2011-204401D O C # 2011-0204401
11111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII II
IIIII IIIII IIII IIII
Recording Requested By: APR 19, 2011 3:54 PM
OFFICIAL RECORDS
City of Encinitas SAN DIEGO COUNTY RECORDERS OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
SJ' FEES: 0.00 WAYS: Z
When Recorded Mail to: oC. NA
City Clerk PAGES: 12
City of
5 5 South nciVunitas
n Avenue
Encinitas, CA 92024 11111 oil 111111111111111111111111111111111111111111111 IN 1111111111111
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
PUBLIC EASEMENT FOR PRIVATE STREET
DdOCUME,,,A,Y TRANSFER TAX
Assessor's Parcel No. 258-112-12 Case TM 08-066
ENCINITAS 9, LLC, A DELAWARE ` LIMITED LIABILITY COMPANY, 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 and convey for valuable consideration to the City of Encinitas, State of
California, hereinafter called GRANTEE, a Public Easementfor Private Street, subject to the terms
and conditions set forth in City of Encinitas Resolution 2009-53 adopted October 28, 2009,
included as EXHIBIT "D" which is attached and made apart hereof, the real property described
as follows:
SEE EXHIB
GRANTOR(S):
" AND "C" ATTACHED HERETO AND MADE A PART HEREOF.
to/Z--7 it 0
Date
0C-L,4 tj,,l r6 C_ r v+1Sfc=0 L 17,A6tZLr /
DoQ Greming r, President
C-&!C.rk1m TA'S ~l , U-C A
Nicole Murray, Assistant S tary
10423- / r J C O /,141"1+1,j
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
Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
Date
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of dw
On . before me,
Date Here Insert Name and Title of the Officer '
personally appeared Pnle &7w' 2oQ~Es
Name(s) of Signer(s)
RANOA G. INIt.U0t1R
Commission #1709664
Notwy Public - Cawonw
San Diego County
fUy ission Exp. Jan. 6, 2011
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) s/ re
subscribed to th within instrument and acknowledged
e that he/they executed the same in
er/their authorized capacity(ies), and that by
h' her/their 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.
Place Notary Seal Above
WITNESS my hand and official seal.
Signature:
Sign re of Notary Pu is
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:
❑ Corporate Officer - Title(s):
❑ Individual
❑ Partner-[] Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Top
7 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
v ~uua rvanonai Notary Nssociauon • Nationauvotary.org • 1-Boo-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS.
On October 27, 2010 before me, Barbara Alexander, Notary Public, personally
appeared David Greminger and Nicole Murray who proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons or the entities upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Sate of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. r
4 1
IvIl-v Notary Public in and for said State
(SEAL)
BARBARA A7L[:XANDER
Commission # 1730156
;i Notary Public - California
z Orange County
Comm. 'res Mar 10, 2011
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 September 22. 2010 , as Document No.
2010-0486288 of official records, subordinated to PUBLIC EASEMENT FOR PRIVATE STREET
("DOCUMENT" hereinafter).
Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the
undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of said
DOCUMENT to the some extent as if said DOCUMENT had been executed prior to said Deed
of Trust.
BENEFCIARY: Encinitas 9 Lender, LLC,.A California Limited Liability Company
Print Name
Jeff Greenberg
Treasurer
Title
Si afore
L -7 -
Date
Signature of Beneficiary 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
there of by its duly authorized officer.
AA' Peter Cota-Robles
Director of Engineering Services
City of Encinitas
Z,Z2
Date
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS.
On October 27, 2010 before me, Barbara Alexander, Notary Public, personally
appeared Jeff Greenberg who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacity, and that by their signature on the
instrument the person or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the Sate of California that the
foregoing paragraph is true and correct.
