The URL can be used to link to this page

2013-429884 - DOC ## 201 3-0429884 Recording Requested By: 1111111111111111111 IN City of Encinitas JUL 09, 2013 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE When Recorded, Mail to: Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 5.50 WAYS: 2 OC: OC City Clerk PAGES: 12 City of Encinitas ff 505 South Vulcan Ave. Encinitas, CA 92024 Yv1 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY C N 3 EASEMENT FOR LANDSCAPE PURPOSES u '1 Assessor's Parcel No: 260-651-21 D4CNENTARY TWM TM )5cs ed 45 v Fo l l Uct(Lr-f— Darin S. Garner and Rosalie N. Garner, husband and wife as joint tenants hereinafter called GRANTOR, the owners of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "C"ATTACHED HERETO AND MADE A PART HEREOF, do hereby grant, convey, and dedicate for valuable consideration of$4789.28, the receipt of which is hereby acknowledged, to the City of Encinitas, a Municipal Corporation, hereinafter called GRANTEE, an easement and right-of-way for landscape purposes, subject to the terms and conditions set forth as EXHIBIT "D" which is attached hereto and made a part hereof, the real property described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR: 41-�, 2 �a/,� � Z4 �3 Darin S. Garner Date It V RQ�alie N. Garner Dat Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. NOTARAIZED SIGNATURES FOR: EASEMENT FOR LANDSCAPE PURPOSES SIGNED BY GRANTORS: Darin S. Garner Date Rosalie N. Garner Date ALL-PURPOSE ACKNOWLEDGMENT State of California County of scun C]i eaa SS. On - Z's' Z� 173 , before me, R nae.I os- A Si ,nn O n Notary Public, DATE personally appeared 61-1-YA C— ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is are subscribed o the within instrument and ackn ledged to me tha h/she/they executed the sam h5qher/their authorized capacity(ies), and that by hii 'her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ""WWANGELA A• SiMO� I certify under PENALTY OF PERJURY under the cow#20023" laws of the State of California that the foregoing N • M 0*0 O ion paragraph is true and correct. WITNESS my hand and official seal. l- , NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT c THUMBPRINT OF SIGNER a A O F-' APA1/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERPA.COM C'2005-2008 VAL LEY-SI ERRA IN SU RANCE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County od�m O �/tjL 3 bef ore me, 1 �� /�- ,C-1�/L QUA . A261 It 1006616 Here Insert Name and Title of the Officer personally appeared �/E /ll. -r.4sPi(LF_ �P Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument and acknowledged to m that he4othey executed the same in hi eir authorized capacity(ies), and that by RANDA GAIL MILLJOUR hi h eir signature(s) on the instrument the Commission#1916144 < or the entity upon behalf of which the � person(s), Y p � �. • Notary Public - California�g > San Diego County a person(s) acted, executed the instrument. My Commission Exp. Jan. 6, 2015 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: ��d� Place Notary Seal Above Sigryure 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) i Signer's Name: Signer's Name: I� ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual - ❑ Individual ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here i< ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: �I I I Signer Is Representing: Signer Is Representing: I I i -k,�=w��c��n ^�,u:��:��.�•c=�:•e=c:e=c:�;w^E%w�ro-�^��k��cs? s�ra�%w��=c:�c,y � _ _ �=�su.��s��aa�:_�-c; � ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 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. 7, /J Cam,Glenn Pr EnP.E. Date Director f gineering Services/Public Works City of Encinitas SUBORDINATION AGREEMENT ,Qt�✓r h a mac:[��Sc l � fec.��b H S S�ova 5 T/V L., �1'?C�2S WHEREAS, those parves concernedvdesire to have the Deed of Trust recorded in the � v►c' �'�`°y� office of the County Recorder of San Diego County on 6/20/2012 , as Document No. 2012-0358781 of official records, subordinated to Easement for Landscape Purposes ("DOCUMENT" hereinafter),C.—ct J-4-e_ C—;Yf-yc h c Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY of T 44942- 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 ar. of icT�G Mortgage Electronic Registration System, Inc., MERS Amber Montgomery Print Name Si nature Assistant Secretary June 18, 2013 Title Date Signature of Beneficiaries/Trustees 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. �- ,Glenn Pr , P.E. Date Director of Engineering Services/Public Works City of Encinitas CORPORATE ACKNOWLEDGEMENT STATE OF: Kentucky } } ss: COUNTY OF: Daviess} On this 18`h day of June 2013 before me appeared Amber Montgomery , to me personally known, who, being by me duly sworn, did say that Amber Montgomery is the Assistant Secretary of"MERS",Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS and that the seal affixed to the foregoing instrument is the corporate seal of said MERS and that said instrument was signed and