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2005-1025607 ~. tv ~~ ~y \~ 1-\ {II i.j..;ji'iJ \,. I. IV,' . Recording Requested By: . 0':' # 2005-1025607 I 11111111111111111111111111111111111111111111111111111111111111111111 ) ) City of Encinitas ) NOV 29, 2005 2:21 PM OFFlCI.~L REClJRO~; ';,",N DIEGO C1JUNr{ RECORDER'S [lFFICE CiREGClR'--( J SMIHt COUNTY' RECORDER FEE'; 1t, [1[1 OC Nil, PAGES 8 When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 ) ) ) ) ) ) ) 1 111111 11111 11111 11111111110111 11111 11111 0111 1111I11111 U 1111111I1111111111111 FOR THE BENEFIT OF THE CITY ) )SP ACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY Assessor's Parcel No, 258-273-40 Project No.: 05-0821. 05-0822 Mark Faulkner and Judi Faulkner. husband and wife, as Joint Tenants 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, 1 The Grantor, for himself, hi~ccessors and assigns, hereby waives t claim for any and all d1llllages to Grantor's dedicated property conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this ~ day ofc.?t.::( , 2005 ,ytf-{ ~ ,/MwL~ M'i1~ ~u~nltA Mdi Faulkner lo(zr:Jo~ Date 'h: JrJ/..zS- 0) Date 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 ::";7/iZii?rm", By: 1/ fA Cf / (!;1 s- I ' Peter Cota-Robles Director of Engineering Services City of Encinitas 2 . . SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded (ddlrnm/yy) (12... / Z ('05 , as FilelPage No:Zt....,o.5, (1064-84-modification of Deed of Trust recorded '" / A- , as FilelPage No. f..t / '" , 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. BY: BENEFICIARY or TRUSTEE BY: s- Vice President Title: Title: 11/17/2005 DATED DATED '.~~'-{~~ll< ~ LctfrUC~ /I/OJlj';;00C., 6 DEBORAH K. RUTLEDGE, Notary PubHc State of Michigan, County of Kalamazoo My CommiSSion Expires Nov. 8, 2006 Acting in the County of Kalamazoo 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 o.n 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: /( /Z7/e>-r , , BY: GOl ((L Peter Cota-Robles Director of Engineering Services City of Encinitas . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT f"'<'<<'0'<<^"^^C;('<<<<&-<'<<<<^-'~-Y-'<:;<XX:<<",,<:'0~-<'<<<<&{:<<'0X-<'<<<<<<'v<""'.<O'<'&'<'^,,'<'0"''' "-<'.Q(=""'~ ~ State of califOrnia} ~ g ~ ~ ~ County of a Yl ))r~ ss ~ ~ On Ibb D,<; ~,~OS - ~ g personally appeared v g ~ C personally known to me ~ 9 ~ proved to me on the basis of satisfactory g I ~~ I ~.',.. ~~b~~ri~~~ Pt:s~~~ w~~~:e innS~~~nt~~~ ~,'..~ (i' acknowledged to me that-Rel9flelthey executed .os g the same in ~/their authorized ,g :C! capacity(~), and that by ~/their g ,~ shignature~ on thbehinslftrumf enht thhethPerson.(s)~I~~ g ,~ t e entity upon e a 0 w IC e perso,..l!J. g :C! acted, executed the instrument. g ~ ~ ~ X 9 g ~ g g g ~ g f 8 ~,.; OPTIONAL, gx (: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ;:<;. g fraudulent removal and reattachment of this form to another document. ~ ~ Description of Attached Documentg ~ g ~ Title or Type of Document: F-A<:e.vru>nj- fOr C\:J fuAJU g ~.. Document Date: 1 0 IR~ J 0 ~ .J 4: ~. · (! ~ L Number of Pages: - 'os '~ Signer(s) Other Than Named Above: g ,~ Capacity(ies) Claimed by Signer ~ c! Signer's Name: g ~ 6 " . g ~ ~ ~~;~~r~~~ Officer _ Title(s): ____/'- T'poflhemb h,co g <' 0 Partner - C Limited U Gener~___/- g '0( [J Attorney-In-Fact ___/ ~. :> LJ Trustee (; :.s C! Guardian or C ervator () r: ) .( II Other: . (j J ~'~;;epresenllng, ~ ~ ~II~I l~ ~ (<'<:':-<":~>v'4'~:'-~;<'--<;{'-<-'(:V~;':_~:<:<::Z'C<'>(:-'':'-'''~C;>::^)6:X~."c,<;<::'(4o':";6:.>G(;'C,<;<::'/:':O:"''6(,<<,(:"(,'</..'<-Y...i6<:<~.(~'(~,,,;-<:.,,:.'-<.~ ::.::x,).(,,;~>:) 'CC' 1999 National Notary Association. 