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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN DIEGO
On O 2~L before me, sS' Y
ate Here Insert Name and Title of he o icer
personally appeared a,C w's Dar-, w ►~~OName(s) T-Signer(s)
Rte. JESSICA FRENES
Commission # 1936332
-=d Notary Public - California i
' San Diego County
My Comm. Ex ires May 13, 2015
who proved to me on the basis of satisfactory evidence to
be the person(g) whose name(o is/a9d subscribed to the
within instrument and acknowledged to me that
he/s,/tXy executed the same in his1p6r1tXw authorized
capacity(igo, and that by his/Xr/~ir signatures) on the
instrument the perso5W, or the entity upon behalf of
which the person acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my-hend abd official seal.
Place Notary Sea Above
Signatu
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Description of Attached Document
Title or Type of Document: Vwa C..
1\,
Document Date: Ff')MAC (u Number of Pages: tz"
Signer(s) Other Than Named Above: NSA
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
C Corporate Officer-Title(s): -
❑ Partner - D Limited L] General
❑ Attorney in Fact
Trustee
Guardian or Conservator
Other
Signer Is Representing
11M is] * Itil"go
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i
Signer's Name:
❑ Individual
Ll Corporate Officer - Title(s):
❑ Partner - i7 Limited L General
❑ Attorney in Fact
Trustee
Guardian or Conservator
11 Other
Signer Is Representing
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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 sents to recordation thereof by its duly authorized officer
Lawrence A. \Nttf Date
Interim Engineering Director
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 65~41 'JAG J
On before me,
ate Here Insert Name and Title of the Officer
personally appeared ~C TTY A2- . YI//45l1~v
Name(s) of Signer(s)
6RANDA GAIL MILLJOUR
w = Commission #1916144 <
X Notary Public - CaliforniaN
> San Diego County A
1 My Commission Exp. Jan. 6, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name( is re subscribed to the
to me that
within instrument and acknowleMer
he,~ey executed the same ' hi eir
authorized
capacity(ies), and that by hi er/ ell signature(s) on the
instrument the person(s), or a 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.
WITNESS my hand and official seal
Signature eazuc ~e&`
Signs a of Notary 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
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Individual
❑ Corporate Officer -Title(s)
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing
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Number of Pages:
Signer's Name,
❑ Individual
❑ Corporate Officer - Title(s)
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other-
Signer Is Representing
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@2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827
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 as
Document No of official records, subordinated to PUBLIC
GENERAL UTILITY EASEMENT ("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
Print Name
KA4 09-
Signature
Tit e
3-Z 2
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 consent to recordation thereof by its duly authorized officer.
/7//
Lawrenc . Watt Dat
Interim Engineering Director
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 9 AND THE SOUTHERLY 20 FEET OF LOT 10 IN BLOCK B OF STURGES
AND RATTAN'S SUBDIVISION OF EAST BLOCK 7, ENCINITAS, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 19, 1887.
TOGETHER WITH THAT PORTION OF THE NORTHERLY 7.5 FEET OF "G"
STREET LYING SOUTHERLY OF AND ADJOINING SAID LOT 9 AS VACATED
AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF
SUPERVISORS OF SAN DIEGO COUNTY, RECORDED JULY 15, 1948 IN BOOK
2874, PAGE 245 OF OFFICIAL RECORDS.
