Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2013-563318
. [HOC # 201 3-056331 8 Recording Requested By: ) SEP 12, 2013 8:37 AM OFFICIAL RECORDS l City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 0.00 WAYS: 2 When Recorded Mail to: ) OC: NA City Clerk ) PAGES: 12 i'�y1 505 South Vulcan Avenue Encinitas, CA 92024 ) oc� ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY A� EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 258-234-25 Project#: 13-049 CDP TM$ 0 11657 SG V` No Corlsida'COA10A Thomas A. Kroll and Jennifer L. Kroll, Trustees of The Kroll Family Trust dated August 31, 2004, 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, an Easement for Public Street Right-of-Way, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-52 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. GRA as A. Kroll, Owner Trvs+ee- Date L 7 3 13 nifer L. Poll, Owner -rrvse- Date Signature of"GRANTOR(S)"to be notarized. Notan'21 Certi,cate Attac ed Attach the appropriate acknowledgments. Dat CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County f� On before me, at ere Insert yame and Tie of t fficer ' personally appeared — N4r s)of Signer(s who proved to me on the basis of satisfactory evidence to be the perso(o whose namq -iEwere subscribed to the within instrument and acknowledged to me that Fie/they executed the same in ) weir authorized capacit )es and that by 4;is�their signaturqo on the instrument the rnDNTES persord or the entity upon behalf of which the ;;, Commission # 1°65985 _ t z perso s) cted, executed the instrument. «'< '1 Notary PUNIC - California _, San Diego Ccunty r.1y Comm.Explres Aug 19,?e1s I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SS my hand and official seal. S nature: Place Notary Seal Above ig ary blic OPTIONA Though the information below is not required by law, it may pro uab persons relying ory the document and could prevent fraudulent removal and reattachment of fs form to another document. Description of Attach Document Title or Type of Docume — ° Document Date: Num of Pages: 'R Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's N e: , Signer's ame: ❑ Cor rate Officer — Title(s): ❑Corporate O Icer — Title s): ndividual ndividual ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — Limited El General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: VO Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 S Q tSO rL AJ ArZ-v N /-t GK GCM L A.I T fl►or..bf /`t.(CrCS((G.,dJ't.,.,�i�II�•�/O,� aS �/US,U✓$ �N J l�►'1 o i f �9 e L I t...l-as. %cKe9:Sf-iaf.`o•� Sys�+.•��,,lk 4 V AS Q eK L(-� c `a�y p,5 f10MiY�2. WHEREAS, those parties concerned, desire to have the [deed of Trust recorded in the U•S. Sank office of the County Recorder of San Diego County on July 17, 2012, as Document No. Naki a,0-0-y,vn 2012-0414680 of official records, subordinated to EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY("DOCUMENT" hereinafter), &—ce il-e-C-4.y of G S 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. Mortgage Electronic Registration Systems, Inc. as nominee for U.S. Bank National Association Amber Montgomery 0�wwk W Yr,-6NWO Ltj Print Name Signature Assistant Secretary September 5, 2013 Title - -- 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. FoyL Glenn Pruim Date Director of Engineering and Public Works City of Encinitas CORPORATE ACKNOWLEDGEMENT STATE OF:Kentucky } } ss: COUNTY OF: Daviess} On this 5`h day of September 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 o , ANDREA L.JOHNSON NO Public Andrea 1: o son NOTARY PUBLIC-KENTUCKY Notary ID#:406490 STATE-AT-LARGE '� My Comm.Expires 1&09-2013 My Commission Expires: October 9,2013 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 con ents to recordation thereof by its duly authorized officer. -11A - /V M 4, Mocw-c I I I L9 > 1-3 f-„Glenn Pruim Date Director of Engineering and Public Works City of Encinitas EXHIBIT "A" LEGAL DESCRIPTION ENTIRE PROPERTY THE SOUTH 63.00 FEET OF LOT 5 IN BLOCK B OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 4, 1928. Ls 5211 i s EXHIBIT "B" LEGAL DESCRIPTION STREET DEDICATION THE EASTERLY 6.00 FEET OF THE SOUTH 63.00 FEET OF LOT S IN BLOCK B OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 4, 1928. o'er SUR �N C. L8 5?11 OF CA��F EXHIBIT "C" STREET DEDICATION PLAT 0 NJ Q Q ti a APN 258-234-27 20.00 ' 7 6.00' c\j APN 258-234-25 0° o 846 DEVONSHIRE DR. o W a Z Q 0 W O LOT 5 LAND S�9 a N C. L LOT 4 Jv�o�P yG��9 APN 258-234-24 S 5211 N 00 Lo CALIF"' p J m MELBA RD. PASCO LARET SUITER AREAC378SSO. FT. DEDICATION &ASSOCIATES on.11el.N.uwo PLU MIw♦LAW IUWUM W Kwa MOW"101.SW A.lduw 5mck G 9]070 pk/ll.:llM121 ic 161.960.817 i PL SA 2068 EXHIBIT "D" Terms and Conditions for Dedication of Easement for Public Street Right-of-Way The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of the public street easement for the benefit 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 use as public street right-of- way, including 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, as well as other public right-of-way uses deemed necessary by Grantee, 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 City of Encinitas, County of San Diego, State of California, and is particularly described on the document dedicating or irrevocably offering the dedication. 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. Grantor for himself, his successors and assigns, hereby waives claim for any and all damages to Grantor's remaining property contiguous to the public street right-of-way conveyed by the dedication or offer of dedication by reason on the location, construction, landscaping, or maintenance of said public road right-of-way. 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. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of easement for public street right-of-way. 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 i� State of California ( County of�,� y '� On • �D �/.3 before me,��¢�i4 64-le— "/.C,L"(?�y/�,�UD� G )Oc /C IF Date Here Insert Name and Title of the Officer personally appeared M11115111 Name(s)of Signer(s) I< ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed to the ithin instrument and acknowledged t me that �he/they executed the same in RANDA GAIL MILLJOUR his er/their authorized capacity(ies), and that by Commission#1916144 < her/their signature(s) on the instrument the Notary Public - Californian person(s), or the entity upon behalf of which the > San Diego County My Commission Exp, Jan. 6, 2015 person(s) acted, executed the instrument. I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f' WITNESS my hand and official seal. I. I - _ Signature. ( Place Notary Seal Above tl Signature of Notary P ly is 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: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) I Signer's Name: Signer's Name: - Corporate Officer — Title(s): ❑Corporate Officer — Title(s): - Individual - Individual - Partner — Limited -General Top of thumb here -I Partner — L!Limited -General Top of thumb here i F� Attorney in Fact -Attorney in Fact - Trustee -Trustee -' Guardian or Conservator -Guardian or Conservator Other: -Other: i Signer Is Representing: Signer Is Representing: �5 7 2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 TRUE COPY CERTIFICATION (Govemment Code 27361.7) Sam t'�a+rc�s �A Place of Execution certify under penalty of perjury that this material is a true copy of the original material contained in this document. Date Signature of Declarant aY,� �zol Type or Print Nam 7a,sco Lafe 1 Su•14ejr �ssu cti�eS Civil EY�irIQILY� r Lard n►lah�i r� l-a�cL S�rve��a� 82675 S 3 5 1•{c I h Hu x�( 101 , S� Sala v�c� 'tea c 41 , CA cdS's- 2S. �f 12 �1SCte�l�irLP�v Vv • CC61 Rec.Form#R9.1(&114M