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2011-626854f Recording Requested By: City of Encinitas V DOC p 2011-0626854 VIII I III III 1111111111111111111111111111111111111111111111111 IN NOV 22, 2011 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr , COUNTY RECORDER FEES 0.00 WAYS 2 OC. NA When Recorded Mail to City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 PAGES: 12 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC/DRAINAGE EASEMENT Assessor's Parcel No 254-400-14 ✓ Faith Community Church by the Sea a California Corporation, 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 Drainage Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-58 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 GRANT S) Dougl s Ba for Date For Faith Community Church by the Sea Signature of "GRANTOR(S)" to be notarized. Attach the appropriate acknowledgments ACKNOWLEDGMENT State of California ) County of ec;0 ) on, Ndl/ /1), ?o// before me,~l v, ( a (Insert name and title of the officer) personally appeared y)n, ~o ~~s Ra_tcer who proved to me on the basis of satisfactory evidence to be the person( whose name( is/art subscribed to the within instrument and acknowledged to me that he%*K~/they executed the same in his/her/tar authorized capacity (isa<and that by his/heffth6ir signatureKon the instrument the person(a'f, or the entity upon behalf of which the person*y 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 /r Signature (Seal) DAVID L. HYDE ' Commission # 1774460 Notary Public - California San Diego County fviyComm EXD; x!tkw 18,'011 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 th tee consents to recordation thereof by its duly authorized officer 1 Lawr e A Watt Date Interim Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 100,6 .I C, On -hx~`V- Z--Z, Z Q// before me, 7:~/-VQA 6,414. Xu/tc..?D ,rJD w 11 Date Here Insert Name and Title the Officer personally appeared .C~I.y~E~tJL~ ,4• W -A7-T who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(93re subscribed to the within instrument and acknowledged t e that(3she/they executed the same in er/their authorized capacity(ies), and that by RANDA GAIL MILLJOUR er/their signature(s) on the instrument the Commission #1916144 < or the entity upon behalf of which the > ' - Notary Public - California person(s) acted, executed the instrument. San Diego County My Commission Exp. Jan. 6, 2015 1 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 Place Notary Seal Above Sraliature of Notary Public OPTIONAL t/ 1 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 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: © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION LOT 5 OF BLOCK G OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 1788 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MARCH 29, 1924 Z"~4 v DOUG AS B ROUP P L.S 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC PAGE 1 OF 1 /~p LAND SCR J~~p 5 e ST o L.S. 8553 1~o~ OF LV CA :ML M.\0107\270\Legal Descriptions\A05 Public Storm Drain Esmt Exhibit A- Normandy Road.docx WO 107-270 10/19111 EXHIBIT "B" LEGAL DESCRIPTION THOSE PORTIONS OF LOT 5 OF BLOCK G OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 1788 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MARCH 29, 1924 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEING STRIPS OF LAND LYING 6 00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINES PARCEL A COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5, THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88°58'59" WEST, 595 98 FEET ("N 89°40'33" W" PER RECORD OF SURVEY NO 20543 FILED IN THE OFFICE OF SAID COUNTY RECORDER AUGUST 11, 2009) TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID SOUTHERLY LINE NORTH 01 001'01" EAST, 2.00 FEET TO THE POINT OF TERMINUS THE HEREINABOVE DESCRIBED STRIP OF LAND CONTAINS 24 SQUARE FEET, MORE OR LESS PARCEL B COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5, THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88°58'59" WEST, 295 98 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID SOUTHERLY LINE NORTH 01°01'01" EAST, 2 00 FEET TO THE POINT OF TERMINUS THE HEREINABOVE DESCRIBED STRIP OF LAND CONTAINS 24 SQUARE FEET, MORE OR LESS THE HEREINABOVE DESCRIBED STRIPS OF LAND TO TERMINATE SOUTHERLY IN SAID SOUTHERLY LINE OF LOT 5 LAND B Q ~ L.S 8553 DOUGLAS B ST OUP C/ P L.S 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC 9~F OF cAL1F PAGE 1 OF 1 ML M:\0107\270\Legal DescriptionsM3 Public Storm Drain Esmt Exhibit B- Normandy Road.docx WO 107-270 10/19/11 EXHIBIT PUBLIC DRAINAGE » r » EASEMENT SHEET 7 OF 2 SHEETS I A DAT. 254-400-14 NOTE: THE FOLLOWING EASEMENT HAS NO SPECIFIC LOCATION SET FORTH IN THE DOCUMENT AND IS NOT PLOTTED HEREON- SAN DIEGO GAS AND ELECTRIC COMPANY, HOLDER OF AN EASEMENT RECORDED JANUARY 18, 1945 IN BOOK 1794, PAGE 409, OF OFFICIAL RECORDS. LEGEND: ® INDICATES PARCEL ';4" PUBLIC DRAINAGE EASEMENT GRANTED HEREON AREA = 24 SO FT, MORE OR LESS ® INDICATES PARCEL "B" PUBLIC DRAINAGE EASEMENT GRANTED HEREON AREA = 24 SO FT, MORE OR LESS A INDICATES EXISTING EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGUITO IRRIGATION DISTRICT RECORDED MARCH 11, 1929 IN BOOK 1581, PAGE 258, OF DEEDS. INDICATES RECORD DATA PER ROS 20543 P.O.C. INDICATES POINT OF COMMENCEMENT T.P.O.B. INDICATES TRUE POINT OF BEGINNING P.O.T. INDICATES POINT OF TERMINUS HUNSAKER & ASSOCIATES SAN DIEGO, INC PLANNING 9707 Waples Street UUU(,IA5 FJ' S,ruu ' ENGINEERING San Diego, Ca 92121 EXP / 12131112 SURVEYINC PH(8S815S&4500 fX(358)553.1414 R. \ 10091&Mcp,EP Public Storm Drain Esmt SHr D1.dwg[jNov-21-2011 12:5,: W0. 107-270 /LAND ~N, BPS B. ST G~~ OJT ~0 Op Q L.S. 8553 kp, Q Q" yT~ OF CA0"F Z/ Zcw L. S 855,3 EXHIBIT 99 C " SHEET 2 OF 2 SHEETS PUBLIC DRAINAGE EASEMENT - - - - - - - - - - - - - - - - - - - - - - - P.O. T. P. 0. C. 6 SE COR. ~ OT 5 ti A 01~ 6 i h 01 TP.O.B• ------DETAIL 'A"----\ F 1 / PARCEL "A" \JA b~p > / O• ~ ~ ~ ti~ 1~~ QP~ ~y ,~y 10,0, / 5 0 0/ \ T.P.O.B. X00'19 PARCEL 'A" \ ~ d r r--------------------- h 651 \b PQ~ ~1 \ ; / \ P.O. T. T.P.O.B. J r) ' C11 ~ 10 ,~o I 1 Ali --DETAIL „B" PARCEL B" HUNSAKER & ASSOCIATES 0 100 200 300 SAN DIEGO, INC PUNNING 9707 Waples Street ENGINEERING San Diego, Ca 92121 SCALE 1 100' SURVEYNG PH(858)558-4500• FX(M)W0414 f R:\1009\&Mcp1EP Public Storm Drain Eo,~f 3HT 02.dwg[]Nov-21-2011 12:54 W0. 107-270 EXHIBIT "D" Terms and Conditions for Grant of Public Drainage Easement The grant of public drainage easement made 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 drainage easement shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for drainage and for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of public storm drain, appurtenant facilities, and all structures and facilities incidental thereto, and for the flowage of any waters in, over, upon, and through said easement, 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 easement 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 drainage facilities or structures incidental thereto To have and to hold said easement 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 by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the easement The Grantors may, at their 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 by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon 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 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 The Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it unless the fence interferes with the easement use 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 dedication of drainage easement Grantor agrees that Grantor's duties and obligations under this easement 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 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 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 July 7, 2009, as Document No 2009-0369329 of official records, subordinated to PUBLIC DRAINAGE 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 Title for California Bank and Trust n e ll7 Date Signature of Beneficiary to be notarized Attach the appropriate acknowledgments tA 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 cos to recordation thereof by its duly authorized officer l'2,7, I- e A Watt Date Interim Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of p,~__ on db~r~ 40l/ before Ume, CJ ii e L - ~(J 4Vn A lo 1S ~ Date Here Insert Name and Title of the Officer personally appeared 1 t'Y\ n1 L JUNE L. BUXTON Commission # 1921498 -s Notary Public - California San Diego County M Comm. Ex Tres Feb 9. 2015 who proved to me on the basis of satisfactory evidence to be the person) whose name(is) is/W subscribed to the within instrument and acknowledged to me that he/sl a/th-,y executed the same in his/hk/tl air authorized capacity(I+Ips), and that by his/hor/thoir signature(A) on the instrument the person(g), or 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. WITNESS my hand and official seal Signature Place Notary Seal Above 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: U b ) r Document Date: 1 y~,-4.0 11 0 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. ❑ Individual X Corporate Officer - ❑ Partner - ❑ Limited ❑ Attorney in Fact ❑ Trustee Title(s) V le. ❑ General ❑ Guardian or Conservator ❑ Other- Signer Is Representing lelgo Top of thumb here 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 91 31 3-2402- www.NabonaiNotaryorg Item #5907 Reorder Call Toll-Free 1-600-676-6827