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2012-71206D 0 C # 2012-0071206 11111111111111111111111111111111111111111111111111111111111111111 IN Recording Requested By' ) I ) FEB 07, 2012 4:05 PM City of Encinitas OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE 1 ) Ernest J DronenbWg, Jr , COUNTY RECORDER When Recorded Mail to ) FEES 0 00 WAYS 2 City Clerk 0 ) Or. NA PAGES. City of Encinitas ) 12 505 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 254-X270-18 Case # 11-013 MUP/DR/CDP Marquee Enterprises LLC, a California 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, 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) :7 Marquee Enterpr Sean Porteymou I/J-S /iQca. as C California limited liability company Date Managing Partner S4~ 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. 2 Z- Lawr e A. Watt Date Interim Engineering Director City of Encinitas SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of Trust recorded in the office of the Count Recorder of San Diego County on December 6, 2011 , as Document No. 2011-0652981 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 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: TORREY PINES BANK, a California corporation Kevin Damko Print Name Vice President Title Signature February 2, 2012 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 cons is to recordation thereof by its duly authorized officer G~ Z.-6 -IZ La nce A. Watt Date Interim Engineering Director City of Encinitas CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of SAN b i Cr L; 0 On i -1 ~j - before me, J( FPH C YC14 A S A NC TA Y (here insert name and title of the officer) personally appeared S14A ti R I A k- S t' /I N P t_ i T`L Y M C° t 7 t` who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/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. .r.- - - - AdnEllb, JOSEPH C. YWAS WITNESS my hand and official seal. lk~ Commissiontlt 1963940 Notary Public - California San Diego County M Cww. Expires Doc 16. 2015 Si/nature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer) Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/diet';- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. 3 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - 5~~~~~'~R.c<.~^~,c,^%c,h,C~t•C,C~`-.~C•CA=~h~-t~~-v~~1i~b~"~^~`5',c=F,rc~~K',F-c'.c=~'~'1`~E°~`S`.c~C7~c5c~f`•G~.F'f~,~ State of California County of On r ua before me, 6 ~P t ~'Sc✓1 Dal Here Insert Name and Title of the officer J "N, personally appeared REBEKAH A.JENSON Commission alt 1926194 .i Notary Public - California Z San Oiayo County 5 M Comm. Ex iris Mar 19,211 who proved to me on the basis of satisfactory evidence to be the person(?) whose namekis~ 6fl subscribed to the withi instru ent and acknow(( ged to me that Pse/~y executed the same i is rltj it authorized capacity(i#), and that b his/ erlt r signature) on the instrument the personor the entity upon behalf of which the person?' 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 WITNES$ a d and offi iai soi~ r Signa - = d Place Notary Seal Above Signature of otar Inc 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* f k" t i i 1 vl- Document Date. I l 2~ i Signer(s) Other Than Named Above Capacity(ies) Claimed by S) Signer's Name ❑ Individual ❑ Corporate Officer - Title ❑ Partner - ❑ Limited ❑ ❑ Attorney in Fact ❑ Trustee ❑ Guardian or nservator neral Top of thumb here ❑ Other. SigneAs Representing Signer's Name ❑ Individual ❑ Corporate Officer - Title(s) _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ~ ❑ Trustee ❑ Guardian or Coi ❑ Other Signer Is i 1.1 [W. I Top of thumb here U ©2007 National Notary Association- 9350 De Soto Ave, PO Box 2402 -Chatsworth, CA 91313-2402- www NationalNotaryorg Item #5907 Reorder Call Toll-Free 1-800.876-6827 EXHIBIT "A" Legal Description APN 254-270-18 ALL THAT PORTION OF THE SOUTH HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 4 WET, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINTTAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID SOUTH HALF OF TH WEST HALF, SAID CORNER BEING MARM BY AZ INCH BY 2-INCH HUB AND TACK HAVING COORDINATES X80,515.01 AND Y=328,478.60 FEET; THENCE ALONG THE WESTERLY LINE OF SAID SOUTH HALF OF THE WEST HALF, NORTH 0102'41" WEST 278.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID WESTERLY LINE SOUTH 102'41 EAST 225.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 8928'48" EAST 70.19 FEET; THENCE NORTH 4604'42" EAST 103.14 FEET; THENCE NORTH 0253'32" WEST 156.82 FEET TO A LINE WHICH BEARS NORTH 8857'19" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 8857'19" WEST 140.69 FEET TOT EH TRUE POINT OF BEGINNING. EXHIBIT'B' STREET DEDICATION EASEMENT AN EASEMENT FOR ROADWAY PURPOSES OVER, UNDER ALONG AND ACROSS THOSE PORTIONS OF THAT LAND IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS DESCRIBED IN A DEED TO MARQUEE ENTERPRISES LLC, PER DEED RECORDED DECEMBER 6, 2011 AS DOCUMENT NO. 2011-652980 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL "A" THE WESTERLY 27.00 FEET OF SAID LAND PARCEL "B" THE SOUTHERLY 5.00 FEET OF SAID LAND PARCEL "C" THAT PORTION OF SAID LAND LYING SOUTHWESTERLY OF THE ARC OF A 20 00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHICH CURVE IS TANGENT TO BOTH THE EASTERLY LINE OF THE AFORESAID PARCEL "A" AND THE NORTHERLY LINE OF THE AFORESAID PARCEL "B". LS CAL~F~ EXHIBIT 'C' STREET DEDICATION PLAT AOS 18007 v ~N J N88 '58 ' 47 "E 140.75' Q U / i I I I I _ D cn I U7 N cl 13 APN 254-270-18 m uj 27.00 VESTING DEED ~ o I o DOC. NO. 2011-652980 N i o AEC DEC. 6. 2011 Z Z Q 3 I F- o I I PARCEL "A" z ~ ~o oZ / i A 88'21'51' A=30.84' ZO a A=20.00 PARCEL T t(189 *23'04"E 28.98 ' ~1a6 S89.23'04 "E PARCEL "B " 70.19' °o NOTE: BEARINGS AND SHOWN HEREON AREDISTANCES DERIVED L EUCADI A BL VD. FROM DATA AS SHOWN ON RECORD OF SURVEY NO.18007. INDICATES ONTAININGE6395ESO.AFT. V///A C PLSA 1885 ASCO LARET SUITE & ASSOCIAT ar<ownw..woww +uNO~ 555li cone f 101 b ♦ ld Be" G 97075 W.75lJ111 4 L70.759.Y12 a 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.