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2000-77671Ci o Enoi DO0 2000-007%71 When Recorded Mall to: City Clerk t City of Eneinitas 505 South Vulcan Avenue Encinitas, CA 92024 ,~-a?/0'0'~ Assessor's P.i~tcel No. .a,, 264-16044'49~'' FOR THE BENEFIT OF THE CITY F~b 15, 2000 10:OO AM )SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CiTY HIGHWAY Project No.: 6136 G W,O. No.: 6136 G Helen Beton, Inc., A Califq..m.j.g ~orporatiom hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City ff 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 Eneinitas, County of San Diego, State of California, described as follows: SEE EXI-iiBITS "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 conslxuction and maintenance of said CITY highway. Reserving unto the GRANTOR of the above described parcel of land, his ,uccessors 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 therefbm is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by the City Engineer. grant.hwy 1 2437 The Grantor hereby further Grantee all trees, growths,, or that may hereafter grow), and mad building materials within said fight-of-way, including the right to take water, together with the right to use the same in such a maimer 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, his successors and assigns, hereby waives any claim for any and all damages to Grantor s remmnmg property conttguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this ~o day of ,~'a~. ,ff.qOoo 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 Encinims, 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. Dated: ~: 11.'0 ~ Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas grant.hwy 2 SUBORDINATION AGI~I~EMENT WHEREAS, those p~ies concerned, d~sir~ to have the Deed of Trust recorded ~,,~,e 18 19 gg, az File/Page No. 199g-0427595 and modification of Deed of Truzt recorded -0, , as File/Page No. . subordina*~l to F.a~mcnt for City H~ghway for PUBLIC RIGHT OF WAY Now, ~fo~c, for valuablc comidvretion, thc ro~.ipt of which is b.e~by acknowledged, th~ u~d~ig~d BENEFICIARY or TRUSTEE hereby waives tl~ l~Ori~ of ~aid ~ of Trust in favor of said DOCUMENT to tl~ same cx~nt as if ~aid DOCUMENT had be~n ~a~cu~i prior to said Deed of Trust. BENEFICIARY or TRUSTEE ~nter~tor DATED BENEFICIARY or TRUSTEE BY: Tide: DATED Signature of Owners to be notarized. Attach thc agpeopriatc acknowledgments ! ceffffy on behalf of thc City Council of the City of Encinila$. pursvant to authority conferred by Resolution of:mid Council adopted on November 9, 199~ that thc City of Encinita$ accepts and consents to the making of the foregoing Subordination Agreement and con~cnt~ to recordation thereof by its duly authorized officer. Alan D. Amhib~ld Di~ecto~ of l~nglm~xin8 $¢c¢iccs City of Enciniu~ grant.hwy 3 2439 SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded Juno 18 19 99, as File/Page No. 1999-0427595 and modification of Deed of Trust recorded -0- , as File/Page No. , 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 TRUS'FEE BY: Title: BENEFICIARY or TRUSTEE · J.A. Todd Mana~nt by Ka~. Ga s sto.~ay x.~ ~} Title: h "~-f C~ -- i- 2-/ DATED DATED Signature of ()w~ers to be notarized. Attach the appropriate acknowledgments . I certit~ on behalf of the City Cotmcil of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinltas accepts and consents to the making of the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. DATE: Alan D. Archibald Director of Engineering Services City of Encinitas grant.hwy 3 2440 State of California .SS. County of San Diego On January 20, 2000 before me, . Richard ..E.. Taylor .... , Notary Public, personally appeared Sue A....Busb}~ ,~ . ~ personally known to me (or proved to me on the basis of satisfactory e'~idence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledl~ed to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their siinature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) a~ed, executed the irmtrument. I~ITHES S m~ ~.1 c~ Si~amre i:~D-1 ~ed U93) (Seal) St=re of California SS. County of san Diego On Sanu..a. ry 21, 2000 before me, Richard E. Taylor Notary Public, personally appeared Karen F. Gassaway , personally known to me (or proved to me on the bails of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed To the wkhin instrument and ackmowl~d~ed to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their si~atur~(s) on the inszmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS myh~d~..~fScial se~.~ // FD-1 ('Revi~ed 1/93) EXHIBIT "A" LEGAL DESCRIPTION LONE JACK ROAD BEING A 30 FOOT STRIP OF LAND WITHIN A PORTION OF BLOCK 88 ALONG WITH A PORTION OF "K" STREET AS VACATED AND CLOSED TO PUBLIC USE MARCH 4, 1915, IN THE COLONY OLIVENHAIN, CITY OF ENCINiTAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885, SAID 30 FOOT STRIP LIES SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF "K" STREET WHICH IS DISTANT THEREON 175.52 FEET SOUTHWESTERLY FROM THE CENTERLINE OF "K" STREET AND THE CENTERLINE OF 14TH STREET IN SAID COLONY OLIVENHAIN; THENCE, LEAVING SAID CENTERLINE OF "K" STREET, NORTH 68°15'32" EAST, 135.47 FEET TO THE BEGINNING OF A TANGENT 450 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°48'44", AN ARC LENGTH OF 100.62 FEET TO A POINT ON THE WESTERLY LINE OF THE EASTERLY 190.00 FEET OF SAID BLOCK 88, SAID POINT BEING 44.43 FEET SOUTHWESTERLY ALONG SAID LINE, FROM THE CENTERLINE OF SAID 14TH STREET. THE SOUTHEASTERLY LINE OF SAID 30 FOOT STRIP BEING LENGTHENED OR SHORTENED AS TO TERMINATE IN THE CENTERLINE OF "K" SREET AND THE WESTERLY LINE OF THE EASTERLY 190.00 FEET OF BLOCK 88. EXP.6/30/OC £XHIBiT '~' 442 I I I Z © ~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~m°nally known to me - OR - n proved to me o~ the basis M satisfactory evidence to be the pemon(s) whose name(s) is/are sul;~:;ribed to the wilNn instrument and acknowledga4 to me that he/she/they execated the Description of Attached Document 1'file or Typo of Document: Number of Pages: Signer(s) Other TI~ Named Above: Capacity(les) Claimed by Signer(s) Si~e¢s Name: individual Co~orat~ Officer Partner-- E] Limited ~ G~e~ A~-ImF~ Tm~ Gua~ian m ~.r: Signer' Is Representing: Signer's Name: ..... [] ledlvtdunl [] Coq3orate Officer ~.~(e): ..... [] Partner -- Q Limited [] General C1 Attorney-in-Fact n Trustee [] Guardian or Conservator D Other. Signer Is Representing: