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2001-477959.~ecord~g Requested By: City Engineer When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Eneinitas, CA 92024 FOR THE BENEFIT OF THE CITY ) JUL. ) ) ) ) ) ) ) ) ]_]1., 200]. ,4. :,45 2001-0477959 [~'FICIAL REOU~D,° gAN DIEGO COUNTY REOURER'S OFFICE F~EGORY J. 8MITH, COUNTY RECORDER FEE8: 0.00 )SPACE ABOVE FOR RE(~ORDER'$ U~3E O___~.LY EASEMENT FOR PUBLIC ACCESS AND LANDSCAPE MAINTENANCE PURPOSES Assessor's Parcel No. 254-611-07 Project No.: TM 94-066 W.O. No.: 5661-1 Barratt American Incorporated, A Delaware Corpom..tipn.. hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if Eneinitas, State of California, hereinafter called GRANTEE, the right of way and incidents thereto for a public access and landscape.maintenance easement, 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 Enc'mitas (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 public access and landscape maintenance facilities. Reserving tmto 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. Pub.access and ldsep.maint6-3-1999 jlr The Crragtor hereby further to the Grantee all trees, growths, ( or that may hereafter grow), and mad building materials within said right-of-way, including the fight to take water, together with the right to use the same in such a manner and at such locations 03 said Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said public access and landscape maintenance faeilities~ The Grantor, for himself, his 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 12th day of,July, ~ 20 00 OWNER: Signature of Owners 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. Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas Pub.access and Idscp.maint6-3-1999 jlr 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA ] COUNTY OF SAN DIEGO ] On July 12, 2000, before me, Latonia M. West , Notary Public, personally appeared St~ohen R. Reid 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. LATONIA M. WEST, Notary Public COMM, #1252915 NOTARY PUBLIC .CALIFORNIA SAN OIEQO CO~JNTY My Commission E_x_pi_ms TtHg AREA ~ OPIiICIAL NOTARIAL SEAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMI/D BY SIGNER DESCRItrFION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE O~FtCF. R SENIOR VI~E PRESIDENT rITI'L~E Easement for Public Access and Landscape Main~la~e Purposes - TM 94-066 TITLE OR TYPE OF DOCUMENT lune 16, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON OR ENflTY) Ban'at~ American lncoqx)raied, a Delaware Corl3oration SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trnst recorded June 2, 2000, as File No. 2000-0289950, subordinated to Easement for Public Access and Landscape Maintenance Purposes ("Document" hereinafter). Not/, 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 beea executed prior to said Deed of Trnst. DATED BENEFICIARY Bank of America, N.A,, a national banking association Its: ~' t//~ 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 on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. D^T : Alan D. Archibald Director of Engineering Services City of Encinitas Pub.access and ldscp.maint6-3-1999 jlr 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California On ~ I "~. ~ D~)~), before me, personally appeared ssI Nar(jr al~ ~l~le ~f'Offlcer (e.g,, "Jane Doe, Nom~ Pub '¢") ~ersonally known to me [] proved to me on the basis of satisfactory evidence to be the person(.~,) whose name(~) subscribed to the within instrument and acknowledged to me that ~.e/e~mA~ey executed the same in his/hcr;th;~r authorized capacity(.ie..