2006-505200
~ Recording requested by: )
)
City of Encinitas )
)
~~o. When recorded mail to: )
~~'Jt )
City Clerk )
City of Encinitas )
'\ 505 South Vulcan Avenue )
Encinitas. CA 92024 )
For the Benefit of the City
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D~ # 2006-0505200
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JUL 18, 2006 3:42 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY R~DJRDEF:'S OFFICE
GREGORY J. SMITH COliNrr' RECORDER
FEES: 0.00 'WI'.\'S. 2
DC Ntl,
PAGES: 7
II~~IIIIIMIIIII~I
SPACE ABOVE FOR RECORDER'S USE ONLY
PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT
Assessor's Parcel
No. 260-071-27
W.O. No.: 05-149 COP
9575-G
Kenneth Graziano. a married man as his sole and separate prooertv.
hereinafter designated Grantor(s) do(es) hereby grant unto the City of Encinitas herein designated
Grantee, its successors and assigns, a perpetual easement upon, through, under, over and
across the hereinafter described real property for pedestrian access and use, for drainage, and for
the installation, construction, maintenance, repair, replacement, reconstruction and inspection of
public utilities, including, but not limited to, electric, gas, telephone, cable television, sewer, water,
storm drain, appurtenant facilities, and all structures incidental thereto, together with the perpetual
right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction
interfering with the use of said easement by the Grantee, its successors or assigns. To have and
to hold said easement unto itself and unto its successors and assigns forever together with the
right to grant said easement, or any portion of said easement, to other public agencies.
The portion of real property referred to above and made subject to said easement by this grant is
situated in the City of Encinitas, County of San Diego, State of California, and is particularly
described as follows:
See Exhibit "A" and Exhibit "B" attached hereto and made a part hereof by this reference.
There is reserved to the Grantor, his successors and assigns, the right and privilege to use the
above described land at any time, in any manner and for any purpose provided it does not
interfere with the right and privilege of use granted to the Grantee, its successors and assigns.
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Grantor, for himself, his successors and assigns, hereby waives claim for any and all damages to
Owner's remaining property contiguous to the right-of-way hereby conveyed by reason of the
location, construction, landscaping or maintenance of said easement.
Dated this
g'fJ1
day of
M r-rrc.-tj
,2006.
[Signature of GRANTOR must be notarized. Attach the appropriate acknowledgement.]
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Resolution 94-1-70f said Council adopted on November 9,1994 that the City of Encinitas accepts
the foregoing Grant of Easement granted hereon, and con raco ation the f its duly
authorized officer.
Date: ? II tJ /,,~ By:
( I
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
County of ,:s'ttn <;j) I C~ ss.
On Mlttt.h r' 0100" before me, 7?~JT~ml:.:..~~~~p~~r1 fJ4
personally appeared _1<e hJ1et.1, J:;o-nltlJ Grlf'L("'N~ ,
Name(s) of Signer(s)
D personally known to me
J!"... proved to me on the basis of satisfactory
evidence
. DWMLAWN
eomn.., # 1..13768
NoIaIy NlIc . CaIbnIa f
Ian OlIgo eo.nv -
_ea........26.2OO7
to be the person(s) whose name. is18
subscribed to the within instrument and
acknowledged to me that htd. ,- I executed
the same in hisn '11..:1. authorized
capacity.), and that by his/I'll ;,
signatureS) on the instrument the person!t), or
the entity upon behalf of which the person(l-)
acted, executed the instrument.
t... /rile J
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: (?eJas4,;'J /lQ:~S.J ) 2)"'~/I)~JC' ;' (in. ulti6 &se
Document Date: 0::1 - 0 i - ~ Dr, Number of Pages: ,;;
Signer(s) Other Than Named Above: f~..:fe,.. G-1t9 -~bt.c s
Capacity(ies) Claimed by Signer
f(eh n4:n c;tllU~d
Signer's Name:
Signer Is Representing:
~ Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
C 1999 National Notary Asaoclation . 9350 De Solo Ave.. P.O. Box 2402' ChaIswotth. CA 91313-2402' www.nalionalnotary.org
Prod. No. 5907
_r: Call Toll-Free 1-800-87~
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SUBORDINATION AGREEMENT
MIN 100020000266302698
Whereas, those parties concerned, desire to have the Deed of Trust recorded FE! n 2IJfJfas
File/Page No. ZIIlU ~D",,",3 subordinated to the Irrevocable Offer to Grant a General Utility
Easement ("Documenr hereinafter) described above,
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.
