2007-170450
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DOC # 2007-0170450
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Recording Requested By:
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SPACE ABOVE FOR RECORDER'S USE
City of Encinitas
MAR 13, 2007 2:02 PM
OFFICI.II,L RECOFiD~:;
'3,IIJJ DIECiO COUtH',' RECOF:DEF:'S OFFICE
CiF:EC;OF:'y' ,J ':;~"mH COU~'H'( F:ECOF:DER
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When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
I 1I1111 111II II III 11111111ll IIIll 11111 IIIll 11111 IIIll IIIll 11111 11111 II III 1111 I III
FOR THE BENEFIT OF THE CITY
EASEMENT FOR CITY HIGHWAY
Assessor's Parcel No.
260-071-37-00 /
Project No. 05-1492
DOCUMENTARY TRANSFER TAX $ 0
SUZANNE W. GERE, AN UNMARRIED WOMAN.
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate for valuable
consideration 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 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 CITY highway. Reserving unto the GRANTOR of the above
described parcel of land, his successors or assigns, the right to eliminate such slopes
and/or 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 and/or drainage facility, provided such substitution is first approved in writing by
the City Engineer.
1
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.
The Grantor, for himself/herself, his/her 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 highway.
Dated this
I"l' day of 0 c...r. , 2006
Signature of Owner to be notarized.
Attach the appropriate acknowledgments.
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 recordation thereof by its duly authorized officer.
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fI" ~Peter Cota-Robles
Director of Engineering Services
City of Encinitas
DATE: \S IB I O:J-
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SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded July 30,
2004, as Instrument No. 2004-0716045 of official records, 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.
BENEFICIARY or TRUSTEE
S;9nature:al ~ ~
Print Name: Jo.ser ~ Y. q..eJ)
Title: -Yi 0_1 <VALs~ (. PttA-
Dated:
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Signature of BeneficiariesfTrustees 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 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.
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Peter Cota-Robles
Director of Engineering Services
City of Encinitas
DATE: ,-,? /8 /0 t-
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EXHIBIT "A"
OCTOBER 12,2006
THE EASTERLY 2.00 FEET OF THAT PORTION OF LOT 23, IN THE CITY OF
ENCINITAS, 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.
EXCEPTING THE SOUTHERL Y 216.89 FEET OF THE ABOVE DESCRIBED
LAND.
TO BE ADDED TO THE A TT ACHED
LEGAL DESCRIPTION:
AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED
HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
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BRIAN POLLEY PLS 4670
EXPIRATION DATE: SEPTEMBER 30, 2007
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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I State of California } ~
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I' County of -Ia1/1 1// (! ? ~
: On od L7, J[)O& ,before me, ,ovt3V,C I
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personally appeared .5 U Z fl ^' IJ I: }y, ~
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o personally known to me
IDroved to me on the basis of satisfactory
evidence
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to be the person(s) whose name(s) 6Ji)e
subscribed to the within' rument and
acknowledged to me that he! ey executed
the same in hi herZ aUJb.o.r.ized
capacity(ies), and that by hi~eir
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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Place Notary Seal Above
~=nd and offici~1 seal. tJLvv
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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.
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Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Sigrier
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
e 1997 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402' Chalsworth: CA 91313-2402
Prod. No. 5907 Reorder: Call TolI.Free 1-800-876-6827
Gere, Suzanne
STATE OF MARYLAND *
COUNTY OF _Howard
TO WIT:
I, the undersigned, a Notary Public in the aforesaid jurisdiction do hereby certify that
Joseph P. Eger, who is well known to me as the person named attorney-in-fact in the
foregoing instrument, bearing date on the _16th_ day of _February_, 2007, and hereto
annexed, personally appeared before me in said District and as attorney in fact as
aforesaid, and by virtue of the authority vested in him by said instrument, acknowledged
the same to be the act and deed of Chevy Chase Bank, F.S.B.
Given under my hand and seal this _16th_ day of _February_, 2007.
As Witness my hand and Notary Seal.
Michael Ferebee
Notary Public
My Commission Expires:
October 26, 2009
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego }
ss
On /I14/r'd.-I<.. .2001, before me, Randa G. Milliour, Notary Public, personally
. appeared Peter Cota-Robles, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
,=?~~?h;Lt ~
Randa G. Mil ur f
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the docu-
ment 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:
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer- Title(s)
o Partner-o Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
oOther:
Top of thumb here
Signer is Representing:
........................................................................................................