2012-256249DOC # 201 2 - 0256249
1111111 IN 1111111111111111111111111111111111111111111111111111111111 Recording Requested By�
(� ) MAY 01, 2012 4:59 PM
City of Encinitas ) OFFICIAL RECORDS
n SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr , COUNTY RECORDER
1 When Recorded Mall to ) FEES ONA WAYS 2
City Clerk
_ rl City of Encinitas )
PAGES: 12
(� 505 South Vulcan Avenue
n Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
1-� I�- PUBLIC GENERAL UTILITY EASEMENT
Assessor's Parcel No 265- 021 -48 Case #* 11176 -VA
DOCUMENTARY TRANSFER TAX $
JIII L Weinberger and Michael D. Tryon, husband and wife as community property with
right of survivorship, 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, a Public General Utility
Easement, subject to the terms and conditions set forth in City of Encinitas Resolution
2009 -63 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
GR S)
I inberger, Owner
Mi h D Tryon, Owner
T�/
Date
Y'f(,.-, 1
Date
Signature of "GRANTOR(S)" to be notarized
Attach the appropriate acknowledgments.
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of Califal
County of �✓ltitcc.- 1
On %Z before me Arthur P. Arqu ll% Notary Public
Date 7/—Z / Mere insert ame a; d TJe of the
personally appeared � L Z- `L���''t E.�2il e a' IGZele
V --------- -------
OFFICIAL SEAL
ARTHUR P ARGIUILLA„
NOTARY PUBLIC - CALIFORNIA
` COMM. NO. 1872932
SAN DIEGO COUNTY
MY COMM. EXP. JAN. 7, 2014
1-�• fir
eh
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) i are ubscribed to the
within instrument and acknowledged to me that
he /sh the xecuted the same in his /h Es authorized
capacity(ies), and that by his/hqefe�?ignature(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 Nota•� Se3i ACCve
T.noogh the information b
and could prev
Description of Attaches
Title or Type of Document.
Document Date
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signers)
Number of Pages
Signers Name
Signers Name
Individual
_Individual
Corporate Officer — Title(s)
— Corporate Officer — Title(s)
_. Partner — _ Limited — General
= Partner — — Limited — General
Attorney in Fact r _
Attorney in Fact
Trustee
Top
= Trustee
r t mv�o here
Guardian or Conservator
_Guardian or Conservator
Other
I
I
_ Other
Signer Is Representing
�
Signer Is Representing
i
2,0- Naoona!
NCtary Assocra6Cn - 3350 De So,a .roe PO °_ox C �2 • Cr a!s.�C n CA g'
3!3 ,_ eoar Ca'. �� _t.9CC$'S -522 _
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.
�r
Greg Shiel Date
Deputy Cit Engineer
City of Encinitas
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of 1: 4"
On/7?1j / •0/ 2 before me, Z' W,0,1
Date
Here Insert Name and Title of the Office-r'
personally appeared
RANDA GAIL MILUOUR
.,� Commission #1916144 <
of = Notary Public - California X
> San Diego County
My Commission Exp. Jan. 6, 2b1
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s )Qre subscribed to the
hin instrument and acknow ged to me that
1 e he /they executed the i hi er /their authorized
capacity(ies), and that his/ er /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
Signature _7P_a4ta4a,, qL4 :1 VVL
Si ture of Notary Public
OPTIONAL If
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 7�7
❑ 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:
RIGHT THUMBPRINT
O FIGNER
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
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 7-27-?nil as
Document No, 2011 - 0380832 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
K,4?-E-� s GA-fJ (-
Print Name -- —�
V10E ?RE.S ib cw-r
Title
X�X�� 4��
Signature
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 thereof by its duly authorized officer
Greg Shiel Date
Deputy Ci ngineer
City of Encinitas