Dated
Beneficiary or Trustee
By:
Title:
'?~J'1-CJ6
Dated
~~J-TP~
Lender
Michelle Elizardo-Young
By:
Title:W /ftc G 1'/2'S{~4
[Signature of Beneficiary or Trustee must be notarized. Attach the appropriate acknowledgment].
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Resolution 94-1070f said Council adopted on November 9, 1994 that the City of Encinitas accepts
the foregoing Grant of Easement granted hereon, and consents to recordation thereof by its duly
authorized officer.
Date:
':1/, ~ Jo~
. ,
By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
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STATE OF:_NEW JERSEY--->
COUNTY OF: BURLINGTON->
On the I'{ day of U"-t '>- in 2006 before me, the undersigned, personally appeared
!2Pt-kllt. [('Ul/jp-~"Y, personally known to me or proved to me on the basis of
.
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her capacity,
and that by his/her signature on the instrument, the individual, or the person on behalf of
which the individual, acted, executed the instrument.
~~~~
. Notary Signature
Notary Expires: 11-15-07
DOROTHY J DEMARCO
NOTARY PUBUC OF CAMDEN COUNTY .
MY COMMISSION EXPIRES NOV 15, 2007
. ,
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Exhibit A
All that certain real property situated in the County of San Diego, State of
California, described as follows;
Parcel 1:
All that portion of Lot 23 of Ridgeway heights, in the County of San Diego, State
of California, according to map thereof No. 2163, filed in the office of the County
Recorder of San Diego County July 3, 1929, described as follows:
Beginning at the corner common to Lots 25 and 22 on the South line of Lot 23 of
Said Ridgeway Heights, being the Southeast corner of a portion of said Lot 23
conveyed to Henry Johnson and wife, by deed recorded October 16, 1945, file
No. 86750;
Thence South 000 24' 15" East along the Easterly line of said Johnson's land,
141.89 feet to a point distant 152.34 feet Southerly from the Northerly line of said
Lot 23;
Thence North 890 57' 30" East along a line parallel with and 152.34 feet
Southerly from the Northerly line of said Lot 23, a distance of 263.58 feet to the
point on said parallel line which bears South 890 57' 30" West, 148.66 feet from
the intersection of said parallel line, with the Easterly line of said Lot 23, and
being the true point of beginning of the herein described property;
Thence continuing along said parallel line, North 890 57' 30" East, 148.66 feet to
the Easterly line of said Lot 23;
Thence along said Easterly line South 11 0 17' 50" East, 76.74 feet;
Thence South 890 57' 30" West, 35.27 feet;
Thence South 830 40' 00" West, 129.84 feet to the point on a line which bears
South 000 24' 15" West, 89.49 feet from the true point of beginning;
Thence along said line, North 000 24' 15" East, 89.49 feet to the true point of
beginning.
Parcel 2:
An easement for pedestrian, drainage and general utility, and purposes
incidental thereto over, under, upon and across a strip of land 2.00 feet of even
width lying within Lot 23 of said Ridgeway Heights, the Easterly line of the
property described in Parcel 1 above being the Easterly line of said 2.00 foot strip
of land.
__ Z
SCALE 1" = 20'-0"
Graziano Residence
Exhibit B - Plat Ma
1270 Rubenstein A V8.
Enclnt88. CA 92024
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PARCEL 1
PORiJON Lor 23
MAP 2163
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EX. 1a EASEMENT FOR
RlWl PURPOSES
REC'D AUG. 29. 1_
M F.N.17475110A
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