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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 lv X-7 - DATE 'Of ARMAND A. G cc MAROIS 0 CL PLS 5941 0fi CA0fC ~r. 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 /10 2 2 6 ,k N1l1 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 92008-4387 1-,\cond Projects ; 781--1148-400\awc\EXHIBOS\pLATcfwa 10119,/2o1Q /o/ 2112x/ o 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.