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2013-112928 D 0 C ## 201 3-011 2928 `\1 Recordin g Requested By- FEB 20, 2013 4:59 PM SAN DIEGOCOUNTY RECORDER'S OFFICE ( City of Encinitas Ernest J Dronenburg,Jr,COUNTY RECORDER FEES 0.00 OC. NA When Recorded Mail to PAGES: 11 City Clerk ` City of Encinitas 111111111111111 IN IIII 505 South Vulcan Avenue Encinitas, CA 92024 ABOVE FOR RECORDER' FOR THE BENEFIT OF THE CITY 1Z ACE TAX$ S USE �s \f) PUBLIC EASEMENT FOR MAINTENANCE AND MAINTENANCE VEHICLE ACCESS Assessor's Parcel No* 256-234-12 ✓ Case # ` Jeffrey S Rowland and Kristi Cole Rowland, husband and wife, as jointtenants, hereinafter called GRANTORS, are the owners 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 hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, hereinafter called GRANTEE, a Public Easement for Maintenance and Maintenance Vehicle Access, subject to the terms and conditions set forth in 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 GRANTORS s A A Viola Je S Rowland, as a joint tenant Date Kristi C le Rowland, as a joint tenant Date Signature of"GRANTORS"to be notarized. Attach the appropriate acknowledgments 101730677.2 STATE OF CALIFORNIA ) COUNTY OF ) On before me, Nota Public, personally appeared A MCI who proved to me on the basso atisfactory evidence to be the person(s)whose name(s) isr/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his,FF /their authorized capacity(ies), and that by-#i~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. WIT han d official seal PAny may"qS---- - COIAIN.#1960370 r, IUM—NOTARY PUBLIC CALIFORNIA SAN DIEf,O COUNTY Signature (Seal) ffwi —„� STATE OF CALIFORNIA ) COUNTY OF_64x) 0/C(- p ) ) On Z. Zv /3 , before me,-;,) .t/DR 8-2414--, 41/L-c„'V cJ/Z Notary Public, personally appeared C-7 L-A//V PICU/ M o proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) re subscribed to the ithin instrument and acknowledged to me tha a she/they executed the same i his er/their authorized capacity(ies), and that b /her/their signature(s) on the ins rument the person(s), or the entity upon behalf brwhich 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 (Seal) RANDA GAIL MILLJOUR a Commission#1916144< Notary Public- California San Diego County My Commission UP. Jan. 6, 2015 101730677.2 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 nt consen o ecordation thereof by its duly authorized officer. Glenn Pruim Date Director of Engineering and Public Works City of Encinitas Consent of Lienholder Wells Fargo Bank, N.A. Successor In interest to World Savings Bank, FSB ("Lienholder"), being the holder of the beneficial interest under that certain Deed of Trust made by Jeffrey S. Rowland and Kristi Cole Rowland, as trustors, in favor of Lienholder, as beneficiary, and recorded in the Office of the County Recorder of San Diego County on July 13, 2007, as Document No. 2007 0469426 ("Deed of Trust"), encumbering the real property described in the Deed of Trust ("Property"), hereby consents to the attached Public Easement for Maintenance and Maintenance Vehicle Access ("Easement"). Lienholder agrees that the Easement shall survive the foreclosure of the Deed of Trust, or other sale of the Property under judicial or non- judicial proceedings, and that the Property shall remain encumbered by the Easement following any such foreclosure or other sale. SIGNED AND EXECUTED this 1St day of November , 2012. Wells Fargo Bank, N.A. Successor In Interest to World Savings Bank, FSB By: (440 "r Name: Lorna L. Slaughter Title: Vice President 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 e foregoing Consent of Lienholder and consents to recordation thereof its y auth ze officer. AA IV' Gl w h Pima;wr Date C� 6v19;Net�"iN9 City of Encinitas STATE OF MARYLAND ) COUNTY OF FREDERICK ) On November 1, 2012 , before me, Melinda F. Smith Notary Public, personally appeared Lorna L. Slaughter, Vice President of Wells Faro Bank N.A. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is are subscr' ed to the within instrument and acknowledged to me that he he hey executed the same in his er)heir authorized capacity(ies), and that by his er their signature(s) on the instrument the per' 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 Maryland that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �••\\NDA F S'n 3 ; NOTARY y 8 L 9. ' o PUBIC Signat e- Melinda F. Smith ;wwcouN;�;' ua• (Seal) STATE OF Ca DfVW � ) COUNTY OFJa4 A !