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2011-88857D0C 2011-0088857 i 1111111111111111111111111111111111111111111111111111111111111 IN III Recording Requested By. 1 I ~l~ , ) FEB 15, 2i~11 3:51 PM City of Encinitas y , ) OFFICIAL RECORDS V_ SAN DIEGO COUNTY RECORDER'S OFFICE When Recorded Mail to: ) Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 WAYS: 2 City Clerk ) OC: NA City of Encinitas ) PAGES: 12 505 South Vulcan Avenue ) Encinitas, CA 92024 ) 111111IIIIIIIIIIIIIIIIIIIIIII{I~~~~~~~~~~IIIIIIIIIIIIIII11111IIIIIIIIIIIIIIIININ SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY ~a EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY G Assessor's Parcel No: 260-082-18-00 Building Permit 10-921 DOCUMENTAR'Y' TRAN%S 7ER TAX $ ~f DAVID G. KUNKLER AND LIA B. MCARTHUR, CO-TRUSTEES OF THE DAVID G. KUNKLER AND LIA B. MCARTHUR FAMILY TRUST, DATED FEBRUARTY 28, 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. GRA OR DAVID KUNKLER z/z T Date LIA MCARTHUR Z /Z-/Z_0 I ( Date Signature of "GRANTOR(S)" to be notarized. Attach the appropriate acknowledgments. CALIF ORN iA II U REAM' W y v P ~ATEN'T 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 a rant c ns is recordation thereof by its duly authorized officer. M M Peter Cota-Robles Dat 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 Diego County on JUNE 15, 2010, as Document No. 2010-0298256 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 _ . h-ereby 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. MIN 100115410040477466 "MERS" is a Mortgage Electronic Registration Systems,lnc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. BENEFICIARY Print Name: Mortgage Electronic Registration Systems, Inc. as Nominee for RMR Financial, DBA Princeton Capital kly Title 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. 4 M.A Peter Cota-Robles Director of Engineering Services City of Encinitas 2 Z/2 Date( EXHIBIT "A" LEGAL DESCRIPTION'OF PROPERTY The Southerly 90 Feet of the Westerly 115 Feet of Lot 8 of Ridgeway heights, In the City of Encinitas, 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 as shown on the record of survey of said Ridgeway heights, Filed for the purposes of correcting errors in the original map being record of survey no 193, filed in the office of the County Recorder of San diego County, September 20, 1945. APN: 260-082-18 2G 2 . V EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT THE WESTERLY 2 FEET OF THE SOUTHERLY 90 FEET OF THE WESTERLY 115 FEET OF LOT 8 OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS, 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 AS SHOWN ON THE RECORD OF SURVEY OF SAID RIDGEWAY HEIGHTS, FILED FOR THE PURPOSES OF CORRECTING ERRORS IN THE ORIGINAL MAP BEING RECORD OF SURVEY NO. 1193, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 1945. N 10, 6 J p~ y~ /i A x Ag P, PST O F ENS E /ONE NT 2S~ a I e I~ J i IV 78°42/AO 11,5 1 2) APIV, 260- o82 18 AnE4 op ow ie4 "O-/G t i! o ° y Acv ac ~V Q Q /D 0. I15 42 .14"T. Rr ~ yl elly / ry 144 "d scgLE IN s N o W 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5001:)CeDC2 On e. , ( d*0tfbefore me, DaD ((nn personally appeared ( i~ l ( A y U V' and Title of CML CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iefare subscribed to the within instrument and acknowledged LINOSEY POST to me that Ae4heAhey executed the same in 10 Commission # OS 1475 td97M Fttheir authorized capacity(ies), and that by rA 191 Notary Public - California Their signature(s) on the instrument the L-My San Diego County person(s), or the entity upon behalf of which the Comm. E Tres Nov 1, 2014 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 y h d an of cial s al. Signature Vguay Place Notary Seal Above re of Not 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: D01. /4 -4- 1 as t, 1 DY" Signer(s) Other Than Named Above: 41 Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ Attorney in Fact ❑ Trustee El General Top of thumb here ❑ Guardian or Conservator I I Other: Signer Is Representing Number of Pages I Signer's Name: Ii Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here C' Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association - NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 STATE OF: NEW JERSEY ) COUNTY OF: BURLINGTON) On the 28th day of January in 2011 before me, Dorothy J. DeMarco the undersigned, personally appeared Karen Carr, personally known to me as Asst. Secretary of Mortgage Electronic Registration Systems, Inc. as nominee for RMR Financial, DBA Princeton Capital. Notary ignature Notary Expires: 11 / 15/12 DOROTHY J. DEMARCO (Votary Public of New Jersey My Commis ion Expires Nov. 15, 2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of lQ On before me,2fl~lDfy It'/4.1l/L,L7VU/2, A)07 If 11) L/C, Date p Here Insert Name and Title of the Officer personally appeared ,,;)7A - Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is re subscribed to t within instrument and acknowledged X a that =he/they executed the same in r/their authorized capacity(ies), and that by er/their signature(s) on the instrument the RANDA GAIL MILLJOUR person(s), or the entity upon behalf of which the Commission #1916144 < person(s) acted, executed the instrument. Notary Public - California > San Diego County I certify under PENALTY OF PERJURY under the My Commission Exp. Jan. 6, 2015 ..~---r-- laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ~ v Place Notary Seal Above OPTIONAL ature of Notary Public 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): ❑ Individual ❑ Partner- ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Number of Pages: ❑ Corporate Officer- Title(s): ❑ Individual Top of thumb here ❑ Partner - ❑ Limited ❑ General Top or thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907