2005-924264
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DI # 2005-0924264
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Recording requested by:
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OCT 25. 2005 3:51 PM
OFFICIAL RECORD'"
':;,t.,N DIEGO COUt'lr--r' F:ECOFIOEF:'S OFFICE
CiF:EGOF:\-'.J ':,MITH. COUtJl( RECDRDER
FEE'::; 1100 \i./,6,'{S 2
DC Ni'.
P.6.ciES 7
City of Encinitas
When recorded mail to:
11111111111I1111111111111111111111111111111111111111111111IIIIUIII 11111 11111111
City Clerk
City of Encinitas )
505 South Vulcan Avenue
Encinitas. CA 92024
For the Benefit of the City
SPACE ABOVE FOR RECORDER'S USE ONLY
PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT
Assessor's Parcel
No. 256-252-03
W.O. No.:05-477
Stephen T. Meadow and Rosalvn M. Meadow. husband and wife as ioint tenants:
hereinafter designated Grantor(s) do(es) hereby grant unto the City of Encinitas herein d,esignated
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 Califomia, and is particularly
described as foiiows:
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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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust recorded Oct S 2 0 0 5as
File/Page N02 0 0 4 - 0 9 4 51 35 subordinated to the Irrevocable Offer to Grant a General Utility
Easement ("Document" 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 be n executed prior to said Deed of
Trust.
October 19, 2005
Dated
M Syverson
Titleyice President
Dated
Beneficiary or Trustee
By:
Title:
[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 b7i 1UlY
",'omo.o.Om _ fJt 01 . / h
Date: /0 /;Z f'/(J .., By: ' lJ l---
. I - Peter Cota-Roble
Director of Engineering Services
City of Encinitas
Oct 11 05 05:35p
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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
I <( day of OCTo 8€/t
,2005.
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[Signature of GRANTOR must be notarized. Allach 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, 94 that th Ci of Encinitas a ts
the foregoin9 Grant of Easement granted hereon, and n en 0 rec r 1 n th eo i duly
authorized officer.
Dale: I~/? 5;/ ~5--
By:
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Peter Cola-Robles
Director of Engineering Services
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this 18th day of
October, 2005, by Stephen T. Meadow and Rosalyn M. Meadow.
1J~, ~ t\: fl rh, 1- k,t(AI{~,}
Notary, u lC T
My Commission Expires:
(f-'1'-,J-(}O(",
"".-..........
VIRGINIA M. HAUFlAIRE
Notary &ubl/C, SlaIe of Arizona
C arlcoiJO Coui!Y
omm. Expfiis 08-7-2006
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f~ All-Purpose Acknowledgment ~
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State of:
South Dakota
County of:
Minnpht=lh;:!
On October 19, 2005
before me Rose Marie E Lomaglio-Esche
Name and Title (e.g. Jane Doe, Notary Public
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personally appeared
Dayna M Syverson
Namels) of Signerls)
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~ personally known to me - OR - 0 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.
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,vly CommISSion Expire. 11-22-09
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of
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Dale Name and Title of Officer (eg., "Jane Do , Notary Public")
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Name(s) of Signer(s)
~rsonally known to me
[J proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)U!i1are
subscribed to the within instrument and
acknowledged to meA~he/they executed
the same in (bjs/tler/their authorized
capacity(ies), and that by dJlS)her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
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personally appeared
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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 reaNachment of this form to another document.
Number of Pages:
RIGHT THUMBPRIN
OF SIGNER
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Place Notary Seal Above
Description of Attached Document
Titie or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
u Individual
U Corporate Officer - Titie(s):
o Partner - 0 Limited 0 Generai
U Attorney in Fact
o Trustee
D Guardian or Conservator
o Other:,
Signer Is Representing:
Top of thumb here
@1997NationaINotaryAssociation.9350DeSoloAve., P.O. Box. 2402. Chatsworth, CA 91313-2402
Prod. No. 5907
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Reorder: Call Toll-free 1-BOO-876-6827
FROM :SEABRIGHTCOMPANY
... FAX NO. :760-720-0098
4Itt. 19 2005 10:27RM P5
EXHIBIT "A"
That portion of Lot 1, Block "C" of South Coast Park Annex, in the City of
Encinitas, County of San Diego, State of California, according to Map thereof
No. 1788, filed in the Office of the County Recorder of San Diego County,
March 29, 1924.
Beginning at the Northwest Corner of said Lot; thence South 15'43'30" East
along the Westerly line thereof, 115.00 feet; thence North 71042'30" East,
100.01 feet to the beginning of the subject property; thence continuing North ;'10
42'30" East, 45.66 feet; thence SDuth 860, 1'00" East, 48.98 feet more or less Ita
the True PDint of Beginning, said pDint being on the easterly line of said Lot 1,
also being the westerly line of the Right Df Way for Orpheus Avenue, the
westerly line being 25' west of the centerline Df said Orpheus Avenue; thence
North 3~9'00" East. 97.00 feet, parallel tD and 25.00 feet westerly Df the
centerline of Orpheus Avenue to the mDst NDrtheasterly corner of said Lot;
thence NDrth 86'11'00" West, 2.5 feet along the northerly border; thence South 30
49'00" West, 97.00 feet, parallel to and 27.50 feet westerly of the centerline Df
Orpheus Avenue to its intersection with the southerly boundary of the IDt; thence
South 86'11 '00" East. 2.5 feet to the True Point of Beginning.
APN: 256 - 252 - 03
FROM :SEABRIGHTCOMPANY
tit FAX NO, :760-720-0098
.' 19 2005 10:27AM P6
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