1
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
BARBARA ALEXANDER
Commission # 1730156
Notary Public - California
Orange County
Comm. D fires Mar 10, 2011
EXHIBIT "A'
LEGAL DESCRIPTION OF PROPERTY
ALL THAT PORTION OF THE EAST 11 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, BEING WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19,
1881, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF SAID SECTION
15, DISTANT THEREON NORTH 89 35' 30" WEST 145.00 FEET FROM THE SOUTHEASTERLY CORNER
THEREOF; THENCE NORTH 0 24' 30" EAST 20 FEET; THENCE NORTH 3105' 45" WEST 234.86 FEET;
THENCE NORTH 78 45'40" WEST 63.47 FEET; THENCE NORTH 88 52' WEST 125.00 FEET; THENCE
SOUTH 86 01' WEST 52.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 6106' WEST
34.46 FEET; THENCE NORTH 33 04' WEST 41.48 FEET; THENCE NORTH 26 01' WEST 204.21 FEET;
THENCE SOUTH 86 01' WEST 58.03 FEET TO A POINT IN THE WESTERLY LINE OF SAID EAST 11 ACRES
OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
15; THENCE SOUTH 128' 34" WEST ALONG SAID WESTERLY LINE 459.25 FEET TO A POINT IN THE
SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTH 89 35'30"
EAST ALONG SAID SOUTHERLY LINE 35 FEET TO A POINT IN A LINE WHICH IS PARALLEL WITH AND
EASTERLY 35 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY LINE OF THE EASTERLY 11
ACRES; THENCE NORTH 128' 34" EAST ALONG SAID PARALLEL LINE 216.01 FEET MORE OR LESS TO A
LINE WHICH BEARS SOUTH 86 01' WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 86
01' EAST 171.92 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION AS GRANTED TO THE STATE OF CALIFORNIA IN A DOCUMENT
RECORDED JANUARY 3, 1962 AS INSTRUMENT NO. 1962-1038 OF OFFICIAL RECORDS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, AS CONVEYED TO
ARCHIE J. MOKS, JR., BY DEED RECORDED AUGUST 21, 1956, IN BOOK 6228, PAGE 346 OF OFFICIAL
RECORDS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING
SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 15, SAID CORNER BEING MARKED BY A TWO INCH IRON PIPE HAVING
COORDINATES X-1, 682,822.11 FEET AND Y-320,591.15 FEET; THENCE ALONG THE SOUTHERLY LINE
OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER SOUTH 88 56' 26" EAST, 802.66 FEET;
THENCE NORTH 103'34" EAST, 20 FEET TO THE POINT OF BEGINNING; THENCE NORTH 80 24'34"
WEST, 101.12 FEET, THENCE NORTH 87 02' 28" WEST, 150.03 FEET; THENCE NORTH 72 12'06" WEST,
236.12 FEET; THENCE SOUTH 76 21' 00 WEST, 185.00 FEET; THENCE NORTH 9 04' 34" WEST, 733.77
FEET TO THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER;
THENCE ALONG SAID WESTERLY LINE OF SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
NORTH 2 24' 53" EAST, 346.66 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER, SAID CORNER BEING MARKED BY 1 1/2, INCH IRON PIPE HAVING
COORDINATES X-1, 682,878.16 FEET AND Y-321,920.17 FEET.
K:\Land Projects 3\492-1148-600\Legals\Property Legal description.docx
PARCEL 2:
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF SAID SECTION
15, DISTANT THEREON NORTH 39 35' 30" WEST 145.00 FEET FROM THE SOUTHEASTERLY CORNER
THEREOF; THENCE NORTH 0 24' 30" EAST 20 FEET; THENCE NORTH 3105' 45" WEST 234.86 FEET;
THENCE NORTH 78 45'40" WEST 63.47 FEET; THENCE NORTH 88 52' WES7125.00 FEET; THENCE
SOUTH 86 01' WEST 52.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 128' 34" WEST
20 FEET; THENCE SOUTH 57 36' 35" WEST 206.11 FEET TO A POINT IN A LINE WHICH IS PARALLEL
WITH AND EASTERLY 35 FEET MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID
EASTERLY 11 ACRES ABOVE MENTIONED; THENCE NORTH 138'34" EAST ALONG SAID PARALLEL LINE
118.50 FEET TO A LINE WHICH BEARS SOUTH 88 01' WEST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 85 01' EAST 171.92 FEET TO THE TRUE POINT OF BEGINNING
A ND A. MAROIS, TZE941
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DATE
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ARMAND A. G
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K:\Land Projects 3\492-1148-600\Legals\Property Legal description.docx
EXHIBIT "B"
(PUBLIC EASEMENT FOR PRIVATE STREET, PRIVATE ROAD & DRAINAGE FACILITIES)
ALL THAT PORTION OF THE EAST 11 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, BEING WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST 11 ACRES, OF THE SOUTH HALF, OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15; THENCE SOUTHERLY ALONG
THE WEST LINE OF SAID EAST 11 ACRES, SOUTH 1°5729" WEST, A DISTANCE OF 629.82 FEET, TO AN
INTERSECTION WITH THE NORTH LINE OF THAT PORTION OF LAND GRANTED TO THE STATE OF
CALIFORNIA PER DOCUMENT RECORDED JANUARY 3, 1962, AS FILE No. 62-001038 OF OFFICIAL RECORDS
OF SAN DIEGO COUNTY, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID
WEST LINE, NORTH 0105729" EAST, A DISTANCE OF 139.32 FEET; THENCE LEAVING SAID LINE, SOUTH
88010'32" EAST, A DISTANCE OF 3.88 FEET; TO THE BEGINNING OF A NON-TANGENT 75.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 77042'24" WEST; THENCE
NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45051'2911, AN ARC
DISTANCE OF 60.03 FEET, THENCE NORTH 58°09'05" EAST, A DISTANCE OF 27.41 FEET TO THE BEGINNING
OF A TANGENT 25.00 FOOT 'RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHEASTERLY AND