TOGETHER WITH THAT PORTION OF DEWITT AVENUE VACATED AND
CLOSED TO PUBLIC USE BY THE CITY OF ENCINITAS, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 20
FEET OF LOT 10 IN BLOCK B OF STURGES AND RATTAN'S SUBDIVISION OF
EAST BLOCK 7, ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 33,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 19,1887; RUNNING THENCE ALONG A LINE PERPENDICULAR TO
THE WESTERLY LINE OF SAID BLOCK B SOUTH 83°21' 14" WEST 12.00 FEET;
THENCE ALONG A LINE PARALLEL WITH SAID WESTERLY LINE SOUTH
06°38'46" EAST 57.79 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS
CURVE, CONCAVE TO THE NORTHEAST, WHICH IS TANGENT TO SAID
WESTERLY LINE AND TO THE SOUTHERLY LINE OF THE NORTHERLY 7.5
FEET OF "G" STREET LYING SOUTHERLY OF AND ADJOINING LOT 9 OF SAID
BLOCK B AS VACATED AND CLOSED TO THE PUBLIC USE BY RESOLUTION
OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, RECORDED JULY
15, 1948 IN BOOK 2874, PAGE 245 OF OFFICIAL RECORDS; THENCE
SOUTHEASTERLY 23.19 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 66°25' 19" TO THE INTERSECTION OF SAID CURVE
WITH THE SOUTHERLY PROLONGATION OF SAID WESTERLY LINE OF
BLOCK B; THENCE ALONG SAID PROLONGATION AND ALONG SAID
WESTERLY LINE NORTH 06°38'46" WEST 76.12 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF EAST "G" STREET DEDICATED
TO THE CITY OF ENCINITAS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE NORTHERLY 7.5
FEET OF "G" STREET LYING SOUTHERLY OF AND ADJOINING LOT 9 OF
BLOCK B OF STURGES AND RATTAN'S SUBDIVISION OF EAST BLOCK 7,
ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 33, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 19, 1887, AS
SAID NORTHERLY 7.5 FEET OF "G" STREET WAS VACATED AND CLOSED TO
PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN
DIEGO COUNTY, RECORDED JULY 15, 1948 IN BOOK 2874, PAGE 245 OF
OFFICIAL RECORDS; RUNNING THENCE ALONG THE PROLONGATION OF
THE WESTERLY LINE OF SAID BLOCK B NORTH 06°38'46" WEST 1.67 FEET
TO THE INTERSECTION OF SAID PROLONGATION WITH A 20.00 FOOT
RADIUS CURVE, CONCAVE TO THE NORTHEAST, WHICH IS TANGENT TO
THE SOUTHERLY LINE OF SAID NORTHERLY 7.5 FEET OF "G" STREET AND
TO A LINE PARALLEL WITH AND DISTANT 12.00 FEET WESTERLY,
MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID BLOCK
B; THENCE EASTERLY 8.23 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 23°34'57" TO THE POINT OF CUSP WITH
THE SOUTHERLY LINE OF SAID NORTHERLY 7.5 FEET OF "G" STREET;
THENCE ALONG SAID SOUTHERLY LINE SOUTH 83°20'58" WEST 8.00 FEET
TO THE POINT OF BEGINNING.
PREPARED BY:
•v~ v.t0
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I pL 8548
~Q .
BLAKE E. TO GETS , PLS 8548
EXHIBIT "B"
GENERAL PUBLIC UTILITY EASEMENT LEGAL DESCRIPTION
THAT PORTION OF DEWITT AVENUE VACATED AND CLOSED TO PUBLIC
USE BY THE CITY OF ENCINITAS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 20
FEET OF LOT 10 IN BLOCK B OF STURGES AND RATTAN'S SUBDIVISION OF
EAST BLOCK 7, ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 33,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 19, 1887; RUNNING THENCE ALONG A LINE PERPENDICULAR TO
THE WESTERLY LINE OF SAID BLOCK B SOUTH 83°21' 14" WEST 12.00 FEET;
THENCE ALONG A LINE PARALLEL WITH SAID WESTERLY LINE SOUTH
06°38'46" EAST 57.79 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS
CURVE, CONCAVE TO THE NORTHEAST, WHICH IS TANGENT TO SAID
WESTERLY LINE AND TO THE SOUTHERLY LINE OF THE NORTHERLY 7.5
FEET OF "G" STREET LYING SOUTHERLY OF AND ADJOINING LOT 9 OF SAID
BLOCK B AS VACATED AND CLOSED TO THE PUBLIC USE BY RESOLUTION
OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, RECORDED JULY
15, 1948 IN BOOK 2874, PAGE 245 OF OFFICIAL RECORDS; THENCE
SOUTHEASTERLY 23.19 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 66°25' 19" TO THE INTERSECTION OF SAID CURVE
WITH THE SOUTHERLY PROLONGATION OF SAID WESTERLY LINE OF
BLOCK B; THENCE ALONG SAID PROLONGATION AND ALONG SAID
WESTERLY LINE NORTH 06°38'46" WEST 76.12 FEET TO THE POINT OF
BEGINNING.
