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1987-543793"'~'Wg'~]i RECORDED, PLEASE HAlO 1079 8? §63793 THIS INSTRUMENT TO: CITY OF ENCINITAS ' '~ 535 Encinitas Blvd., Suite 100 Encinitas, CA 92024 'v'iL[CA '. L.'i'L E COUN I Recorded Request m,. Dept. General ServiCes NO NO TRANSFER TAX DUE ...... SPACE ABOVE FOR RECORDER'S USE ONLY ,, SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER INSTRUMENT WESTLAKE STREET Project : UY 3085 Assessor's Parcel W.O. No. : TE 3124 No. 258-121-10 Parcel No. : ' ~'LO189-B Log No. : .... 245~09 WHEREAS, that certain Deed of Trust between .... SAN DIEGUITO UNI.ON HIGH SCHOOL DISTRICT . . , collectively called BENEFICIARY and A.P. MAHON JR., INC., a California corporation .... ........ , collectively called TRUSTOR and TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation , called TRUSTEE and recorded J~uarY .~4. 1986 ... , as File/Page No. 86--015893 in the Off,ce of t~'e Ri~E6~aer i~ the Couhty of s'ar~'Diego, State of Calif'6rhia; and WHEREAS, said BENEFICIARY is ~he owner and holder of the note and other evidence of indebtedness for which said Deed of Trust was given for security; and WHEREAS, Trustor Will execute and deliw~r or'~as'/have'executed and Uelivered to the CITY OF ENCINITAS .......... ~'~y"of San Diego, State of"California, that cer't'ai[)'DOCUMEN~(S) for'an EASEMENT FOR PUBLIC HIGHWAY CLEAR SPACE EASEMENT which DOCUMENT(S) 'is s(~t forth hereinafter as follows: -1- · ,-,.,,,~. ~ Wi4E'N RECOF~DED, PLEASE iMAIL CITY OF ENCINI'rAS 535 Encini,tas Blvd., Suite 100 Encinitas, California 92024 RECORDED REQUEST OF D~PT. C[NERAL SERVICES NO TF~ANSEEFI TAX DUE SPACE ABOVE FOR REC-ORDER'S U.C;E ONLY Grant Deed NO FEE CLEAR SPACE EASEMENT WESTLAKE STREET No_ 258-121-10 Project UY 3085 ........................ W.O. Nc,.---T]~_3]~4 ............. Parcel No. 87-O1F~g-R A.P. MAHON, JR., INC., a California corporation For a valuable con.sldera~ion do(es) herehy GRANT to the CITY OF ENCI[IITAS, Coun[y of Sari Diego alt that real propert:y -in Ll~e £ounty of San Diego, State of California described as follows: Parcel No. 87-0189-C (09-17-87) (ENG:MDT:mrt) That portion of Lot ll of RANCHO RIQUEZA, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2133, filed in the Office of the County Recorder of said County, lying Easterly of the following described line: Commencing at the Southeasterly corner of said Lot 11; thence North 87°57'55"West, along the Southerly line thereof, 35.03 feet to the TRUE POINT OF BEGINNING; thence leaving said Southerly line, North 04o50'40'' East, 144.75 feet to the Easterly line of said Lot ll and the POINT OF TERMINUS. ~;,ted"rh,s , , day of, ,..'(-'~'~9 A. P. MAHON, JR., INC., a California corporation By: STATE OF Coun(y of. 48. STATE OF O-~qL~o~J! ~ ) County of ~RN iStF_C~ ) SS. On Sz~o~ ._~p~ ~, before me, the undersigned Notary Public in and for said County and Sta~e, per~soffal ly appeared A. {~. }~,q/-/~A.J _~-~ proved to me on the basis of satisfactory evidence to be th~ ' ' and ~___~ ~ President proved to ~ on .the basis of satisfactory evidence to be the Secr~ry (Treasurer), respectively, of the Corporation that executed the within instrument and acknowledged to me that such Corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. i~¢~:j~~ OFFICIAL SEAL PATRICIA DREW S i gn at u re NOTARY PUBLIC CAL{~O;< ,~A PR, tNCIPA[ OFFICE tN Name (Typed or Printed) ............. in Witness Whereof, I have hereunto set mV hand and affixed tha seal of said Court at my office iH the Count,/ o~ San Diego, the (Jay and year in this Certificate ih'st above written. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on July 27, 1987 that the City of Encinitas consents to the making of the foregoing Irrevocable Offer, Deed, Grant, or Subordination Agreement, and consents to recordation thereof by its duly authorized officer. WARREN SHAFER, \ Will i~ . ,.: ,,.,., CiTY OF ENC]N[TAS 535 Enclnitas Blvd., Suite lO0 Encinitas/ CA 92024 RECORDED REQUEST OF I~tFc(,t~[',[ D R (?UL'S ~ (~ DEPT. GENERAL ~RVICES NO TRANSFI~r~ 1AX [>tit-. EaSement for County Highway WESTLAKE STREET AS'.;,:SS~'S I',n~.,m UY 3085 N~. 