Loading...
2012-134678r ~~C Recording Requested By: City of Encinitas When Recorded Mail to. City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC p 2012-0134678 111111 IN 11111111111111111111111111111111111111111111111111111111111 MAR 07, 2012 4:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J DronenbWg, Jr , COUNTY RECORDER FEES 0.00 WAYS 2 OC NA PAGES: 12 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No 256-030-44 Case # 04-119 CDP (9590-G) Nedlog, LLC, 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 "Q" and "C" ATTACHED HERETO AND MADE A PART HEREOF GRANTOR(S A den, "er ate Nedlog, LL Signature of "GRANTOR(S)" to be notarized Attach the appropriate acknowledgments. 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 ^UA-f- I Z , 2 D (0 , as Document No (,WV-Q01'9-7"2, 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 Kurt Priewe Print Name SignatiA4 Executive Vice President Chief Credit Officer irDVAtERLF &W& 1F 7& /y vnu LY Title 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 co nts to recordation thereof by its duly authorized officer 1 Z- 3 aw~- /V~ M Law e ce A. Watt Dat Interim Engineering Director City of Encinitas 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 tee consents to recordation thereof by its duly authorized officer. J'A. I" Lawi nce A. Watt D e Interim ngineering Director City of Encinitas ACKNOWLEDGMENT On State of California ,~%J~ County of V (e ~ o ) JokAA41 Z?( 20 t e. before me, 5t~q-N G. CN61 LM- 1Vd'(M4A( pgbt l e. (insert name and title of the officer) personally appeared 1, GZO LP 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 he executed the same in hisl r authorized capacity(ios), and that by his/te4WV signature(* on the instrument the personal, or the entity upon behalf of which the personal 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 (Seal) LEAN C. ENGIERT Co111111111sl" t 1101117 ft" Pvbk - COW* San Cleo C"* I~Ny co". Expires id 2 M2 t for o rJ /Q~0 tip 0 ~P• 7.2-20/2 ACKNOWLEDGMENT State of California County of Riverside ) On February 2, 2012 before me, Jean Affleck, Notary Public (insert name and title of the officer) personally appeared Kurt Priewe 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 hislherltheir 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. WITNESS my hand and official seal h, Signature j V11\ R f 1 (Seal) JEAN AFFLECK COMM. # 1953567= d NOTARY PUBLIC •CALIFORNIA ~ I RIVERSIDE COUNTY 9MIC-ME)OMOCT21,2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 34,17 7 Q On 143 ZI Z before me, S oA 6///,(- 11144 4J A I ,o[J1BG/G crate Q,. Here Insert Name an Title of the Officer' personally appeared 45 lh'7 Name(s) of Signer(s) who proved to me on the basis of tisfactory evidence to be the person(s) whose name( is/ ,Are subscribed to the in instrument and acknow ged to me that he he/they executed the e i his/ er/their authorized capacity(ies), and that b his er eir signature(s) on the RANDA GAIL MILUOUR instrument the person(s), or the entity upon behalf of • Commission #1916144 < uU) -~s A which the person(s) acted, executed the instrument. X Notary Public - CaliforniaN > San Diego County A My'Commission Exp. Jan. 6, 2015 I certify under PENALTY OF PERJURY under the laws ' 1 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature '9W" Place Notary Seal Above ignature 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: Top of thumb here 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: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THE NORTHERLY 40 FEET OF LOT 9, BLOCK 53, OF THE TOWN OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 570, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON OCTOBER 23,1888; TOGETHER WITH THAT PORTION OF LOT 9 OF LEUCADIA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1704, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 5, 1918, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 12, BLOCK 53 OF SAID MAP NO. 570; THENCE ALONG THE WESTERLY LINE OF SAID LOT 9 OF LEUCADIA ACRES, SOUTH 17°34' 17" EAST, 73.