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2006-71825 e D~ # 2006-0071825 /11111/1/111/00 1111111111111111111I11111111111111111111111111111111 .. , --") . - ~... Recording Requested By: .. , ~n ! I) ~-o& ); ~ /\ ~ B~ 0" ) ) City of Encinitas ) JAN 31, 2006 3:35 PM OFFICiAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNT'r' RECORDER FEES 0.00 'WAYS: 2 OC: NA PAGES 7 When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 ) ) ) ) ) ) ) ) )SP ACE ABOVE FOR RECORDER'S USE ONLY 11111I1111 111I111I1111111I111I111I111I111I111I Hili 111I 11I1 III III FOR THE BENEFIT OF THE CITY EASEMENT FOR CITY HIGHWAY Assessor's Parcel No. 258-350-29 Project No. 05-030 MIN, COP 05:-836 PC Yng Jiin Wang and Fung Fang Wang. Husband and Wife as Joint Tentant. 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, 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. 829 Bracero Road, Cheng, dedication 1 , '. "~e Grantor, for himself, Acessors and assigns, hereby waives t claim for any and all damages to Grantor's dedicated property conveyed by reason of the location, construction, landscaping or maintenance of said highway. Dated this day of . 2005 /In F-~~ ~ ~ ~A1M9 ~ #9t/67/ tvi~.,,":;'NK>1' I}"~r"ey ,n ~-r II Aq ~.s- Yng Jiin Wang' 6f!2::J Date I ~~ [;i;:;;f;, ~~ 4ft5'q#5/v5J: ~y hr- Fung Fang W g Dat~ By: f}/ / /g 106 , Peter Cota-Robles Director of Engineering Services City of Encinitas 829 Bracero Road, Cheng, dedication 2 e e , I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California }ss County of ~ ~~ On~V. 14, ~s:- before me,~A (J,"kllJJIl){)~ ~~ fJO&.!,C Dale Name and Tille of Officer (e.g., "Ja Doe, Notary Public") personally appeared fIAIJ Il7 ef/w 6t it'S I {)f. H Name(s) 01 Signer(s) o personally known to me ~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s~re subscribed to the wit~ instrument and acknowledged to m~\1let811e/they executed the same in CJ1,is1her/their ~thorized capacity(ies), and that by @tiler/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. CJ) 4-(efA.J tA ?(). J 14"tJtv{ ~ ~()\naf::re~ Nofary r:r 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. Place Notary Seal Above Description of Attached Document Title or Type of Document: eA6~ PI()T Document Date: /Il, ~ I 0 5 RJ /l t:.. /711 J.H~"W 1/-'1 Number of Pages: & Signer(s) Other Than Named Above: Capaclty(les) Claimed by Slgne~ Signer's Name: 6lHEAJ 6 o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General ~Attorney in Fact o Trustee o Guardian or Conservator o Other: #SIV€.H RIGHT THur.1BPRINT 0> Sll;NE'i Top of thumb here Fl/iJ6 Signer Is Representing: 'f ~ 9 VIA) CUlU)6 (ItJl~ J.U-AJJtj @ 1997 National Notary Associalion' 9350 De Solo Ave., P.O. Box 2402' Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. CaN Toll-Free 1-!loo-876-6827 . , . e e .. SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded (dd/mmlyy) 01-31A~OO,) , as File/Page No. 200')-0082822 and modification of Deed of Trust recorded , 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. . .",,, l!! ll'",~ --~,," ~~ 19~p.'t JPHorgan Chase Bank, If .