-sS
'"S t..>-Q. (':> .}oDS
.
Document Date:
Number of Pages:
1../
Signer(s) Other Than Named Above: \'\0<'\12-
Capacity(ies) Claimed by Si~er
Signer's Name: {'V\ 0~ ---1;""c..hc;
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
f'j- Other:*O'!.'~
Signer Is Representing:\O",,\>1o Scle\ bi' ~" ~ D;~ ~~ "'U\c
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
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C 1999 National Notary Association' 9350 De Solo Ave., P.O. Box 2402' Chatsworth, CA 91313-2402' www.nalionalnotary.org
Prod. No. 5907
Reorder: Call Toll-Free 1-8O(}.B76-6827
11,
12231
EXHIBIT 'A'
LEGAL DESCRIPTION
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP NO. 15896, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 14, 1998,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 26, SAID POINT BEARS N 89.25'36" W
63.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 26, AS SHOWN ON
SAID RECORD OF SURVEY MAP; THENCE SOUTHERLY ALONG A LINE 63.00 FEET
WESTERLY, AND PARALLEL WITH THE CENTERLINE OF MANCHESTER AVENUE,
AS SHOWN ON SAID RECORD OF SURVEY MAP, SOl 004'29" W 58.11 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE
S 01004'29" W 30.45 FEET; THENCE N 88055'31" W 6.50 FEET; THENCEN 01004'29" E
30.45 FEET; THENCE S 88055'31" E 6.50 FEET TO THE TRUE POINT OF BEGINNING.
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DATED
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LNE COR.
T.P.O.B. SEC. 26
T13S R4W
S.B.M.
EXHIBIT I B I
PM 'J'J 058
N 89'25'36" W 672.81'
(N 89'25'36" W 609.79' R.O.S. 15896)
S88'55'31"E
6.50'
N01'04'29"E
30.45'
N88'55'31"W
6.50'
S01'04'29"W
30.45'
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PORTION
E 1/2, NE 1/4, NE 1/4
SECTION 26
T 1 3 S, R 4 W
S.B.M.
ROS 15896
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- - - ~ INDICATES CENTERLINE OF
I RIGHT OF WAY I
I I / / / / /I ~ INDICATES PEDESTRIAN I
ACCESS EASEMENT
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(S 89'25'42" E 650.83' R.O.S. 15896) )
S89'25'35"E 650.88'
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TEMPLE SOLEL
ACCESS EASEMENT PLAT
ENCINITAS, CA
BURKETT AND WONG ENG. fi)
3434 FOURlH AIlE.
SAN DIEGO, CA 92103
SCAlE: 1" - 50'
JOBI 7499W
DA"IE: JUNE 8. 2005
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12234
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded
(dd/mmlyy) So ~tLbv-c.i ~t.f, as File/Page No. .Joo".oo?1/~
subordinated to Easement for Ci Pedestrian Access 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:~
Title:-1[lm. 'Pw/1l&oN
~f\.O 131 l!YY5
DATED
BENEFICIARY or TRUSTEE
BY:
Title:
DATED
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
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: 6/Z Z /~~-
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By:J)l (1. f)A--
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
.4
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12235
CALIFORNIA
_ ALL-PURPOSE_
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF c:JP, y. '~L}o
On ~.M--t 13. db()~ before me,
DATE
t:7; ~S-e-<f'h (' 0J';; I LIe
NAME, TITLE OF OFFICER. E.G" "JANE DOE, NOTARY PUBLIC"
personl!lly appeared, nl~....,-- . K. ~jv'J
personally known to me (01 plowed to III'" un the basiS ot satlsfi:l\01:u11llvieleAoo) to be the person(~
whose name~ isJafe subscribed to the within instrument and acknowledged to me that.fie/shel
~executed. the same in flistherllAeiF- authorized capacity(~. and that byRislherJ1l:l9ir
signature<,l on the instrument the person(~, or the entity upon behalf of which the person(Sf acted,
executed the instrument.
i~Jut-- OCJ)~
NOTARY PUBLIC SIGNATURE
(SEAL)
EUZABETH CHADWICK
COMM. .1563311 .
NOtARYPIaIC · CAUFORNA !i
SAN DIEGO COUNtY
CommiSSion ExpIm . 19. 2009
WITNESS my hand and official seal.
.
OPTIONAL INFORMATION
........
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TITLE OR TYPE OF DOCUMENT ~60.til.,. ,,,j~ (r~ *#-U') ,,--,.,J-
DATE OF DOCUMENT ~-.u.. 13. c).OD~ NUMBER OF PAGES I
SIGNER(S) OTHER THAN NAMED ABOVE
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