2010-224186DO # 010-0224186
I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII III
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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
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N
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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
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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