~), and that by his~ signature(~ on the instrument the person(s-), or the entity upon behalf of which the person(e-)- acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by/aw, It may p~ve valuable to persan$ ~lying on the document and could prevent fraudulent removal and reaffachment of this form to another document, Description of Attached Do?re?t_ ~..~ ~-. _.~ Title or Type of Document: ,~/'c'''~''''~~ ~ ,/l_~.,~¢j_.lrt~2..f~' Document Date: ?//'7 / ~ o~O 0 Number of Pages: Signer(s) Other Than Nsmed Above: Capacity(ies} Claimed by Signer Signer's Name: L.I Individual I Corporate Officer -- Title(s); r- Partner--[] Limited [] General ~ Attorney in Fact [~ Trustee [] Guardian or Conservator [/ Other: .......... Signer Is Representing: Top of thumb here EXHIBIT "A" LEGAL DESCRIPTION FOR PUBLIC LANDSCAPE MAINTENANCE AND PUBLIC ACCESS EASEMENT Strips of land 3.00 leet wide, over those portions of Lot 75 o[ Tract No. 94-066 in the City of l~ncinitas, Cotmty o[ San Diego, State of California tiled as Map No. 13356, Records of said County, thc easterly lines of which are described as follows: Strip No. 1: Beginning at the intersection of the Westerly right-of-way of Quail Gardens Drive and the Northerly line of said Lot 75, as shown on said map; thence South 17055'00'' West 210.89 f~et along said Westerly line, to the beginning o1' a tangent curve concave Easterly, having a radius of 586.00 feet; thence Southerly 186A4 feet along said curve and along said Westerly line through a central angle of 18° 12'00"; thence South 0"17'00" East 140.91 feet along said Westerly line. The Westerly line of said strip shall be prolonged or shortened Northerly st> as to terminate on the Northerly line of said Lot 75. Strip No. 2: Beginning at the intersection of the Westerly right-ot;way of Quail Cardens Drive and the Southerly line of said lot; thence North 0°17'00'' West 172.12 feet along said Westerly line. 'file Westerly line of said strip shall be prolonged or shortened Southerly so as to terminate on the Southerly line of said I.ot 75. As more particularly shown on Exhibit "B" attached hereto and made a part hereof. Rory S.[J~illiams, L.S. No. 13654 l.icense Expires: December 31, 2003 Revi~ed December 6. 2000 April 19, 2000 Page I of 1 W.O. 1774-21X tI&A Legal No..1970 Prepared By: H. Foss Ck'd By: R. Williams/wp EXHIBIT "B" Sketch to Aa¢orapany Legal Desaription ,- /' ,,-~:>;' 268.69 .....,, ,o' :2 ',.::~ ~: ";' !:: ? LEGEND ~ ..... STRIP '" ~ A =1B°12'DO'' R=5B6,0O' L=186.14' 140.91'<.'.. · ~ 78.42' '11-20-9§ (o^~ 12-06-00 I'}'~~ H, Foss I: ENClNffAS ~94-066 \LO \4970\SH T01.Olt~ LANDSCAPE MAINTENANCE AND PUBLIC ACCESS EASEMFNT GRANTVD HEREON. INDICATES SCALE EXAGGERATED SEE SHEET 2 FOE VICINITY MAP S00°17'O0"E ,' STRIP NO. 2 L HUNSAKEg. & ASSOCIATES .~c~'~ V. Edge NONE ROR~'~, ~-[LIAMS, L.$. 6654 LICENSE EXPIRES: 12-51-05 STR~P NO, 2 ~ ,3 ,..,' .'..~ b EASEMENT FOR PUBLIC LANDSCAPE MAINTENANCE AND AND PUBLIC ACGE$$ EASEMENT IN THE Oll~' OF ENCINIT~ ~ON~ OF 8~ DIE~, STATE OF ~IFORNIA ~ ~C~E: 1"=200' I W.O. 1~4-21X H&A LEGAL N~ 4970 SHEET 1 OF 2 EXHIBIT "B" Sketch to Accompany Legal ~Descr~pt~o~ CITY OF CARLS.SAD SITE QUNL ~E~ E~CI~TkS ~Lb ~iRr~T E~CIKIT~,S VICINITY MAP NO SCALE -20-98 J REVI 'DW~ 0,~ 04-07-00 J ,~ H. Foss I: ENCINITAS\94- 066\LD\4970\SHTO1.DW(~ ........ E'~'$EMENT ....... FOR PUBliC LANDSCAPE MAINTENANCE AND AND PUBLIC ACCESS EASEMENT IN THE OI3'Y OF ENCINITA% COUNTY OF SAN DIEGO, STATE OF CALIFORNIA c~',~ V, Edge SCALE: NONE W.O. 1774,-21X ,~oo NONE H&A LEGAL No. 4970 ..S.HEET 2 Of 2