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 17-34'17" EAST, 26.33 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 9, BLOCK 53 OF MAP NO. 570; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 9, NORTH 74°14'05" EAST, 108.08 FEET TO A POINT IN THE WESTERLY RIGHT-OF-WAY OF THAT VACATED ALLEY AS DEPICTED ON RECORD OF SURVEY NO. 13234, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 13, 1991, SAID POINT ALSO BEING THE NORTHEASTERLY CORNER OF SAID LOT 9, BLOCK 53 OF MAP NO. 570; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 74°14'05" EAST, 10.00 FEET TO A POINT IN THE CENTERLINE OF SAID VACATED ALLEY; THENCE ALONG SAID CENTERLINE, NORTH 15°49'50" WEST, 30.56 FEET; THENCE LEAVING SAID CENTERLINE, SOUTH 72°11'26" WEST, 118.95 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION OF SAID LOT 9, BLOCK 53 OF MAP NO. 570 LYING WITHIN THE 200-FOOT RIGHT-OF-WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY (FORMERLY THE CALIFORNIA SOUTHERN RAILROAD COMPANY). CONTAINS 8070 SQUARE FEET MORE OR LESS. 12(012 SEAN C. E LERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS, INC. 1 of I EXHIBIT "B" ROAD DEDICATION LEGAL DESCRIPTION THE NORTHERLY 40 FEET OF LOT 9, BLOCK 53, OF THE TOWN OF LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 570, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON OCTOBER 23,1888; TOGETHER WITH THAT PORTION OF LOT 9 OF LEUCADIA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1704, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 5, 1918, BEING MORE PARTICULARLY DESCRIBED AS PARCEL "B" OF CERTIFICATE OF COMPLIANCE RECORDED ON MAY 4, 2004 AS FILE NO. 2004-0399581 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, BLOCK 53 OF MAP NO. 570; TOGETHER WITH THAT PORTION OF SAID LOT 9 OF MAP NO. 1704 LYING EASTERLY OF A LINE PARALLEL WITH AND 55 FEET EASTERLY OF THE EASTERLY RIGHT-OF-WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AS DEPICTED ON SAID MAP NO. 1704. CONTAINS 271 SQUARE FEET MORE OR LESS. l ~ V/ ~Z kt~~i~l7 SEAN C. EN ERT, . S. 7959 ATE COASTAL LAND SOLUTIONS, INC. L.S. 7959 OF 1 of I i Lory 'C' SHEET 1 OF 1 (Mm. Lm 0 I ° a0O o f1D0~! N15'05'58"W 70.56' 0 30.56 SCALE: 1 "=30 ' r.. ALLEYD- I o rn 40 go ti nu co o _ d© w o to I!'p O Q~ rn n r"(0 o m w i (o~• Cu wl o o wl r" CG z to o nn ~i I o 13 Lo I Z :nl Z I m. m 1l I o) U v 0 z~ zi I c o m a o / L=66.55 ' \ cu a I DC m / A=00'40' 41" \ Lo ~ ~ ~ 26.32R=5624.65 ' I ` N16 °51'32"W 66.34' cn (N 17'34' 17"W PER R.O.S 13234) a WESTERLY LINE OF > LOT 9, MAP NO. 1704 L, VULCAN AVENUE cu EASTERLY A.T. + S.F. RAILROAD RIGHT-OF-WAY AS DEPICTED ON MAP NO. 1704 INDICATES ROAD DEDICATION AREA - 271 SQUARE FEET NOTE: BEARINGS AND DISTANCES DEPICTED HEREON ARE THE 2L RESULT OF A BOUNDARY SURVEY. SEAN C. E ERT DATE L.S. 7959 COASTAL LAND SOLUTIONS, INC. LS 573 SECOND TA , CA 92024 ENCINITAS PH (760) 230-6025 FAX (760) 230-6026 CLS#991 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 NOTARY SEAL CERTIFICATION (Government Code 27361.7) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS. Name of the Notary: ,2 Commission Number. Date Commission Expires: ::~7, County Where Bond is Filed: < < %12~, L ~i r~/ Lz- Manufacturer or Vendor Number: IN A (Located on both sides of the notary seal border) Signature: Firm Name (if applicable) Place of Execution: Date: ROC Form AiD (Roy 8113/9)