2005-1025607
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. Recording Requested By:
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0':' # 2005-1025607
I 11111111111111111111111111111111111111111111111111111111111111111111
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City of Encinitas
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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
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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-
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Peter Cota-Robles
Director of Engineering Services
City of Encinitas
2
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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
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BY: GOl ((L
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
f"'<'<<'0'<<^"^^C;('<<<<&-<'<<<<^-'~-Y-'<:;<XX:<<",,<:'0~-<'<<<<&{:<<'0X-<'<<<<<<'v<""'.<O'<'&'<'^,,'<'0"''' "-<'.Q(=""'~
~ State of califOrnia} ~
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~ On Ibb D,<; ~,~OS - ~
g personally appeared v g
~ C personally known to me ~
9 ~ proved to me on the basis of satisfactory g
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~.',.. ~~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
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~,.; 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
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~ ~ ~~;~~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 ()
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.( II Other: . (j
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(<'<:':-<":~>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
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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)
.
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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
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'I\~ ARCADIA ROAD N
(SOUTIi H"'L~- LOT \(,,- BLOc.X ~ - MM)2.130)::
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tlEO\C.a.'TION
1oI6,ol'l'2~"c. 25.01'
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MAP 1+ 2\30
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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~ County of ~ ~ ss I
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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.
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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
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