Loading...
2010-146830I~1 t~ J~ Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC p 2010-0146830 1111111 IN 1111111111 All 111111111111111111111111111111111111111111 MAR 24, 2010 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNT' RECORDER FEES: 0.00 1NA`7'S: 3 OC' NA PAGES: 14 111111 ulll IIIII IIIII ulll IIIII IIIII IIIII IIIII IIIII ulll IIIII IIIII ulll ull IIII SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 254-101-25-00 ✓ Case 09-050 COC IAN J. POPOFF, A SINGLE MAN hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, do(es) hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, an Easement for Public Street Right-of-Way, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-52 adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part hereof, the real property described as follows: SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF. - GR'RNTOR(:~ 'f r IaKJ. Popoff, Owner Date Signature of "GRANTOR(S)" to be notarized. Attach the appropriate acknowledgments. GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Coun it of the City of Encinitas adopted on November 9, 1994 and higrant~gAnsennto~recordation thereof by its duly authorized officer. Z/ Peter Cota-Robles Date Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On F j ,~N~ ~(~Znly before me, 9441H 44) L~ i--1 i(JO11kR:(f f ( 9 Date Here Insert Name and Title of the Officer personally appeared r-F Name(Sf of Signer(vJ who proved to me on the basis of satisfactory evidence to be the person(gwhose nameAis/aft-subscribed to the within instrument and acknowledged to me that jb* he/slaeAhey executed the same in his/ber4ha r authorized s capacity(iA, and that by his/laeAheir signature(,, on the . c0ow o instrument the person J, or the entity upon behalf of nOr~ which the person05) 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. q " Signature ('~1~ u'll ~ ~ZZ, Z' k, Place Notary Seal Above 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 Q ltS'~eL-Y~ Title or Type of Document: Document Date: T_"t-1 V H.7-010 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 'rYL Signer's Naf 2~ Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Z_ Top of thumb here Number of Pages: ❑ Corporate Officer -s% ❑ Partner - ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ Guardian or /oerj ❑ Other: Signer loepresenting: 02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Open End Deed of Trust recorded in the office of the County Recorder of San Diego County on August 11, 2005, as Document No. 2005-0688981 of official records, subordinated to Easement for Public Street 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 Open End 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. BENEFICIARY or TRUSTEE jPMgt'~ 6n"1 Ct4AS6 BAIJK , NA. Print Name for JPMorgan Chase Bank, N.A. Signature wcr: PROS 1DVQ-r Title m14,tcN zz, 2©10 Date Signature of Beneficiaries/Trustees 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 nsents to recordation thereof by its duly authorized officer. Peter Cota-Robles Date Director of Engineering Services City of Encinitas State of ARIZONA County of MA.zICOPA On _ m,%ILcN 22a zo ~o before me, N O R M /q Name & Title of Officer personally appeared ANCHA&I 34,yluftf . VIDE' P86A)&NT JPWQX61A CNAS£ 0,1,E<' AM. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), & that by his/her/their signatures(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 & correct. WITNESS my hand & official seal W. LEDEIINA Notary Public - gzona M &tOPa county E*kn Signature of Notary P4 OW1-V2011 Notary Seal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .n,4•.~t3~Y`~~.~.4=c`~t`.crc-~'~.~c~,Fc>~,~f'~ - - ,4~c~~~~:~~~'~,CC,c~',~c,~,~ecc',c:E>,~=~.~.c~S`.ec~,Fc State of California County of On DD-04- tib before me, Date personally appeared DEANA GAY Commission #t 1862433 Notary Public - Califor'a San Diego County • M Cam. Expires Aug 23, 2013 Place Notary Seal Above WITN who proved to me on the basis of satisfactory evidence to be the person(gq~ whose name(R) is/are subscribed to the within instrument and acknowledged to me that he%He*t executed the same in his/fir authorized capacity(4esj; and that by his/her/#heir signature( on the instrument the person(ar, 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 gk"lifornia that the foregoing paragraph is true and copfect. Signature and offi Signature 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing W911,119%. M!" Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb here ©2007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust to Secure Indebtedness recorded in the office of the County Recorder of San Diego County on March 26, 2007, as Document No. 2007-0199936 of official records, subordinated to Easement for Public Street 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; however, nothing in this Subordination shall otherwise operate to alter in any way, change, or modify the terms and conditions of the Deed of Trust or in any way release or affect the validity or priority of Liendolder's liens on the Lands, except as provided above. Print Name for Mortgage Electronic Registration Systems, Inc., the lender being Suntrust Mortgage, Inc. Title Signature Fr i , c j Date Signature of Beneficiaries/Trustees 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. aj Peter Cota-Robles Date Director of Engineering Services City of Encinitas STATE OF VIRGINIA CITY OF RICHMOND I, Delores L. Barker a Notary Public of the State and City aforesaid, hereby certify that Tammy L. Brooks personally came before me this day and acknowledged that he is the Assistant Secretary of MERS, Inc., a Delaware corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by the same Assistant Secretary. Witness my hand and notary seal, this I day of t t k is L i j ~l / , 2010. (SEAL) CELUES L. BARKER Notary Public Commonwealth of Virginia 254288 My Comrnimon Expires Jul 31, 2012 Lli Notary Public My Commission Expires: July 31, 2012. Registration No. 254288 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V_ On 3/1 20! o before me,7RAA)01-` 4• Pl - U/2, /vim 1°U$L!C Date Here Insert Name and Title of the Officer personally appeared tLe- ZE/(~ C07W 206 L 87-5 Name(s) of Signer(s) RANDA G. WL UOUR Commission 61709664 ~ Notary D y coumy My Commission Exp. Jan. 6, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is a subscribed to the within instrument and acknowl ged to me that e/ he/they executed the same i is er/their authorized capacity(ies), and that by66 eir 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. Signature Sig ure 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer -Title(s): - ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A LEGAL DESCRIPTION Parcel 1 of Parcel Map No. 12782, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder, June 23, 1983 as File No. 83- 212400 of Official Records. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. Signature: Dan Hooper, LS 7249 License Expires 12/31/10 Date: December 4, 2009 A N 0 SU r*rE Q S 0 0 PIRES 12-D31.10 ~r No. 1249 ~ \F Df C AI~~~/ EXHIBIT B LEGAL DESCRIPTION That land, being a portion of Parcel 1 of Parcel Map No. 12782, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder, June 23, 1983 as File No. 83-212400 of Official Records, described as follows: The northerly 5.00 feet of Parcel 1 of Parcel Map No. 12782, adjacent to Hillcrest Drive. The southerly line being 25.00 feet from the centerline of Hillcrest Drive. The above described parcel of land contains 50 square feet, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. Signature: 6tu~~ Dan Hooper, LS 7249 License Expires 12/31/10 Date: December 4, 2009 SEA LANQ SO N 0 9 Q t'` o N. v ~ A 9 it EXPIRES 12-31.10 ~t No. 7249 #f CAtc EXHIBIT C o ~ - N 1p pp' ~e7dAleE N 0 25 50 SCALE:1 "=50' N cen~er~jn % c3? D~\ve o ~~\\OCe ~Frq/C cente~l~ne / c\ve ~ ~ pest D l , 1p pp2p'1a»~ o o N~ 4 \ r Sheet • on \ oed`cot~ 1 1 cr no- Z N 0° recd 1 ~ N NOTE: \ THIS PROJECT IS A COMMON INTEREST SUBDIVISION CONSISTING OF A TWO-UNIT CONDOMINIUM PLAN PURSUANT TO \ W SECTION 1351 OF THE CALIFORNIA CODE. 9 u%0 5535.9 0 N~ 4'Zp 4,1 25 ° N~ APN:25PM12~82 p.R ~ 45.99 p . ~g'3~1 ~g2 N14°1 2 PM 12 r P PR Conway & Associates, Inc. 12104109 2525 Pio Pico Drive a Suite 102 Carlsbad, CA DAN HOOPER, LS 7249 DATE TEL: (760) 753-1453 a FAX: (760) 434-8351 REGISTRATION EXPIRES 12-31-10 JN: 07-001 POPOFF 92/04/C EXHIBIT "D" Terms and Conditions for Dedication of Easement for Public Street Right-of-Way The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of the public street easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right-of-way upon, through, under, over, and across the hereinafter described real property for use as public street right-of- way, including 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, as well as other public right-of-way uses deemed necessary by Grantee, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right-of-way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right-of-way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said public utilities or structures incidental thereto. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right-of- way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described on the document dedicating or irrevocably offering the dedication. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement and right-of-way any building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated. Grantor for himself, his successors and assigns, hereby waives claim for any and all damages to Grantor's remaining property contiguous to the public street right-of-way conveyed by the dedication or offer of dedication by reason on the location, construction, landscaping, or maintenance of said public road right-of-way. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of easement for public street right-of-way. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantor by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor.