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2010-324597D0C 2010-0024507 I Illllil IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III Recording Requested By (l,) JUN 28, 2010 8:38 PM / l OFFICIAL RECORDS City of Encinitas SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER .00 A , 'hl FEES: 0 WAYS: 2 When Recorded Mail to: oc: N NA 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 O Assessor's Parcel No: 26,x-073-11-00 Case 10-l Ll ' MIKE A. GRANIERI AND MICHELLE A. GRANIERI, HUSBAND AND WIFE AS JOINT TENANTS, 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): Mike A. Granieri a. Michelle A. Granieri Date t~ 1S 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 Reso ution of the City Council of the City of Encinitas adopted on November 9, 1994 and rantee se t recordation thereof by its duly authorized officer. Peter Cota-Robles Dot Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofl- 0400 On 2,0/O before me, ('i.14/!-GTl1Uti', V QTi i~% PyfQL/G , Da At Here Insert Name and Title of the Officer personally appeared Pt 7e-le CdTA- 20.61 _&:5 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed to th within instrument and acknowledged t me that 9she/they executed the same in i er/their authorized capacity(ies), and that by IVDAG er/their signature(s) on the instrument the COWAOIN1 m 01709664 person(s), or the entity upon behalf of which the Notwy Puw • cwftn" San Di"o Ca~Mty . person(s) acted, executed the instrument. My Exp. Jan. 6, 2011 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: Place Notary Seal Above Sig ture of Notary Pu i Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer -Title (s): ❑ Individual ❑ Partner- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 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: Number of Pages: Top of thumb here 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 © 2009 National Notary Association • National Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LOT 22 OF RIDGEWAY HEIGHTS, IN THE CITY OF CARDIFF BY THE SEA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 3, 1929 AND ALSO SHOWN ON THE RECORD OF SURVEY MAP NO. 1193, FILED SEPT. 20, 1945 MADE FOR THE PURPOSE OF CORRECTING ERRORS IN THE ORIGINAL MAP. SAID PORTION OF LOT 22 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 22, THENCE SOUTH 78042'10" WEST ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 180.00 FEET; THENCE NORTH 11 °17'50" WEST 75.00 FEET; THENCE NORTH 78042'10" EAST 180.00 FEET TO THE EASTERLY LINE OF SAID LOT 22; THENCE SOUTH 11017'50" EAST ALONG SAID EASTERLY LINE 75.00 FEET TO THE POINT OF BEGINNING. JOHN DOUGLAS BAKER, L.S. 6287 ./-i.- EXHIBIT "B" LEGAL DESCRIPTION THE EASTERLY 2.00 FEET OF A PORTION OF LOT 22 OF RIDGEWAY HEIGHTS, IN THE CITY OF CARDIFF BY THE SEA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 3, 1929 AND ALSO SHOWN ON THE RECORD OF SURVEY MAP NO. 1193, FILED SEPT. 20, 1945 MADE FOR THE PURPOSE OF CORRECTING ERRORS IN THE ORIGINAL MAP. SAID PORTION OF LOT 22 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 22, THENCE SOUTH 78042'10" WEST ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 180.00 FEET; THENCE NORTH 11 °17'50" WEST 75.00 FEET; THENCE NORTH 78042'10" EAST 180.00 FEET TO THE EASTERLY LINE OF SAID LOT 22; THENCE SOUTH 11 017'50" EAST ALONG SAID EASTERLY LINE 75.00 FEET TO THE POINT OF BEGINNING. JOHN DOUGLAS BAKER, L.S. 6287 EXHIBIT "C" DEDICATION PLAT T K U E5 E N S T E I N A 0 0 t6 0 0 51 r 17' 15"E 74.99' 5CALE 1'=20' CENTEKL I NE V E N U E 2.0' DEC)I GAT I ON OF RIGHT OF WAY TO THE CITY OF ENG I N I TA5 PROPERTY LINE PORTION OF LOT 22, MAP 2163 13,486 80. FT. PROPERTY LINE5 SHOWN HEREON PER 60UNC)AKY SURVEY PERFORMED 6Y 6AKEK LAND SURVEYS 11/30/09 LEGAL C)E5CK I PT I ON- A PORTION OF LOT 22, MAP 2163, CITY OF CARDIFF 6Y THE 5EA, COUNTY OF 5AN DIEGO, STATE OF CALIFORNIA. 74.8 51TE AC)C)KE55- 1322 KU6EN5TEIN AVE. ENG I N I TA5, GA. 92007 A.P.N. 260 - 073 -11 K BAKER LAND SURVEYS INC. 61-5 JO6 #W8)47 CARLSBAD, CA. (760) 729-6676 61-5 DWG #647C)EC)-FLAT 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. r ,r SUBORDINATION AGREEMENT The undersigned, Mortgage Electronic Registration Systems, Inc. is the owner, beneficiary, and holder of that "Deed of Trust" dated November 24, 2009 executed by Michael A. Granieri and Michelle A. Granieri, husband and wife, as Trustor, recorded as Instrument No. 09-680879 on December 9, 2009, in the Office of the County Recorder of San Diego County, affecting the real property in the City of Encinitas, County of San Diego, State of California legally described as follows: THAT PORTION OF LOT 22 OF RIDGEWAY HEIGHTS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 2, 1929 AND AS SHOWN ON RECORD OF SURVEY MAP 1193, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 1945, MADE FOR THE PURPOSE OF CORRECTING ERRORS IN THE ORIGINAL MAP. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 22, THENCE SOUTH 78° 42' 10" WEST ALONG THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 180.00 FEET; THENCE NORTH 11° 17' 50" WEST 75.00 FEET; THENCE NORTH 78° 42' 10" WEST, SAID 180.00 FEET TO THE EASTERLY LINE OF SAID LOT; SOUTH 11° 17'50" EAST ALONG SAID EASTERLY LINE 75.00 FEET TO THE POINT OF BEGINNING. APN: 260-073-11 which real property and appurtenances thereon are referred to herein as the "Property." The undersigned hereby waives the priority of said "Deed of Trust" and subordinates the lien of the above-mentioned Deed of Trust to the interests, rights, and in entitlements in the Property created under the following described instrument: That certain document entitled "EASEMENT FOR PUBLIC STREET RIGHT- OF-WAY" executed by Michael Granieri and Michelle Granieri on April 5, 2010. The lien of the Deed of Trust shall be subject and subordinate to the interests, rights, and entitlements created by the above-mentioned document as though the Deed of Trust had been recorded after the EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY document described above. Page 1 of 2 t , , , Dated: June 24, 2010 Mortgage Electronic Registration Systems, Inc. aAd~ By: Name: Andrea Foss Title: Assistant Secretary CORPORATE ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned, a tart' Pub i n this day personally appeared known to or proved to me on the oath of ___7,-to-7e-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 (Personalized Seal) i YVETTE CORIA My Commission Expires February 13. 2012 5C. 2,qA day of ~L Lf~ '2010. (Print name of Notary Public here) My commission expires the 13 day of February, 2012 P,' e J, 0 a Yvette Coria