~. ,,~ ." ,"~'J :!~'t;.!;' _ ~ - ,'~ {'\ 'v ~}t~; BENEFICIARY ~_.....,j// c ",. ,~ ~": ~",,~ ~~-t.:~~ .. '~\.~ ~:~~, ~~, . t"."~ '~!'~':;~:;:Y~'l.iI~Zje}~ ~ ~~ j:i ~ \\~ . . /y,~' fl . .... ... v, ".~ .~.) 1.. ~) ,(ff/ ....' , ?'iJ, ""_ \ '1 Ie, . . f"~ _-.d:' - Assi~nt ~ 1'r.~:tdent :.....:',~ '_,It Ii... ",-..1. "." ',L'" BENEFICIARY or TRUSTEE BY: BY: Title: Title: Tamara Aziz 01-05-2006 DATED DATED Signature of Owners to be notarized. Attach the appropriate acknowledgments . 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: BY: Peter Cota-Robles Director of Engineering Services City of Encinitas . 829 Bracero Road, Cheng, dedication 3 . . . . e e STATE OF FLORIDA COUNTYOFillLLSBOROUGH The foregoing Subordination Agreement was acknowledged before me this 5th day of January 5, 2006 by Tamara Aziz, Ass' t Vice President of JPMorgan Chase Bank, N.A. on behalf of the corporatio e rsonally known to me. (SEAL) GRACE STEVENS MY COMMISSION , DO 478790 EXPIRES: 0Ii:lbIr 4. all>> IlonCIId 1lIru NaIIry NlIlo ~ Notary 'c: Grace Stevens My Commission Expires: 10/04/09 STATE OF FLORIDA . e e 1\ . . . v EXHIBIT "A" EASEMENT FOR CITY IDGHWAY LEGAL DESCRIPTION VESTING: YNG JIIN WANG AND FUNG FANG WANG, HUSBAND AND WIFE AS JOINT TENANTS APN: 258-350-29 THE WESTERLY 20.00 FEET AS MEASURED AT RIGHT ANGLES OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DESCRIBED IN GRANT DEED RECORDED APRIL 20, 1998, AS DOCUMENT NO. 1998-0221514. EXCEPTING THEREFROM: THE WESTERLY 17.00 FEET AS DESCRIBED IN EASEMENT FOR CITY HIGHWAY, RECORDED MARCH 26,1998 AS DOCUMENT NO. 1998-0165054. CONTAINING 489 SQUARE FEET MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHmIT "B" THIS REAL PROPERTY DESCRIPTION AND PLAT HAVE BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ~.z~ MICHAEL SCHLUMPBERGER, PLS 7790 N"'/~ '1 Z<<>~ DATE W ANO APN 258-350-29 RD ESMT ... ? oy\~ r) ~\ ',\2J 0 EXHIBIT REQUEZA STREET . - 10 10 00 en 00 eN ..,. <g 0- ~ ,\6 r)c'C) o~ N 89'43'30" W ;.... ~I 10 - ;., 00 N 10 - S-J/2.SW-J/ 4.NE-J/ 4 NE-J/4.SE-J/4 . . en - lOt N. 'en Nit') 10. -0 o z 3' ~ 117' 0::....0:: ecbo I-N..,. zllt') w""~ ::E . 10 wu.... VlWo <(0::1 w>-oo . <(en ~~~ :J: ~~ . z-o f=:J:z Vl>-U xt:o wuo Ow ~. LaJoo 0."" <N ~E mo. zoo ..,. N 89'50'15" W r) d. ~\ os..; :0 10 MELBA ROAD DENOTES AREA OF EASEMENT ACQUISITION 489 SQ. FT. MORE OR LESS Right-Or-Way Engineering Services, Inc, Land Surveying 4167 Avenida de la Plata Ste. 114 . Oceanside, CA 92056 (760) 732-1366 FAX (760) 732-1367 Drawing file nome: Bracero Rd ROW.dwg 7 "Bft 1" = 1 00' SCALE ....) t\\}\ ')"\...... 334.85' w 335.00' .j LOCA TION FE DR. VICINITY MAP NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. CITY OF ENCINITAS EASEMENT PLAT APN 258-350-29 VESTING: YNG JlIN AND FUNG FANG WANG, HUSBAND AND WIFE AS JOINT TENANTS. DRAWN BY:" DATE: NOV. 7, 2005 SHEET 1 OF 1