2~8:12] :1 O Project ..... ' W.O.N~. . TE 3124 A. P.. MAIIQN JR., ]NC., a California corporation ber'einafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF ENCINITAS, Caurlty of San Diego, 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 County o¢ San Diego, State of California, described as follows: ~'jaz c e i _.~'1~ :_.J~Z - O~_ ~; ~ (09-15-87) (AT:MDT:mrt) The Easterly 10.00 feet of Lot ll of RANCHO R[QUEZA, in the City of Enc'initas, in ti~e County of San Oiego, State of California, according to Map thereof No. 2'133, on file in the County Recarder's OFfice of said County. I The.~ra~ntor hereb further qran to the City of ~ rirjht.td'~_~tend.drainAge struc~ l~_.~, n uiego the privilege and s and excavation and embankmeltlopes beyond the limits of the herei~l 'described right-of-way w ~ required for the constructio~and maintenance of sa~d CoUnty ~;'~ghway. RESERVING unto grantor of the above described parcel of land~ his successors or assigns, the right~ to e}iminate such slopes and/or drainage structures or portions thereof, when in the w~itten opinion of the County and/or District Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substi- tution is f~rs[ appruved in writing by said Engineer(s). '1 hu G~anto~ hereby lurthur ~jr ~ts ~o (~ial,tt~(: all tre(]s, 9rOw]lhs (g~owing Or that may hereatter grow), a~ld road building matum~als witt',m s;i(I ¢i(jlml ~l way, irLch;ding d~(~ righl lo r, ike water, [oged~er with [l~e righl to use tile same in s~ch A.f'. MAItON JR., INC., a California corpor~ Lion STATE OF ~~ ) - SS. ,~ County of SAN ~16~ ) / ,/ On ~r~ ~p~(~r t¢~g , before me, the undersigned Notary Public in and for said County and S~ate, pe~sona~ly appeared proved to me on the basis of satisfactory evidence to be the ' --- - P~siden~ and .... proved to me on the basis of satisfactory evidence to be the . ~c~ary-(T~asurer), respectively, of the Corporation that executed the within instrument and acknowled~d to ~ %hat. such Corporation executed the within instrument pursuant ~ its by-laws or a resolution of its Board of Directors. WITNESS my ha~ and official seal. A OFFICIAL SEAL , Signature t~'~ ~~-' PRINCIPAL OFFICE IN (Typed or Printed) I certify on behalf of the City Council of the City of [ncinitas, pursuant to authority conferred by Resolution of said Council adopted gn July 27, 1987 that the City of Encinitas consents to the ~king of the foregoing Irrevocable Offer, Deed, 6rant, or Subordination Agree~nt, and consents to recordation thereof by its duly authorized officer WARREN SHAFER, C CCS~-,85 25, 5/77 WHEREAS, those parties concerned desire to have said Deed of Trust subordinated to said DOCUMENT; NOW, THEREFORE, for valuable consideration, the receipt of which is hereby ac- knowledged, the ur~dersigned BENEFICIARY 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. __SAN DIEGUITO UNION HIGH SCHOOL DISTRICT By; STATE OF County o~ ~n ~ ~/'"'~'~_~.' ,~ before me, the undersigned, a notary in and or said County and State, per/~oi~.lly appeared known to me to be *~:he pers~n/n ~"~. whose name sunscribed to the withi~nstrument, and acknowledged that ' executed the same. · WITNESS my hand and official seal. Notary Public in and for said County and State I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted qn July 27, 1987 that the City of Encinitas consents to the making of the foregoing Irrevocable Offer, Deed, Grant, or Subordination Agreement, and consents to recordation thereof by its duly authorized officer. / WARRE~ SHAFER, San ~' 1085 · .. Leucadla, California 92024 619/753-6491 Union Hi~3h School District Certificate of Acknowledgement, Public Agency California Civil Code, Section 11911 State of California, County of San Diego · On this ~day of ~x~ , in the year 1987 before me, the undersigned, a notary public in and for said State, personally appeared RODNEY E. PHILLIPS, ED.D., known to me to be the COORDINATOR OF SPECIAL PROJECTS of the SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, and known to me to be the person who executed the within instrument on behalf of said public agency, and acknowledged to be that such SAN DIEGUITO UNION HIGH SCHOOL DISTRICT executed the same. Witness my hand and official seal. em