2008-157784
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DOC # 2008-0157784
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Recording requested by:
MAR 25,2008 3:53 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'~; OFFICE
GREGOR'!' J. SMI TH, COUNT'!' RECORDER
FEES 0.00 'WA'(S 2
DC: NA
City of Encinitas
When recorded mail to:
PAGES:
10
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the Benefit of the City
11111111111I11111111111111 1111111111111111I111111111111111111111I1111111
SPACE ABOVE FOR RECORDER'S USE ONLY ,
PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT
Assessor's Parcel /
No. 260-315-04 V
W.O. No.: 05-207 CDP
324-1 / BP 06-865
MATTHEW BRENT STREBE AND CHRISTY STREBE, HUSBAND AND WIFE AS JOINT
TENANTS, hereinafter designated Grantor(s) do(es) hereby grant unto the City of Encinitas herein
designated Grantee, its successors and assigns, a perpetual easement upon, through, under,
over and across the hereinafter described real property for pedestrian access and use, for
drainage, and for the installation, construction, maintenance, repair, replacement, reconstruction
and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable
television, sewer, water, storm drain, appurtenant facilities, and all structures incidental thereto,
together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, and
any other obstruction interfering with the use of said easement by the Grantee, its successors or
assigns. To have and to hold said easement unto itself and unto its successors and assigns
forever together with the right to grant said easement, or any portion of said easement, to other
public agencies.
The portion of real property referred to above and made subject to said easement by this grant is
situated in the City of Encinitas, County of San Diego, State of California, and is particularly
described as follows:
See Exhibit "A" and Exhibit "B" attached hereto and made a part hereof by this reference.
There is reserved to the Grantor, his successors and assigns, the right and privilege to use the
above described land at any time, in any manner and for any purpose provided it does not
interfere with the right and privilege of use granted to the Grantee, its successors and assigns.
Grantor, for himself, his successors and assigns, hereby waives claim for any and all damages to
Owner's remaining property contiguous to the right-of-way hereby conveyed by reason of the
location, construction, landscaping or maintenance of said easement.
Dated this 2-3
day of ~o......V\,^-a..~
,2008.
Grantor:
Matt~i~
~A/l ~
Christy Strebe
[Signature of GRANTOR 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 94-1-7of said Council adopted on November 9,1994 that the City of Encinitas accepts
the foregoing Grant of Easement granted hereon, and con ents to r ordation ere by its duly
authorized officer.
Date: A~cJ. / B /Zt2&fi>
,
By:
Peter Cota-Robles
Director of Engineering Services
State of California
County of ~ ~
On I17t:wtlz I~ 2IJ()~ before me, ~AAJpIJ 11.P/~()R ,()tJ1J1tee, fJ(/~UC
(here insert name and title of the officer)
personally appeared /'~ C!blJI-- eO 13 L,&..5
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(~re subscribed to
the within instrument and acknow~ed to me that~he/they executed the same i@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.
RANDA G. .........
c....... e'e;:;j ..
Notlr) JIWfIc ~
, . ... na-.-
lS. --~.....)
· ~ ~'1':'; ,. ~11j
Signature ~~ 1 ~~
(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
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
@ Copyright 2007 Notary Rotary. Ine. 925 29th St., Des Moines, IA 50312-3612 Form ACK03. 10107. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryrotary.com
EXHIBIT "A"
LEGAL DESCRIPTION
AN EASEMENT OVER, UNDER, ALONG, AND ACROSS THE NORTHWESTERLY
5 FEET OF LOT 1, BLOCK 107, OF CARDIFF VISTA, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE MAP THEREOF, NUMBER 1547, FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER, MARCH 18, 1913.
EXCEPTING THEREFROM THE SOUTHWESTERLY 50 FEET OF SAID LOT 1.
THE SOUTHEASTERLY BOUNDARY OF THE ABOVE DESCRIBED EASEMENT
IS A STRAIGHT LINE EXTENDING TO THE POINT OF INTERSECTION WITH
THE CURVE AT THE NORTHEAST CORNER OF SAID LOT 1.
State of California
County of San ~
On~, :l.31 ;)()/)8 beforem~.,tlVOA ~ llI/l67Z)(.JK: n~'1 PI)8(/~
~ (here insert name and title of the officer)
personally appeared /l)J'lTTt/EW ~R~1J7 6~€L3{; -+ C.#~/...1Ttt 671f'E'I!l?
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is~bscribed to
the within instrument and acknowledged to me that he/sh@:9xecuted the same in hiS/h~h~
authorized capacity(ies), and that by his/he~e~nature(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.
