1998-551133 (2) Recording Requested By: )
04 City of Encinitas' '� 6 DO =L 0
When Recorded Mail to: )
Aug 28 , JL9 ;� 4 d 32 P11011i
City Clerk ) OFFICIAL RECORDS
City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE
505 South Vulcan Avenue ) GEGOY J. SMITH= COUNTY RECOi=:BFI
Encinitas, CA 92024 ) FEES: 0.00
FOR THE BENEFIT OF THE CITY C '
) SPACE ABOVE FOR REC
GRANT DEED FOR CITY HIGHWAY II
1998.0551133
Assessor' s Parcel No. Project No. : 5367-G
.j s .256-231-25 W.O. No. : TPM 1.7933 IR
{F y,,
y t E
THOMAS GAROLD UTER AND DIANE UTER DENEEN husband and wife as
'oint tenants
hereinafter called GRANTOR(S) , do (es) hereby grant, convey and
dedicate in fee title '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 EXHIBIT "A" AND "B" ATTACHED HERETO AND MADE A PART
HEREOF BY THIS REFERENCE,
grant.hwy 2-09--98 bak 1
11047
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 day of 192'
OWNER:
Signature of Owners to be notarized.
Attach the appropriate acknowledgments. f
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 :
A an D. Archibald
Director of Engineering Services
City of Encinitas
grant .hwy 2-09-98 bak 2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I
State of
County of 6C�t c- s
On /tQ o`Zo�2 before me, ?&/V4?4
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public)
personally appeared__76/5"27�5 - G &L LLLe OE�f)e6lV
Name(s)of Signer(s)
❑personally known to me-OR 74QPoved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is are bscribed to the ' in instrument
and acknowledged-to me that he/sh /the xecuted the
same in his/he(their uthorized capacity Ties),and that by
his/he their gnature(s) on the instrument the person(s),
or the en Ity upon behalf of which the person(s) acted,
Rands G. Milljcur executed the instrument.
Comm.*1033151 ri
NOTARY PUBLIC-CALIFORNIA chi,
SAN DIEGO COUNTY WITNESS my hand and official sea[.
My Comm.Exp Jan.6,1999
�s�e�ss�o
Signature of N ry 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ Genera[ ❑ Partner—❑ limited ❑ General
• Attorney-in-Fact ❑ Attorney-in-Fact
• Trustee _ ❑ Trustee _
El Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827
} SUBORDINATION AGREFM A049
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded 4--29--1996 as File/Page No. 1996-0214127
subordinated to Easement for Access ("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.
DATED BENEFICIARY OR-TREE
Zg5 By:
Title:
z4en
DATED BENEFICIARY
By:
Title:
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
I certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution No. 94-107 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.
Date
S� ��L�Alan D. Archibald
Director of Engineering Services
City of Encinitas
cov4798 3
1050
California All-purpose Acknowledgment
State of California
County of San Diego
On 1998 before me, Neal Ganz, Notary Public,
personally appeared
[Name(s)of Signex(s)]
Lrd�J�
All,_Cox �/'
[Name(S)of signer(s)]
❑ personally known to me
proved to me on the-basis of satisfactory evidence to be the person(s).whose
n e(s) is/are subscribed to the within instrument and acknowledge to-me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. NOTARY SEAL
+ r OFFICIAL SEAL.
NEAL GANZ ,
(Signature) NOTARY PUBLIC-CALIPORNIA43
ac COMM.NO.1143145
SAKI DIEGO COUNTY
MY COMM.EXP.JULY 1b,2001
ww+w
r
1051
EXHIBIT "A" -LEGAL DESCRIPTION OF RIGHT-OF-WAY DEDICATION
PARCEL"B"
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,A PORTION OF PARCEL I
OF PARCEL MAP No. 14121,FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY ON JANUARY 21, 1986, SAID PORTION BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THE EASTERLY SIDELINE OF THE
PUBLIC ROAD EASEMENT GRANTED PER SAID PARCEL MAP WITHIN SAID PARCEL
1; THENCE ALONG SAID SIDELINE NORTH 1°58'17" EAST 8.63 FEET TO THE TRUE
POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A TANGENT CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 30.00 FEET; THENCE LEAVING SAID
SIDELINE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
24037'12" AN ARC DISTANCE OF 12.89 FEET TO A POINT OF REVERSE CURVATURE
WITH A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 3 0.5 0 FEET,
WITH A RADIAL BEARING OF SAID CURVE THROUGH SAID POINT BEARING SOUTH
63°24'31" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 59 034'05" AN ARC DISTANCE OF 31.71 FEET TO A POINT OF
INTERSECTION WITH SAID EASTERLY SIDELINE; THENCE ALONG SAID EASTERLY
SIDELINE SOUTH 1°58'17"WEST 42.68 FEET TO THE TRUE POINT OF BEGINNING;
THE HEREINABOVE DESCRIBED PARCEL CONTAINS 0.003 ACRE, MORE OR LESS.
e
145
A
EXHIBIT "B" PLAT FOR R/W DEDICATION
IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
20 R W LOT r 2'1
LOT 2 PER MAP NO. 2355 MAP No, 2365
M AF 1\1 o, 2355
10' 10'
[[N89 54'30"W 295.56 ].] -�J --
— — W 20.01'- ((N89-41'33"W 144.30'))
-7-- I - LEGEND
Lo_ - ( ) - MAP 3822
o 00 (( )} PM 14121
w z �a
PARCEL A Lo [ ] - MAP 3547
T P.O.B. Z- (PROP.o
PARCEL C PROP. w [[ �� -
,� ;n VACATION MAP 2355
0 0 _ Q 5 PARCEL) EA SEMEN T GRAN T
Z R 3'45 Nl 1-2429"E(R)
:n U
o R=30.5' D�38 0.71 0
D=16'42'13" z W pAJ7-3 CE L f
L=8.89' N27' 9'16"W(R
f?-30.5' Fl, J\k NoJ -14-12-J
Q) =45'36'55"
=4536 55 N5701'24"E R
V- -24.28' o
o 40 R=30.5'
z F 10' 30' - D=5934'05"
LOT 3 I L=31.71'
o N
JVJAF lNo, 2355 PARCEL 8
co w W
M
O w W W N6324'31"W(R
PARCEL C z >
U-1 z R=3o' SCALE. 1" = 20'
D=24 37'12"
(N89°54'30"W z � Z L=12.89' IF
30.02)
° T.P.O.B. - PARCEL B
N0158'17"E — —
u�� 8.&3'
P.O.B_ --- SO'L Y TERMINUS OF ELY
N89 54'30"W z SIDELINE OF PUBLIC ROAD EASEMENT
7.00' l
LOT 1 60' R/W LOT 27
All AF iNa, 3822 PER MAP NO. 3547
30' 30' Ail 1\P JN J, 3� f
LEUCADIA BLVD.
1�+ND
PROJECT
S1TE
��,a SC�e�C' � `n �
MARK A. BRENCICK
7 N 0. 7226 w
L.S. 7226 � EXP. 12/31/00 �
LfflD/WK SIDONIA ST.
��9TF 01 CA�-`F WC1N1 TY MAP JF
C0NSIILTiNG NO SCALE