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2009-440652DO # 009-0440652 Recording Requested By: ) AUG 05, 2009 3:25 PM OFFICIAL RECORDS 0 City of Encinitas ) SAN DIEGO COUNTY RECORDERS CiFFICE DAVID L 6L ITLER: COUNTY RECORDER FEES: O.00 ".VAT'S: When Recorded, Mail To: ) nr_.: NA 1 City Clerk ) PAGES: 10 City of Encinitas ) 505 South Vulcan Avenue Encinitas, CA 92024 ) 1 ) FOR THE BENEFIT OF THE CITY ) SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR CITY HIGHWAY 1 Assessor's Parcel No. 260-083-18 v Project No: 08-003 CDP L " W.O. No.: 927-G iyJ 1 r jam" MARK D. BOBO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 86% INTEREST, AND KRISTY R. BOBO, A MARRIED WOMAN AS HER SOLE AND SPEARATE PROPERTY AS TO AN UNDIVIDED 14% INTEREST, AS TENANTS IN COMMON, 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, Cov819-1 The Grantor hereby further grants to the CITY OF ENCINITAS 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 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, the necessity therefor is removed by substituting other protection support and/or drainage facility, provided such substitution is first approved in writing by the City Engineer. The Grantor hereby further grants to 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 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, 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 I t~ day of 2008 OWNER- 7i , Mark D. Bobo Kristy R. Bobo Notarial Gertiftcate Attached Date O Z o 7' Signature of Owners to be notarized. Attach the appropriate acknowledgements. 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 Right-of-Way Dedication and consents to recordation thereof by its duly authorized officer. Date: By Peter Cota Robles Director of Engineering Services/City Engineer Cov819-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of EAN On -AUf~iS~ before me, jZ-d44AeYt'n.e pi h1, c. Date Here Insert Name and Title f the Officer personally appeared L~r LI 96, vdu f Name(,4 of Signer(lyf ~ NOK COIIIIO p 11# 1494M now *AMC - cwowft lobo C1om* Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personK whose name is/aI6 subscribed to the within instrument and acknowledged to me that he/so/tf 6y executed the same in his/her/tFy it authorized capacity(ir), and that by his/1.or/tWir signalure(g) on the instrument the person(%f , or the entity upon behalf of which the person(p~ 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. Signature 14, zeze, ~ l06---e Signature of Notary Public 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. Description of Attached Document Title or Type of Document: V-( ES "T" G(- IAw-r X144--n D/l.t "Iv1> Document Date: AU&1'tgfi ! 6 . 1©,A Number of Pages: Signer(() Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: G r C ~~~5 Signer's Name: R Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb re ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C17-Y OF' ~/_/N) 1"71'~J S w-r 7b 94ELo~'t~01j ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Tcp of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3-2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1l-Free 1-8 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary:-.-.-. -AA 79ErIW& 6055E A,1 iL Commission Number: 16 S Y O Z Date Commission Expires: AL)q- Zt & County where Bond is Filed: U~.tl Z)6f6U Manufacturer./ Vendor Number: /l/ Place of Execution: c~%` V Date: ~U~• 6 2 Signature: 4194 Rec. Form #R10 ACKNOWLEDGMENT State of Cali rni County of I © ) r o _ before me, Am\j /V, %ms', CJl rr I-t I C On, ~ (in ert name and title of the offic ) personally appeared 15t K who proved to me on the basis o satisfactory evidence to be the person osamesubscribed to the within instrument and acknowledged to me that:Ishexecuted t ie same in -his/her/theW authorized capacity(fes), and that by his/her/#f eir signaturepg on the instrument the persono, or the entity upon behalf of which the perso%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. AMY N. STEVEWS wn Comml>rsfon #t 176a1S48 Notary Public - Callfornla 9 San Diego County Signatur (Seal) Comm.6 tease 18,:tOtt ACKNOWLEDGMENT State of California County of J,41V , e ) On. 7 o;OD before me, D Z OT &k G (insert name and title of he officer) personally appeared M,42 k who proved to me on the basis of satisfactory evidence to be the person(!) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/shaLthay executed the same in his/heiAheir authorized capacity(aes), and that by hisief#!"ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) 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. Signature (Seal) SICIA-A OFFJOYE DAWN CA TO NOTARY PUBLIC-CAI.WM COMM. NO. 1789 IA 146 lemy SAN DIEGO COUNTY M. XP J t SUBORDINATION AGREEMENT New York WHEREAS, CITIMORTGAGE, INC, A U1SgJDLLR1 CORPORATIONI, desire to have the Deed of Trust recorded on November 30, 2007 as document number 2007- 0746433 of official records, subordinated to Easement for City Highway for PUBLIC RIGHT OF WAY ("DOCUMENT" hereinafter) and consent to the recordation of said DOCUMENT; 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. BENEFIC AR or TR TEE B Y_ - --1~7 ` " - ~ORN ti.K.ke~' ~f/ Title:.. --r rrS~ct ~ 3a DA ED BENEFICIARY or TRUSTEE BY: Title: _ DATED Signature of Beneficiary/ Trustee to be notarized; attach the appropriate acknowledgement. j 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. DATE: P' li~2?108 BY: Peter Cota-Robles Director of Engineering Services City of Encinitas UNIFORM ACKNOWLEDGEMENT State, Missouri, Territory, Possession or Foreign County On the 30th day of July in the year 2008 before me, the undersigned, personally appeared Noah Wulf, personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) is (are) subscribed to the within instrument and acknowledged to me that he capacity(ies), and that by his signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument and that such individual made such appearance before the undersigned in the County of St. Charles and State of Missouri. office of-individualltaking acknowledgement pnuW.i $AM1ID~p yy s* e--~.+~`'r Notary Pub1C, f00 Of f Missouri sEAI,: 9 ChCxlps C .Cammiselon A+ 07387219 M Com 110 201 EXHIBIT "A" April 12, 2008 THE SOUTHEASTERLY 3.0 FEET OF THAT PORTION OF LOT 14 OF RIDGEWAY HEIGHTS, 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 SAID SAN DIEGO COUNTY, JULY 3, 1929, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 14: THENCE SOUTH 22° 41' 32" EAST ALONG THE WESTERLY LINE OF SAID LOT, 33.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 220 41' 32" EAST 33.06 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT, SOUTH 66°30'08" EAST 317.59 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 14, SAID POINT BEING ON THE NORTHWESTERLY LINE OF RUBENSTEIN AVENUE AS SAID AVENUE IS SHOWN ON MAP NO. 2163; THENCE NORTH 18°12'32" EAST ALONG THE EASTERLY LINE OF SAID LOT 110 FEET: THENCE LEAVING SAID EASTERLY LINE NORTH 81°09'30" WEST 342.45 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAD LOT; THENCE NORTH 18°12'32" EAST ALONG THE SOUTHEASTERLY LINE THEREOF TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 15 FEET NORTHEASTERLY OF, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID LOT 14; THENCE NORTH 66°30'08" WEST ALONG THE SAID PARALLEL LINE TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 105 FEET NORTHWESTERLY OF MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 18°12'32" EAST A DISTANCE OF 67.89 FEET ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH THE NORTHERLY LINE OF LAND DESCRIBED IN A DEED TO WILLIAM A. MARTIN, ET UX, RECORDED, AUGUST 6, 1957, IN BOOK 6694, PAGE 362 OF OFFICIAL RECORDS; THENCE NORTH 81°09'30" WEST A DISTANCE OF 236.03 FEET ALONG SAID NORTHERLY LINE TO THE WESTERLY LINE OF SAID LOT 14, THENCE SOUTH 22° 41' 32" EAST ALONG SAID WESTERLY LINE 33.06 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 14 SOUTH 66°30'08" EAST 317.59 FEET TO THE POINT OF BEGINNING. ROBERT L. MCCOMB REGISTRATION RENEWABLE ON: co "'vQp( PLS 4441 SEPTEMBER 30, 2009 ~?I M LO 0) N "v 0 0 M M s r8°r23stein VG ~.94, 94 r r~ DO' n4~ rg°r2'32„ w 94• r6, 1S 06 W 9 cy CD M M / J ~ O w o U T- 'o APN 260-083-18 rS~/ 0 o co ^ ~ / 2 4o J / V N r8°r o 23 4t,' N cl) I s,89 M QQ MI I / CO. 0 0 6) 00 I R~ptGo F 14 Mqp - z wq Y NF 6163 1 N I ~ 1 a. I < 1 1 22 32, I / `3' DEDICATION INDICATES , IN 22 333 POB TO CITY OF ENCINITAS 25' 50' 75' 100' NW'LY COR i i II LOT 14 EXHIBIT "B"