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2013-112925 D O C # 201 3-011 2925 1111 11111 11111 11111 11111 11111 11111 11111 111111111111111 1111 IN Recording Requested By: FEB 20, 2013 4:59 PM OFFICIAL RECORDS City of Encinitas SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg.Jr.COUNTY RECORDER FEES 0.00 When Recorded Mail to: Oc NA City Clerk PAGES: 13 City of Encinitas �� 505 South Vulcan Avenue 1111111111 IN IN Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DOCUMENTARY TRANSFER TAX$ Y` � A `� PUBLIC EASEMENT FOR MAINTENANCE AND MAINTENANCE VEHICLE ACCESS " Assessor's Parcel No. 256-233-07/ Case #: VICTOR L CALVI, JR ,TRUSTEE,THE VICTOR L. CALVI, JR.,TRUST DATED JUNE 12, 2006, hereinafter called GRANTOR, is the owner 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, does 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. GRANTO if1 1 Z-- Victor L. Calvi, Jr.,-YrustO Date Signature of"GRANTOR"to be notarized. Attach the appropriate acknowled ments 101730806.2 STATE OF CALIFORNIA ) �w ) COUNTY OF ) On �.Ol�' , before me, 1��1 llb� Notary Public, personally appeared U idoy • CA t 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 livey executed the same in his/he0their authorized capacity(ies), and that by his/he&ftir 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. NESS h d and official seal LISA TIBBELS Q COMM.#1919990 (� NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY 0 nature (Seal) 2 COMM.EXPIRES JAN.2,2015 101730806.2 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 Co ncil of the City of Encinitas adopted on November 9, 1994 and the an con t o recordation thereof by its duly authorized officer. /VI./V' Glenn Pruim Date Director of Engineering and Public Works City of Encinitas 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 December 2, 1994, as Document No 1994-0694496 of official records, subordinated to the EASEMENT FOR MAINTENANCE AND MAINTENANCE ACCESS ("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. ENEFIcCIIAR ure- Titre 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 re dation r of by its duly authorized officer z/2-0X3 Date ' City of Encinitas 101730806.2 V\rw\dc� STATE OF ) COUNTY OF IQVOA ) On 31�� , before me,-011"'M Notary Public, personally appeared --� t\<--) I, W O CJ. 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 his/her/their 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. ITNESS my h nd and official seal. Is- AMANDA MURDOCK Notuy PuKNe-sat.of fbrw Mir Comm.ExpUn Apr 26.2013 g ature (Seal) commission#EE$010 Marta TWO No"Il11"AtM STATE OF CALIFORNIA ) COUNTY OF On <� 0 L13 before me,-ZhAloP �///L ILJ/4 4- 1001 Notary Public, personally appeared__ /, /% /1l/tI 4o 1re proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) subscribed to the -within instrument and acknowledged to me that a he/they executed the same i hi er/their authorized capacity(ies), and that by is er/their signature(s) on the instrument the person(s), or the entity upon behalf o 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. «•.. RANDA GAIL MILUOUR Signature (Seal)v ' commission#1916144< 'max° Notary Public- canforniaX json Diego county My Commission Exp. Jan. 6, 2015 101730806.2 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 September 14, 2004, as Document No. 2004-0873634 of official records, subordinated to the EASEMENT FOR MAINTENANCE AND MAINTENANCE ACCESS ("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. Citibank NA successor by merger to Ciri fs uccessor by merger to BENEFICIARY: Citibank (WEST) fsb Shelley L. Hess Print Name Qnaktu re Vice President November--12. 201 Title Date ignature of Beneficiary to be notarized tach the appropriate acknowled ments. t ctr My oti be. -4 ok Gf ouncil of the City of Encinitas, pursuant to authority conferred by Atsel or. of said(,o urn,;(adopted on November 9, 1994 that the City of Encinitas. �ct�tp�so+.lcase-s4 is the making of the foregoing Subordination Agreement and consents to rec rdation re by its duly authorized officer. ��°,X3 Presi vPj G /► Date re-c-la r r_a�EPT!,-teer:ka S r OJL(�c l.Je/4S City of Encinitas 101730806.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I 1� — CIVIL CODE§ 1189 M� State of California County of CC/ On 2 before me, Date Here Insert Name and I rtle of the Officer personally appeared l^7 L Ic A/ P Name(s)of Signer(s) fi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(9re subscribed to thLewithin instrument and acknowledged toi e that 6eishe/they executed the same in his/7(er/their authorized capacity(ies), and that by RANDA GAIL MILLJOUR i '/her/their signature(s) on the instrument the 11 commission#1916144 < rs( Un) erson(s), or the entity upon behalf of which the• Notary Public- calif ornia(0 j person(s) acted, executed the instrument. SanDleg0county .4 My commission Exp. Jan. 6, 2015 �1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. fi WITNESS my hand and official sea[ fi Signature Place Notary Seal Above Signature O/Notary