9350 De Soto Ave" PO Box 2402. Chatsworth, CA 91313-2402' wwwnatlonalnotary_org Prod,No5907 Reorder: Cali Toll-Free 1-800-876-6827 . . INDIVIDUAL ACKNOWLEDGMENT State/Commonwealth of Michiaan County of Kalamazoo } ss. On this the 28 th Day me, Deborah K. Rutledge Name of Notary Public Public, personally appeared Darryl K. Williams Name(s) of Signer(s) Q(personally known to me - OR - day of Seotember Month 2005 Year , before , the undersigned Notary o 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 for the purposes therein stated. WITNESS my hand and official seal. C DEBORAH K. RUTLEDGE Notary Public - Michigan Kalamazoo County My CO~~issio.nExPire~ Nov. 8, 2006 Signature of otary Pu c Deborah K. RutledQe /2006 Oller ReqJired Inforrraljon (Prirted Name 01 NoIaIy, Resi:Jerce, etc.) Place Notary Seal and/or Any Stamp Above OPTIONAL Although the information in this sec:tion is nol required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fOfTTl to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: @2002 National Notary Association' 9350 De Sata Ave., P.O. Box 2402' Chatsworth, CA 91313-2402' www.nationalnolary.org Item No. 5936 Reorder: Calf Toll-Free 1-800 US NOTARY (1-800-876-6827) . . EXHIBIT "A" That portion of Lot 16, Block "J" of Avocado Acres Unit No,S, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No, 2130, filed in the Office of the County Recorder of San Diego County, September 19, 1928, Beginning at the Southeast Corner of said Lot, said point being on the easterly line of said Lot 16, also being the westerly line of the Right of Way for Arcadia Road, the westerly line being 20' west of the centerline of said Arcadia Road; thence North 1<13'28" East, 63.48 feet, parallel to and 20,00 feet westerly of the centerline of Arcadia Road to the northerly line of the south half of said Lot 16; thence South 89<lJ 4'28" West, 8,01 feet along the northerly line of the south half of said Lot 16; thence South 1<13'28" West, 63.48 feet, parallel to and 28,00 feet westerly of the centerline of Arcadia Road to its intersection with the southerly boundary of Lot 16; thence North 89<14'28" East, 8,01 feet along the southerly line of Lot 16 to the Point of Beginning, APN: 258 - 273 - 40 - <J:l It <:r: ~ 3 ~ uO ~ !2 0 . E..'XH\B\\ ~ " B . 4 5@. 5~ ct', < -tJI ~ '2.0' '2.0' LOI \ S- MA P "It"l. \ :, a t ," = 301 "'OR," HALF LtJT \ fa s'OO)o \4'U/W * 5.Q'1' S6",OI4'.Zll"w 8.01' FA IJU( NE.R t'\C.O'PE.R 1"1 AflN Zs6 - 2.'73 - 40 'I\~ ARCADIA ROAD N (SOUTIi H"'L~- LOT \(,,- BLOc.X ~ - MM)2.130):: ,0' tlEO\C.a.'TION 1oI6,ol'l'2~"c. 25.01' {ff- N'6".lOI'\'tl'>"e 145.~7' LOI I'] MAP 1+ 2\30 . . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT r::::~~}~-~~=~ ~ County of ~ ~ ss I i I On ,oov. 1/1,2005"'" ,before me:KIWo/1~. tlII..).JJl)UK, AJ67/'lfC'1 PU6L1C, Date Name and Tille of Officer (e.g., "Jane Doe, Notary Public") personally appeared ftnre Co-t-n - 70 l5L-ES Name(s) ofSigner(s) ~rSOnallY known to me [J proved to me on the basis of satisfactory evidence to be the person(s) whose name(sGLare subscribed to the wit' instrument and acknowledged to me he/they executed the same in ' er/their ~thorized capacity(ies), and that by(J}islher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I , 1tAfC}. G. MII.,LJOUR I ~.\Oft.1389Z05 i Noury NolIc . ClIlfaml. Sill Oiego County l~~ ~'I~. Elf' Jln~~!.I ~SSmY~d~Se~1. ~ nalureofNotaryPbC~ Place Notary Seal Above OPT/ONAL 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: Document Date: Number of Pages: 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 Trustee [j Guardian or Conservator o Other: RIGHT THUMBPRINT OF SIGNER TOp of thumb here Signer Is Representing: -~ Reorder Call Toll-Free 1-800-876-6827 cg 1997 National Notary Association. 9350 De SotoAve., PO. Box 2402. Chatsworth, CA 91313.2402 Prod. No. 5907 1 I I @ @ I 'I.. I " 'I ~