PREPARED BY:
J PL +S8548
BLAKE E. SEN, PLS 8548
2--Z7-/Z-
EXHIBIT "C"
SHEET IOFI
GENERAL PUBLIC UTILITY EASEMENT PLA T
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12.00'
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GENERAL PUBLIC M
UTILITY EASEMENT z
(VACATED PORTION
OF DEWITT AVE)
852 S. F.
L=23.19'
R=20.00'
A 66'25'19"
DEDICATION
PER DOC
REC
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VICINITYMAP (NTS)
LOT 11
AST BLOCK 76, MAP 33 20•OC
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LOT 10
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LOT 9, & S'LY 20' OF 3:
LOT 10, & N'LY 7.5'
OF G STREET -;d-
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100.00
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PORTION OF G ST VACATED PER wo
DOCUMENT REC. JULY 15, 1948 +
IN BOOK 2874, PAGE 245, O.R. -
EAST G STREET
0
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535 N Coast Highway 101 Ste A Solana Beach, CA 92075
ph 858.259.8212 1 fx 858.259 4812 1 plsaengineering.com
EXHIBIT "D"
RESOLUTION 2009-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA
ADOPTING TERMS AND CONDITIONS FOR GRANT OF GENERAL UTILITY EASEMENT
WHEREAS, the City of Encinitas Engineering Services Department has prepared an
Engineering Design Manual to guide the public and professionals in the submittal of required
material to the Engineering Services Departments for the processing of Engineering permits,
grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water
designs; and
WHEREAS, the appendix of the Engineering Design Manual contains documents that
list terms and conditions associated with the granting and maintenance of specified public
easements; and
NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as
follows:
SECTION 1: ADOPTION OF TERMS AND CONDITIONS FOR GRANT OF GENERAL
UTILITY EASEMENT
TERMS AND CONDITIONS FOR GRANT OF GENERAL UTILITY EASEMENT,
Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of
each recorded document used by the City of Encinitas when an easement for the stated purpose is
granted to the City of Encinitas.
SECTION 2: ENVIRONMENTAL FINDING:
The City Council, in their independent judgment, finds that the adoption of language setting forth
terms and conditions relative to a grant of a public easement will be exempt from Environmental
Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant
effect on the environment because the granting of the public easement will not directly result in
development; any development permit associated with the granting of the public easement may be
subject to CEQA review and analysis as part of the processing of the permit.
SECTION 3: EFFECTIVE DATE:
This resolution was adopted on October 28, 2009 and will immediately become effective
PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit:
AYES: Barth, Bond, Dalager, Houlihan, Stocks.
NAYS None
ABSTAIN None.
ABSENT. None.
Mai ' oulihan, ayor
ATTEST:
Deborah Cervone, City Clerk
Terms and Conditions for
Dedication of General Utility Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of the general utility easement for
benefit the 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 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, 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 County of San Diego, State of California, and
is particularly described on the document dedicating or irrevocably offering the
dedication.
The Grantor may, at its own risk, use the surface of the above-described real
property in a manner that will not interfere with or be detrimental to the use of said
easement and right-of-way by Grantee, its successors and assigns, provided that no
trees shall be planted or grown thereon and the entire area encumbered by the
general utility easement shall be graded flat and unobstructed at all times, unless
authorized by the Grantee in writing.
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.
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. The
termination and abandonment may be made by the Grantee.
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall
be subordinated to the dedication of the general utility easement.
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 CaYAK~~ - I
On "NI ?I I ;l' before me,
ate
personally appeared VG(
DAWNA KNOTTS
Commission x 1910882
Notary Public - California
San Diego County
Comm. Expires Oct 28.2011
RT -
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the persort.(g'jwhose nameK is/axe-subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in hWher/their authorized
capacity( and that by-his/her/tgeir signature n the
instrument the person(s), or the entity upon behalf of
which the persol)"ted, 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 hand and official seal
Signature
Signature of Notary 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
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s)
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other-
Signer Is Representing:
Number of Pages:
Signer's Name
❑ Individual
❑ Corporate Officer - Title(s)
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other-
Signer Is Representing:
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02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder Call Tall-Free 1-800-876-6827