Pi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document' ,I and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date fi Number of Pages Signer(s) Other Than Named Above fi Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name fi 'I Corporate Officer — Title(s) L-1 Corporate Officer — Title(s) F individual I Individual F-1 Partner — I I Limited El General fi 7p of thumb 7here 17 Partner — ❑ Limited El General Top of thumb here [L] Attorney in Fact Attorney in Fact fi fi El Trustee I I Trustee ❑fi :1 Guardian or Conservator 11 Guardian or Conservator ❑ Other, ❑Other- Signer Is Representing Signer Is Representing fi 2010 National Notary Association•National Notary.org 1-800-US NOTAR_Y(1-800-876-6827) Item#5907 STATE OF MARYLAND ) ) ss. COUNTY OF WASHINGTON ) On this 12`h day of November 2012, before me, the undersigned officer, personally appeared Shelley L. Hess, Vice President of Citibank, NA, and that she as such Vice President, being authorized so to do. Executed the forgoing instrument for the purposes therein contained, by signing the name of the corporation by herself as Vice President In witness whereof I hereunto set my hand and official seal. ARy Saundra W. Pierce, Notary Public ...,� My Commission expires August 9, 2015 PUB 'yap �COUN� «�'• EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 25 OF PASSIFLORA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 2355, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY SEPTEMBER 27, 1946 GRANTED TO VICTOR L. CALVI, JR. PER DEED RECORDED JULY 21, 2006 AS DOCUMENT NO. 2006-0515321, OF OFFICIAL RECORDS LAND S� �p,5 B S�pLB`� Co L.S. 8553 Q DOUG S B ST OUP P L.S. 8553 9�R OF CALZFp��~ HUNSAKER &ASSOCIATES SAN DIEGO, INC PAGE 1 OF 1 :ML M:\0061\478\Legal Description\A10 Calvi Legal-Exhibit A.docx WO 61-478 7/16/12 EXHIBIT "B" LEGAL DESCRIPTION THAT PORTION OF LOT 25 OF PASSIFLORA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 2355, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY SEPTEMBER 27, 1946 GRANTED TO VICTOR L. CALVI, JR. PER DEED RECORDED JULY 21, 2006 AS DOCUMENT NO. 2006-0515321, OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF THAT LAND GRANTED PER SAID DEED; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 00 052'17"WEST (N 00-16' E RECORD PER SAID MAP NO 2355), 45 40 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 00 052'17"WEST, 13 44 FEET TO THE BEGINNING OF A 15.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84 040'15" A DISTANCE OF 22.17 FEET TO THE BEGINNING OF A NON-TANGENT 45 70 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 85 023'46" EAST, THENCE LEAVING SAID WESTERLY LINE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40 016'57" A DISTANCE OF 32.13 FEET TO SAID WESTERLY LINE OF LOT 25 AND THE TRUE POINT OF BEGINNING THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 205 SQUARE FEET, MORE OR LESS LAND ST Q 0 L.S. 8553 DOUGLAS B STR UP P L.S 8553 OF&ASSOCIATES SAN DIEGO, INC �� cA>.z`` PAGE 1 OF 1 :ML M:\0061\478\Legal Description\A02 Public Maintenance Esmt-Calvi.docx WO 61-478 7/16/12 EXHIBIT 93 C 99 SHEET 1 OF 2 SHEETS PUBLIC MAINTENANCE EASEMENT 0 0 LEUCMA BL W. k PASSIFLORA AVE -PUE&A ST. SIDON/A A VE r-s SITE or ti o � � o y a APN: 256-233-07 LEGEND: ® INDICATES PUBLIC MAINTENANCE AND MAINTENANCE VEHICLES ACCESS EASEMENT GRANTED HEREON AREA = 205 SQ. FT., MORE OR LESS ( ) INDICATES RECORD DATA PER MAP NO. 2355 P.Q.C. INDICATES POINT OF COMMENCEMENT T.A0.a INDICATES TRUE POINT OF BEGINNING LAND SCR ST C� OJ BOG OA O 'o L.S. 8553 HUNSAKER _ ZTRW-O�— /G z alz&ASSOCIATES DOUG BS L. . 8553 9TF FpQ� SAN DIECO, INC EXP. 12/31/12 OF CAL1 PLANNING 9707 Waples Street ENGINEERING San Diego,Ca 92121 SURVEYING PH(858)SS84500•EX(858)558.1414 R:105301&Mop1EP Public Moint Esmt— CO1Vi SHT 01.dwg[Pul-16-2012:10:21 W.O. 61-478 EXHIBIT " c " SHEET 2 OF 2 SHEETS PUBLIC MAINTENANCE EASEMENT � ^ w P O C / . . . j '� DEED REC. 712112006 AS Q DOC. N0. 2006-0515321, O.R. r� / �a —� Lo 4L r �aWl� 30' � C4 � <� f l W ,�^� O APN.• 256-233-07 PORTION OF LOT 25 GRANTED TO VICTOR L. l C.) O ~ N45'06 49" R�E CALVI, JR. PER DEED RECORDED JULY 21, QL p 2006 AS DOCUMENT N0. 2006-0515321, �! OF OFFICIAL RECORDS. _v 6=89'57'04" R=15.00' L=23.55' p (d=90'00 00" R=15.00 L=23.56) 01 E VR=15.00' D� R� �2 N85'23 46'E(R) R=45.70' p () - N / LLI r - � - N89'04'47"lN 172.23' PUEBLA N STREET / PARCEL 70-0164-3 S,. r r . 1 /if 1N.VV. 1 /%► DOC. 1\10. 417807 Jr C. 10 r. 13 v. REC. -/ 12/ 1971 R % VV s8IM ROB 3734 C 30 60 90 HUNSAKER 1 &ASSOCIATES SCALE 1"=30' SAN - I E -O. 1 N C PLANNING 9707 Waples Street ENGINEERING San Diego,Ca 92121 SURVEYING PH(858)558-4500•FX(858)558&1414 R.•`05301&Mop 1 EP Public MOint Esmt— COM SHT 02.dwg[Pul-16-2012:10:22 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 trust deed(s) and easement(s) shall be subordinated to the Public Easement for Maintenance and Maintenance Vehicle Access. 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 offer of dedication the right to enforce this offer of dedication against the Grantor. 101730806.2 EXHIBIT"D"