, ", ", .. ~~o~. G: MILUcU 1
tfI5ommlstlon" 7.01....,
NoUry Nlllc . CIIIfomII
Sift DIetO County
l ~ ~.~~ ~~p.; 1'!';.~~ ~O) ~ j
Signalur::l?~~ ~~
(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
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:
L 0 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
@ Copyright 2007 Notary Rotary, Ino. 92S 29th St., Des Moines, IA S0312-361 2 Form ACK03. 10/07. To re-order, call toll-free )-877-349-6S88 or visit us on the Internet at http://www.notaryrotary.com
EXHIBIT "A"
LEGAL DESCRIPTION
AN EASEMENT OVER, UNDER, ALONG, AND ACROSS THE NORTHWESTERL Y
5 FEET OF LOT 1, BLOCK 107, OF CARDIFF VISTA, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE MAP THEREOF, NUMBER 1547, FILED IN THE OFFICE OF THE SAN
DIEGO COUNTY RECORDER, MARCH 18, 1913.
EXCEPTING THEREFROM THE SOUTHWESTERLY 50 FEET OF SAID LOT 1.
THE SOUTHEASTERLY BOUNDARY OF THE ABOVE DESCRIBED EASEMENT
IS A STRAIGHT LINE EXTENDING TO THE POINT OF INTERSECTION WITH
THE CURVE AT THE NORTHEAST CORNER OF SAID LOT 1.
EXHIBIT "B"
\'3~~' .,
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" ~-.Y.9.
LOTS 1. 2. 3. AND 4 IN BLOCK 107.
OF CARDIFF VISTA. IN THE CITY OF
ENCINIT AS. COUNTY OF SAN DIEGO.
STATE OF CALIFORNIA. ACCORDING TO
MAP THEREOF NO. 1547, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO. MARCH 1B. 1913.
EXCEPTING THEREFROM THE
SOUTHWESTERL Y 50 FEET THEREO
R=13.99,
A=12.21 '
,1=50 .00 SO"
~ HA TCHED AREA REPRESENTS
llilliJJ 5' EASEMENT
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In
APN: 260-~15-04
25'
1"=10'
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N30.05'02"W 100.08'
APN: 260..315-03
PE 1315
Ii PASCO ENGltEERING
(858) 259-8212
535 N. HWY 101. STE. A
SOLANA BEACH, CA 92075
Mar 17 08 08:51 a
Con netic
7609441373
p.7
SUBORDINATION AGREEMENT
Whereas, th~rties concerned, desire to e the Deed of Trust recorded
as FiletPageiQpc. N(p ;;l.OO~ - O{q 9 L{ <....\ ~ Subordinated to the Irrevocable Offer to Grant a
Generral Utility Easement ("Document" hereinafter) described above, as granted by MATTHEW
BRENT STREBE AND CHRISTY STREBE, HUSBAND AND WIFE AS JOINT TENANTS,
~7.~.o(p
Now, therefore, for valuable consideration, the receipl of vvhich is hereby acknowledged, the
undersigned 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.
3-I{'o~ ~J (fl
Dated Bene:icia~, "~;I City Mortgage
By (print): b C\. v;J
fV/o
I City Mortgage
By(p"nt);~ ~nr)
Title: Mo CLj u.X
~>J'1IcZ
Dated
[Signature of Beneficiary must be notarized. Attach the appropriate acknowledgment].
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Resolution 94-1070f said Council adopted on November 9, ,994 that the City of Encinitas accepts
the foregoing Grant of Easement granted hereon, and consents to recordation thereof by i duly
authorized officer.
Date: j}Uu~/~ Ie; 2fJtJ~
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
" .
State of Ohio
County of Montgomery
The foregoing instrument was signed before me this 11' t~ay of March, 2008, by
'J)QUuL d rY(\~ ' Mortgage Officer of National City Mortgage.
My commission expires:
State of Ohio
County of Montgomery
The foregoing instrument was signed before me thislr l-~ay of March, 2008, by
~.\ ~o... l.)~, Mortgage Officer of National City Mortgage.
My commission expires: ~
~~ ~-(Y\~
Notary Public
SHAWNDRA D. MOODY
NoIary Plllllc..'" 01 0Ill0
My~ ExllraA.... 30.2012
CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361.7
(~ / {\/ a ( EVLC;' V11'J-~~
. ,
Place of Execution
I certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
~\,q\07
Date
{tc;d-
Signature of Declarant
Chr;s:~ S~~
Ty or Pnnt Name
4/94
Recorder Form #R9
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust recorded
as File/Page/Doc. No. Subordinated to the Irrevocable Offer to Grant a
General Utility Easement ("Document" hereinafter) described above, as granted by MATTHEW
BRENT STREBE AND CHRISTY STREBE. HUSBAND AND WIFE AS JOINT TENANTS.
Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the
undersigned 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.
Dated
Beneficiary, National City Mortgage
By (print):
Title:
Dated
Beneficiary, National City Mortgage
By (print):
Title:
[Signature of Beneficiary must be notarized. Attach the appropriate acknowledgment].
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Resolution 94-1 Olof said Council adopted on November 9, 1994 that the City of Encinitas accepts
the foregoing Grant of Easement granted hereon, and consents to recordation thereof by its duly
authorized officer.
Date:
Peter Cota-Robles
Director of Engineering Services
City of Encinitas