2008-29698
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kec~rding Requested By:
DCJC # 2008--0029698
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City of Encinitas
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)SP ACE ABOVE FOR RECORDER'S USE ONLY
10
JAN 22, 2008
3:53 PM
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
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FOR THE BENEffi OF THE CITY
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EASEMENT FOR CITY HIGHWAY
Assessor's Parc~l #)
259-281-05-00 V
Project #:
06-024 ADR/CDP
JAMES W. BARGER AND KELLY J. BARGER HUSBAND AND WIFE AS JOINT TENANTS
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the City if 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 himselflherself, hislher 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!P day of A-u C::r , 2006
DEANA PRENTICE
COMM. .1550047 z
Notary Public . California ~
San Diego County ..
Comm. Ex ires Feb. 5. 2009
A~W.~
LfAMES W. BARGER
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.
Dated:
J /I~/oe
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By:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
2
CALlFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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@ 1999 National Notary Association' 9350 De Soto Ave., P.O. Box 2402' Chatsworth, CA 91313-2402' www.nationalnotary.org
Prod. No, 5907
Reolder: Call Toll-Free 1-800-876-6827
State of California
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
County of ~ /}~))
/gl 2008 before me~/tAJ(),4 ~. UILtJ1)U~ ,{)~"'11be'1 f1U8uc,
(here insert name and title of the officer)
personally appeared r'1[ 7F--d Co-r-R - ~ 11t.,E....5
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(~re subscribed to
the within instrument and acknowledged to me that@he/they executed the same i~her/their
authorized capacity(ies), and that b@1er/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
Signature
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J Nou.y I'uIlfIc . CIlIfDnlI.
San Dieto CetMty
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WITNESS my hand and official seal.
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
Additional Information
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
LO form(s) of identification 0 credible witness(es)
containing
pages, and dated
Notarial event is detailed in notary journal on:
Page # Entry #
The signer(s) capacity or authority is/are as:
D Individual(s)
D Attorney-in-Fact
D Corporate Officer(s)
Notary contact:
Other
D Additional Signer(s) D Signer(s) Thumbprint(s)
Title(s)
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D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
D Other:
representing:
Name(s) of Person(s) or EntitY(les) Signer is Representing
(Q Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10107. To fe-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary_com
EXHIBIT "A"
STREET DEDICATION LEGAL DESCRIPTION
THE WESTERLY 8.00 FEET OF THE NORTH HALF OF LOT 8, BLOCK M OF
AVOCADO ACRES NO.7, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 2138
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 7, 1928.
SHEET 1 OF 2 SHEETS
S:\5236surv\legal descriptions\Exhibit A sheet 1.doc
EXHIBIT "B"
STREET DEDICATION PLAT
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SAN DIEGUITO ENGINEERING, INC.
4407 MANCHESTER, SUITE , 05
ENCINITAS, CA. 92024
PHONE: (760) 753-5525
CIVIL ENGINEERING · PLANNING
LAND SURVEYING
APN 259--281 --04
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SDE 5236
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desin: to have the Deed of Trust rec:onIed in the Office of the
Recorder of San Diego County on March 24, 2003 as Insnument No.2003-032639S and of Deed of
Trust recorded in the Office of the Recorder of San Diego County on June 10. 2004 81 InstnJment
No. 2004-0S41SSO. subordinated to the Easement for City Highway for PUBUC RIOHI' -OF-WAY
("DOCUMENT" hereinafter).
Now, th~fore. for valuable consideration. the m:cipt of which is hereby acknowledged, the
undersigned BENEFICIARY or TRUSTEE hereby waives the priority of said Deed of TNSt in
favor of said IX>CUMENT to the same extent as if said IX>CUMENT had been executed prior to
said Deed of Trust.
B
ClARY
8ont,*{lrYWl~tJ.~
BY:
uiline M. Parwn
AaIiIIlantVioI ~
RESIDEP(r
Y
Title:
J(J(](;(Y ~ ~ ;;aD?
DATED
Sipature of ~ciarieafI'rusteeI to be notarized.
Attach the applUI'tl~ acknowledgments.
I certify on behalf of the City Council of the City of Encinitas, pursuartt to authority confcm:d by
Resolution of said Council adopted on November 9, 1994 lhat the City of Encinitas accept8 md
cOtl8ents to the making of the foregoing Subordination Agreement and consents to recordation
thereof by its duly authorized officer.
DATa J ItfJ I () ~
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BY, QlOf. f2;(~
Peter Cota-Roble&
Director of Engineering Services
City of Encinitas
3
State of California
County of ~h1 ~
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On C;WJ. I B I ,2{y)8
personally appeared (~7E.,e
beforeme~/hUO,4a.,(Ik~UIC;~'1 ~UtJLiC,
(here insert name and title of the officer)
t!t)'T# ~ ?Odt...e.6
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(~re subscribed to
the within instrument and acknowledged to me th@he/they executed the same in ~her/their
authorized capacity(ies), and that b@er/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
r.-........R~NoA'G.r~, .~~
:I).. Commislion., e;:j
S ' Notify "'*'c .
San Oleto ce..w .
t ~ Commission Exp. Jan. .. 2011 J
' 'Fr, r" .,~
Signature ~~?(JJ.j1~
OPTIONAL INFORMATION
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document,
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
Additional Information
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
LO form(s) of identification 0 credible witness(es)
containing
pages, and dated
Notarial event is detailed in notary journal on:
Page # Entry #
The signer(s) capacity or authority is/are as:
D Individual(s)
D Attorney-in-Fact
D Corporate Officer(s)
Notary contact:
Other
D Additional Signer(s) D Signer(s) Thumbprint(s)
Title(s)
D
D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
D Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing
iO Copyright 2007 Notary Rotary, Inc 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10107 To re-order, call tolHree 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com
LENDER'S CORPORATE ACKNOWLEDGMENT
State of New York}
} SS.:
County of Erie }
On the <;? day 0[-:];;')(1 I ~ in the year 2008, before me, the undersigned, a notary
public in and for said State, persona ly appeared JacquelIne M. Panaro, AssIstant VIce PresIdent
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person on behalf of which the
individual(s) acted, executed the instrument.
L(J~,", cf, L' ~"
Notary Public
DONNA HA8IftI!S. f1EO. O1HA508a300
NoIIfy NlIr:. ." ,.V.
a.-.. 1ft &te~
MyCeJ_ - ~7""_. 17..;u;() 4
LENDER'S CORPORATE ACKNOWLEDGMENT
State of New York}
} SS.:
County of Erie }
~x:r~
On t?e. ? d~y orb, Lt30~ in the year ~, before m..:: the undersigned, a notary
publIc III and for said State, persona ly appeared I-J ull::J fY). j~rm uS Z-
A:5::S'.:S f;:J(\ f UI02pres/~
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in hislher/their capacity(ies), and that by hislher/their
signature(s) on the instrument, the individual(s), or the person on behalf of which the
individual(s) acted, executed the instrument.
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Notary Public
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