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2010-224186DO # 010-0224186 I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII III ~n IIVIIIVIIIIIIIIIII Recording Requested By:' ~ l ) MAY 04, 2010 3:52 PM OFFICIAL RECORDS City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE ik. DAVID L. BUTLER, COUNTY RECORDER ' FEES: 0.00 WAYS: 2 !t~ OC: NA When Recorded Mail to: ) City Clerk) PAGES: 11 City of Encinitas 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 259-271-40 ✓ Bldg: 09-1296 Will and Susan Miller Family Trust dated August 22, 2006, 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. GRANTOR(S): illiam B. Miller, Trustee of the Will and Susan Miller Family Trust dated August 22, 2006 Susan T. Miller, Trustee of the Will and Susan Miller Family Trust dated August 22, 2006 l7 -IQ Date Date Signature of "GRANTOR(S)" to be notarized. Attach the appropriate acknowledgments. 1 1 1 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 Council of the City of Encinitas adopted on November 9, 1994 and r rantee nsents o r cordation thereof by its duly authorized officer. Peter Cota-Robles Date Director of Engineering Services City of Encinitas SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded in the office of the County Recorder of San/?iego County on Tun[, Z'f ?,tJJQ 9 , as Document No. ~Diq ~-0M67 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. BENEFICIARY Mortgage Electronic Registration. Systems, Inc. l~rlre~u ~USS Print Name cvt~ Signature Title Apri Z~(o 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. Peter Cota-Robles Date Director of Engineering Services City of Encinitas CORPORATE ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF COLLIN Before me, Yvette Coria, a Notary Public on this day personally known to me appeared f hd i-2u Foss , to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said corporation, and that she had executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office, this 2"?-~"day of A12~C 1' 2010. (Personalized Seal) ""JAY ^U~ YVETTE CORIA My Commission Expires February 13, 2012 My commission expires the 13 day of February, 2012 Yvette Coria (Print name of Notary Public here) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of &21,, D! tC O On z-v~ 1204ore me, ;i4 ,009 6.,L!144-nL)R, 1007N I~ P1J,64,le. Date Here Insert Name and Title of the Officer personally appeared J'77F/e C67W-- :;~D6L6s Name(s) of Signer(s) who proved to me on the basis of satisf pry evidence to be the person(s) whose name(sre subscribed to th within instrument and acknowledged RANDA G. MILU&i t e that OeAhe/they executed the same in Commission •1709664 i r/their authorized capacity(ies), and that by Notary Public - WA, San Diego County CaBfornia his er/their signature(s) on the instrument the NW My Commission Exp. Jan. 6, tot t 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. Place Notary Seal Above OPT WITNESS my hand and official seal. Signature Sign re of Notary Publi IONAL 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: ❑ Corporate Officer- Title(s): Sig Individual Partner- ❑ Limited ❑ General Top of thumb here Attorney in Fact Trustee Guardian or Conservator Other: ner Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - - - - - c 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THE SOUTH ONE-HALF OF LOT 5 OF BLOCK "N" OF AVOCADO ACRES UNIT NO. 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2138, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 7, 1928. X51 0 (~1~ JZoio PAUL E. GOEBEL, P.L.S. 8486 DATE E AND PAUL E. GOEBEL 7M No. 8486 ~~\Exp. 12/31/10/_ OF GAL\ o EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT THE WESTERLY 8 FEET OF THE SOUTH ONE-HALF OF LOT 5 OF BLOCK "N" OF AVOCADO ACRES UNIT NO. 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2138, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 7, 1928. 04(IQ/LO10 PAUL E. GOEBEL, P.L.S. 8486 DATE (PAUL E. GLEBE: *I No, 8485 Exp. 17/31/1 O CAS EXHIBIT licif W w> z~ J F- Q 2 ZO "a I I OT 4 OT 14 i i N 89'27'52" W 145.84' \ I I Q I o° I POR. LOT 5 N 2 °~I ' ~ o 0 u ) N `fi N Q W 1 N 89'27'52" W 145.84' w LOT 15 to 00 Lf) 8.00' POR. LOT 5 o . Z N BLOCK N 0 ~ Z MAP 2138 N89'27'52"W 145.84' 20' 20' 40' I I LOT 6 LOT 16 AREA = 500 SQUARE FEET NOTE: BEARINGS AND DISTANCES SHOWN HEREON ARE DETERMINED FROM RECORD DOCUMENTS. 30' SCALE: 1"=40' CORNERSTONE ENGINEERING INC. 620 MISSION AVENUE OCEANSIDE, CA 92054 (760) 722-3495 JAN 19, 2010 \G~~~~O LAND PAUL E. GO EL * No. 8486 Exp. 12/31/10 ~``f 9~ OF O~~~P O( y d PAUL E. GOEBEL PLS 8486 DATE SHEET 1 OF 1 PROPOSED 8' WIDE ROAD EASEMENT DEDICATION 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of &Q/1/1 'AN ~p 61 04~Ck /7 !D before me,~V ke 7 ~0,e416 Date / / Here Insert Name and Title of the Officer ' personally appeared ~i (f /p,`Y1 / 114g/C G>r41l,~C 3(i h--Aj j !(.(/,(,,L6X Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i are subscribed to the within in trument and acknowledged RANDA G. MILUfx1R to me th he/she/ executed the same in Commission 41709664 < his/heV authorized capacity(ies), and that by Notary Public - CaYfornis his/hesignature(s) on the instrument the San Diego County person the entity upon behalf of which the MY Commission Ezp. Jan. 6, tot t 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: ~~Slgna Place Notary Seal Above OPTIONAL o olic 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: 6e F~IA2 t~GlC le -Q - ►7/ Document Date:--3/1-7//Z) Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact Trustee /70 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . au.nau. rimy.-Y- i-OUV- 0INUTANY (1-CUU-blb-M'/) Number of Pages: Item #5907