Loading...
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- - NA L ------------------------------------------------------------------------- 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 NOT TO SCALE N f� R N N P O (OOH V ) a c¢ Y U O J Q � m W ❑ a "o L m z 3 3 c W 2 ~ H S RANCHO ANTA FE ROAD Q1 Z 8TH ST SlIEr w COLE RANCH ROAD o y 9TH ST, N a f � TRIPLE C '� W z RANCH RD o w MEADOWMIST LN VICINITY MAP NOT TO SCALE N f� R N N P O (OOH V ) 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 X SCALE: 1 " =40' Q 13' Z ul CLS #1075 a Y U O J Q � m 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 X SCALE: 1 " =40' Q 13' Z ul 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