acknowledged said instrument to be the free act and deed of said corporation. OFFICIAL SEAL ANDREA L.JOHNSON NO llblic:-Andrea . ohn son Z NOTARYPUBLIC-KENTUCKY Notary ID#:406490 STATE-AT-LARGE My Commission Expires: October 9,2013 My Comm.Expires 10.092013 CORPORATE ACKNOWLEDGEMENT EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO AN OFFICIAL PLAT THEREOF , DESCRIBED AS FOLLOWS: Beginning at the northeast corner of Parcel A as described in Document No. 2001-0339394 recorded May 25, 2001, records of said San Diego County; Thence along the northerly prolongation of the easterly line of said Parcel A North 3°59'55" West 52.72 feet to the southwest corner of Parcel M described in said Document No. 2001-0339394; Thence along said southerly line of Parcel M North 89°15'36" East 18.79 feet; Thence South 26°56'31"West 17.60 feet; Thence South 6°20'27" East 115.44 feet; Thence South 85°31'01"West 14.43 feet to said easterly line of Parcel A; Thence along said easterly line North 3°59'55" West 78.90 feet to the Point of Beginning. The above described parcel contains 1618 square feet, more or less. All as more particularly shown Exhibit B, attached hereto, and by reference, made a part hereof. Prepared in the Office of SAND SU9 ° Leonard C. Stiles PLS 5023 oo.p '3o1 License Expires December 31, 2011 September 3, 2011 ��OF GA�-�� EXHIBIT B 0 20' 40' SCALE 1"=20' .N' PARCEL M Instrument No. 2001-0339394 Southwest Corner N 89 O 1 36 E Recorded May 25, 2001 15 N Parcel M -------------- 18.79, S 26°56'31"W / 17.60' I I I i Easement granted to the N I City of Encinitas from Z 1` 434 Bach Street w I L I 02 � 1 1 P.O.B --------------------- . - ---- 1 Northeast Comer I Portion Parcel A N ;o NW 114 SECTION 22 I" T13S R4 W 1618 s.f. II m S. B. M.. PARCEL A I OD I� Instrument No. 2001-0339394 I Recorded May 25, 2001 II 1 I 1 1 l S 85°31'01"W 14.43' I Traverse PC EXHIBIT "C" LEGAL DESCRIPTION OF PROPERTY Lot 21 of City of Encinitas Tentative Map 89-229 in the City of Encinitas, County of San Diego, State of California, according to the map thereof No. 14006 filed in the Office of the County Recorder of San Diego County on July 21, 2000. EXHIBIT "D" Terms and Conditions Easement for Landscape Purposes The grant of Easement for Landscape Purposes made by the Grantor named herein for the benefit of the City of Encinitas, a Municipal Corporation, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The easement shall be for a perpetual easement and right-of-way upon, through, under, over, and across the hereinafter described real property for landscaping purposes, including the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of irrigation systems, drainage conveyance systems, site walls, and appurtenant facilities, and all structures and facilities incidental thereto, and for the right to plant, maintain, replace, and remove landscaping, together with the perpetual right to perform grading 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 by Grantee, its successors, or assigns, and 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 landscaping and irrigation or structures incidental thereto, and for pedestrian access. Together with the right of ingress and egress over and along said easement and right-of-way to deposit tools, implements, and other materials thereon by Grantee, its successors, and assigns. To have and to hold said easement unto itself and unto its successors and assigns forever. 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 Attachments A and B hereto. 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 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. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to this Easement for Landscape Purposes. 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On C) before me, 91NPr Date Here Insert Name and Title o the Officer personally appeared 0, SF� � Name(s)of Signer(s) 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/sbeAhey executed the same in his/her!#h it authorized GINA FRANCES ZENNS capacity(ies), and that by his/heFAh it signature(s) on the Commission s 1870445 instrument the person(s), or the entity upon behalf of Z Notary Pumic-Camornia which the person(s) acted, executed the instrument. San Diego County My Comm.Expires Jan 29,2014 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. Q �� Signaturet�&� lilCL a%�7�1i9J Place Notary Seal Above Signature of Notary Put 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: E /0 L"v j FQ Z L Nl 08A-p, 11"n a �0 oS E5 40,l ab Min r�( Document Date:� hj t4 Number of Pages: S / Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ) 2E4 S14 t EnD S Signer's Name: e Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ G eral _ Attorney in Fact • ❑Attorney in Fact u Top of thumb here Top of thumb here ❑Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Co ervator ❑ Other: ❑Other: Signer Is Representing: Signer Representing: �'f-h� Dr �7 i�iN ifs ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827