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75031'21", AN ARC DISTANCE OF 32.95
FEET TO THE BEGINNING OF A REVERSE 39.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 72037'45" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 89007'20", AN ARC DISTANCE OF 60.66 FEET TO THE BEGINNING OF A
REVERSE 7.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 18014'55" EAST; THENCE EASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 72029'30", AN ARC DISTANCE OF 8.86 FEET TO THE BEGINNING OF A COMPOUND 39.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 89015'35" EAST;
THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 23005'34", AN ARC DISTANCE OF 15.72 FEET; THENCE NORTH 23°49'59" WEST, A DISTANCE OF 37.78
FEET; THENCE NORTH 26004`39" WEST, A DISTANCE OF 39.46 FEET; THENCE NORTH 63055'21" EAST, A
DISTANCE OF 20.00 FEET; THENCE SOUTH 26°04'39" EAST, A DISTANCE OF 39.85 FEET; THENCE SOUTH
23049'59" EAST, A DISTANCE OF 38.17 FEET; THENCE SOUTH 23°15'04" EAST, A DISTANCE OF 38.63 FEET
TO THE BEGINNING OF A NON-TANGENT 39.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 35047'56" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 112021'09", AN ARC DISTANCE OF 76.48 FEET; THENCE SOUTH 58009'05"
WEST, A DISTANCE OF 89.38 FEET TO THE BEGINNING OF A TANGENT 45.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 56011'37', AN ARC DISTANCE OF 44.13 FEET; THENCE SOUTH 01057'29" WEST, A
DISTANCE OF 64.59 FEET; THENCE SOUTH 88002'31" EAST, A DISTANCE OF .2.34 FEET; THENCE SOUTH
01057'29" WEST, A DISTANCE OF 61.88 FEET, TO THE NORTH LINE OF THE ABOVE DESCRIBED STATE OF
CALIFORNIA LANDS; THENCE WESTERLY ALONG SAID NORTHERLY LINE, NORTH 87002'57" WEST, A
DISTANCE OF 35.01 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.343 ACRES, MORE OR LESS.
LAIvpsG~
ARMAND A.
A ND A. MAROIS, 5941 a MAROIS CD
PLS 5941
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DATE
46~ OF CAL%F
K:\land Projects 3\492-1148-600\Legals\PUBLIC EASEMENT FOR PRIVATE STREET.rtf
EWINT ►►C►►
PLAT OFEASEMENT
POC NW COR EAST 11 ACRES,
- S 112, SE 114, NW 114, SECT 15
I ~ N 6355'21" E
S 1'5729' W 64.59'
26'04'39" E 39.85'
[N 26'04'39°
I 39.46'
N 23'49'59° W
3Z 78'
N 897535" E (R) -
15 723
3
5 5
G.N\ A
N 77¢224` ~
20.00'
SHEETIOF1
COURSE
BEARING
LENGTH
L l
5887 03,32 E
3.88
L2
N58'09 05 E
27.41'
L3
S88'02'31 "E
2.34'
L4
N87 02'57"W
35.01
CURVE
RADIUS
LENGTH
DELTA
Cl
75.00
60.03'
45'51 29 '
C2
25.00'
32.95'
75'31 '21 "
C3
39.00'
60.66'
89'0720-
C4
7.00'
8.86'
7229'30"
C5
39.00'
15.72'
23'05'34"
C6
39.00
76.47'
112-21'09"
C7
45.06'
44.13
56'11'36"
S 15729" W 61.88'
NORTH LINE PORTION GRANTED TO THE
STATE OF CALIFORNIA PER DOCUMENT
RECORDED. JANUARY 3, 1962, AS FILE
NO. 62-001038 OF O.R.
S 234959" E 3817'
S 2375'04" E 38.63'
N 354 756 ° E( I)
SCALE. 1 50'
nc.
Ia. cm
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1-,\cond Projects ; 781--1148-400\awc\EXHIBOS\pLATcfwa 10119,/2o1Q
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EXHIBIT "D"
Terms and Conditions for
Grant of Public Easement for Private Street
The grant of public easement mode by the Grantor named in the easement document for the
benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject
to the following terms and conditions. The public easement for private street shall be for a
perpetual easement upon through, under, over, and across the hereinafter described real
property for use as a public easement over a private street, which purposes shall include the
erection of public signage; and also the installation, construction, maintenance, repair,
replacement, reconstruction and inspection of public utilities, including but not limited to,
electric, gas telephone, cable television, public sewer, public water, public storm drain, fire
hydrants, 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 of ingress and
egress for the construction, maintenance, or alteration of any public utility equipment or facility
situated in or on said easement; and also the perpetual right of ingress and egress of emergency
access vehicles for emergency purposes; and also the perpetual right 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;
and also 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 property, needful, or necessary in the
construction, reconstruction, and maintenance of said public utilities or structures incidental
thereto.
To have and to hold said easement unto itself and unto its successors and assigns forever,
togetherwith 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 by this grant is situated
in the City of Encinitas, County of San Diego, State of California, and is particularly described
on the document granting the easement.
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 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.
This easement may be terminated 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 public easement for private street.
Grantor agrees that Grantor's duties and obligations under this easement area lien upon 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 easement.
If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement,
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 easement the right to enforce this easement against the Grantor.