CALIFORNIA ALL - PURPOSE
ACKNOWLEDGEMENT
State of California
County of San Diego
On April 26, 2012
DATE
#I) San -Diego County Credit Union-
before me, Joan Ivy A. Pratt
NAME OF NOTARY
a Notary Public, personally appeared Karen Scanlan who proved to me
NAME OF SIGNER(S)
on the basis of satisfactory evidence to be the person) whose name�b�) is /a�e subscribed to the within instrument and
acknowled ed to me thate /she %4fiey executed the same ins /her /t'ielr authorized capacit (i), and that by /her /tlir
signature on the instru ent the person(, or the entity upon behalf of which the person) acted, executed the
instrume t.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
AM fff A. PWT
C�wMNlos • 1�ti0a2
MM1rf YMNc - CMIfonNA
s o 01W County
(SEAL) I CoW E In= 8 19, 2- -
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Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER:
❑ INDIVIDUAL
El CORPORATE OFFICER
Real Estate VP
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ ATTORNEY -IN -FACT F1 GENERAL
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SAN DIEGO COUNTY CREDIT UNION
REV.06.77.08 NOTARY
DESCRIPTION OF ATTACHED DOCUMENT:
SUBORDINATION AGREEMENT I
TITLE OR TYPE OF DOCUMENT
2
NUMBER OF PAGES
April 26, 2012
DATE OF DOCUMENT(S)
SIGNER(S) OTHER THAN NAMED ABOVE:
JILL L WEINBERGER
MICHAEL D TRYON
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOTS 83 THROUGH 85 IN BLOCK 42 OF SUBDIVISION OF BLOCKS 31, 36 AND
42 OF COLONY OLIVENHAIN, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF
NO. 287, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON
AUGUST 21,1885; TOGETHER WITH THE WESTERLY 13 FEET OF THE COLE
RANCH ROAD RIGHT -OF -WAY ADJOINING THE EASTERLY LINE OF SAID
LOTS 83 THROUGH 85.
CONTAINS 13,770 SQUARE FEET MORE OR LESS.
SE N C. E LERT, L.S. 7959 DATE N
COASTAL LAND SOLUTIONS L.S. 7959
OF
1 OF]
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT
THE WESTERLY 13 FEET OF THE COLE RANCH ROAD RIGHT -OF -WAY
ADJOINING THE EASTERLY LINE OF LOTS 83 THROUGH 85 IN BLOCK 42 OF
SUBDIVISION OF BLOCKS 31, 36 AND 42 OF COLONY OLIVENHAIN, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL MAP THEREOF NO. 287, FILED IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER ON AUGUST 21, 1885.
CONTAINS 1170 SQUARE FEET MORE OR LESS.
J-�m
G A 3/29 /12-
SEAN C. EN ERT, L.S. 7959 DATE
COASTAL LAND SOLUTIONS
1 OF 1
VICINITY MAP
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INDICATES GENERAL UTILITY
EASEMENT AND STREET VACATION
AREA = 1170 SQUARE FEET
�N �� -312q 12
SEAN C. E ERT DATE
L.S. 7959
JLS C573 OASTAL SECOND STFEET LAND SOLUTIONS, INC.
ENCINIT4 CA 92024
PH (760) 230 -6025
FAX (760) 230-6026
SHEET 1 OF 1
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SCALE: 1 " =40'
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CLS #1075
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INDICATES GENERAL UTILITY
EASEMENT AND STREET VACATION
AREA = 1170 SQUARE FEET
�N �� -312q 12
SEAN C. E ERT DATE
L.S. 7959
JLS C573 OASTAL SECOND STFEET LAND SOLUTIONS, INC.
ENCINIT4 CA 92024
PH (760) 230 -6025
FAX (760) 230-6026
SHEET 1 OF 1
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CLS #1075
EXHIBIT "D"
Terms and Conditions for
Dedication of Public 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
Order Number- DIV- 3953292
Page Number: 3
A deed of trust to secure an original indebtedness of $318,000.00 recorded JULY 27,
2011 as INSTRUMENT NO. 11- 380832 OF OFFICIAL RECORDS.
Dated: JULY 16, 2011
Trustor: MICHAEL DONALD TRYON AND JILL LOUISE WEINBERGER,
HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT
OF SURVIVORSHIP
Trustee: REFS, INC., A CALIFORNIA CORPORATION
Beneficiary: SAN DIEGO COUNTY CREDIT UNION
First American Title