�-S J ) On `z 13 , before me,?Ai101I 6141t, 14/C 1-J(Jt 1 Notary Public, personally appeared 6`7� t AI j0fl)IM who proved to me on the basis of satisfactory evidence to be the on(s) whose name(s is)are subs ibed to the within instrument and acknowledg me th h� he/they executed the same in i 'er/their authorized capacity(ies), and that b hi 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 L'��! ' w 6-1 that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 21G�r i/ RANDA GAIL MILLJOUR Signature Commission#1916144< (Seal) ;" : Notary Public- CaliforniaN 101986140.2 > San Diego County A My Commission UP. Jan. 6, 2015 EXHIBIT "A" LEGAL DESCRIPTION LOT 9 OF SAXONY KNOLLS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 3761, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY DECEMBER 11, 1957 LAND S� ST'QG�s- C� y� L.5 8553 DOU S B ST OUP P L.S 8553 HUNSAKER &ASSOCIATES SAN DIEGO, INC OF CALIF PAGE 1 OF 1 :ML M:\0061\478\Legal Description\A08 Rowland Legal-Exhibit A.docx WO 61-478 7/16/12 EXHIBIT "B" LEGAL DESCRIPTION THAT PORTION OF LOT 9 OF SAXONY KNOLLS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 3761, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY DECEMBER 11, 1957, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 02 033'56"WEST (N 01°54'15" E RECORD PER MAP NO. 3761), 45 58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 02 033'56"WEST, 6 72 FEET TO THE BEGINNING OF A 25 00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71043'28"A DISTANCE OF 31.30 FEET TO THE BEGINNING OF A NON-TANGENT 46.80 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 85°06'23" EAST; THENCE LEAVING SAID WESTERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43 052'07"A DISTANCE OF 35 83 FEET TO SAID WESTERLY LINE OF LOT 9 AND THE TRUE POINT OF BEGINNING THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 232 SQUARE FEET, MORE OR LESS � 10 LAN—D SG 6v�5 8. pJ O p OGo L.S 8553 DOUGI,AS B S OUP P L.S 8553 HUNSAKER &ASSOCIATES SAN DIEGO, INC OF CALIZ PAGE 1 OF 1 :ML M:\0061\478\Legal DescriptionW03 Public Maintenance Esmt-Rowland.docx WO 61-478 7116/12 EXHIBIT 99 0 95 SHEET 1 OF 2 SHEETS PUBLIC MAINTENANCE EASEMENT LEUCMA BLVD. ki PUEBLA ST. DANA A VE PASSIfLARA AVE. ti o SITE � � o C9 a APN: 256-234-12 LEGEND: ® INDICATES PUBLIC MAINTENANCE AND MAINTENANCE VEHICLES ACCESS EASEMENT GRANTED HEREON AREA = 232 SQ. FT., MORE OR LESS ( ) INDICATES RECORD DATA PER MAP NO. 3761 P.Q.C. INDICATES POINT OF COMMENCEMENT T.P.O.a INDICATES TRUE POINT OF BEGINNING LAND S� �� p,5 B. ST'QGF•� G L.S. 8553 � &ASSOCIAT DOUG- B. STR ------��20/� ES 0 L.S. 8553 OF CA1. SAN DIECO. INC EXP 12/31/12 PLANNING 9707 WapIB Street ENGINEERING San Diego,Ca 92121 SURVEYING PH(858)558.4500.0((858)558-1414 R,,\0530\&MaP\EP Public Maint Esmt— Rowland SHT Ol.dwg[],/u1-16-2012.•10:25 W.O. 61-478 EXHIBIT C 93 SHEET 2 OF 2 SHEETS PUBLIC MAINTENANCE EASEMENT J " f 6\ f � � r�� f W z P.O.C. NW COR. LOT 9 �� I J Q� C, N41'14'16"Ej!�TL J Z W T.P.O.B. APN. 256-234-12 I T� 0 Q o CD (d=9138'15 R=25.00' L=39.98 I d=91'38'43" R=25.00' L=39.99 N2050 28'E R R=25.00' N85'0623 Ef 0R=46.80' N - - - - N89'04 47-W 352.45' (N89'44'00"W 352 45) - PUEBLA N STREET Sr C, J 0 7. 13 v. PARCEL I 70-01641 -s R `Vi SBm D0C, 1\10, 417301 REC. :3/ 12/ 1911 T'JS 8734 0 30 60 90 mm- SCALE _ LE 1 30 HUNSAKER &ASSOCIATES SAN DIEGO, INC PLANNING 9707 Waples Street ENGINEERING San Diegq Ca 92121 SURVEYING PH(858)5584500•FX(858)558.1414 R.•�0530�&MOMEP Public MOW Esmt- Rowland SHT 02.dwg[]Ju1-16-2012:10:30 W.O. 61-478 EXHIBIT "D" TERMS AND CONDITIONS FOR DEDICATION OF PUBLIC EASEMENT FOR MAINTENANCE AND MAINTENANCE VEHICLE ACCESS The grant made by the Grantor named in the document Public Easement for Maintenance and Maintenance Vehicle Access for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions The grant shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for maintenance and maintenance vehicle access purposes The real property referred to above is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document granting the Public Easement for Maintenance and Maintenance Vehicle Access Grantors hereby further offer to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said Public Easement for Maintenance and Maintenance Vehicle Access, together with the right to use the same in such manner and at such locations as Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said Public Easement for Maintenance and Maintenance Vehicle Access. Grantee, for itself, its successors and assigns, hereby waives claim for any and all damages to Grantee's remaining property contiguous to the Public Easement for Maintenance and Maintenance Vehicle Access hereby conveyed by reason of the location, construction, landscaping, or maintenance of said easement area. This grant of easement may be terminated and 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 This grant of easement shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees, and assigns of the respective parties At time of acceptance of this offer, any and all lienholders of trust deed(s) shall have agreed that the real property shall remain encumbered by the Public Easement for Maintenance and Maintenance Vehicle Access notwithstanding any foreclosure or other sale under judicial or non judicial proceedings. At time of acceptance of this offer, any other holders of easement(s) shall have subordinated their easement to the Public Easement for Maintenance and Maintenance Vehicle Access. The immediately preceding sentence does not apply to trust deeds 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 1017306774 EXHIBIT"D" 1 impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor, 1017306774 EXHIBIT"D" 2