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2013-597428 DO ## 2013-0597428 Recording Requested By: ) OCT 01, 2013 4:59 PM OFFICIAL RECORDS 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 ,1 City Clerk ) PAGES: 11 City of Encinitas ) 505 South Vulcan Avenue Encinitas, CA 92024 ) ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC SEWER EASEMENT I/ Assessor's Parcel No: 260-213-18 Case#: 04-187 TPM Grading Plan #:177-G, 820-G GEORGE KRIKORIAN, TRUSTEE UDT OF THE KRIKORIAN FAMILY TRUST DTD 3-22-04, 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, State of California, hereinafter called GRANTEE, a Public Sewer Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-54 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. DOCUMENTARY TRANSFER TAX$ GRA R: George Krikorian, Owner Date Signature of"GRANTOR"to be notarized. Attach the appropriate acknowledgments. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of L as AvAae.ke, Ont*p.,rt" 6e!, .11,1cti before me, /aline Date Here Insert Name and Title of the Officer personally appeared 6 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(o whose name(z' is/ore subscribed to the within instrument and acknowledged to me that he/,W/they executed the same in his/her/jI;eit authorized capacity(ieg), and that by his/14ef/kbeir signatures' on the instrument the ' persongr,, or the entity upon behalf of which the ANNE E.CASABURI person acted, executed the instrument. Commission# 1928806 a " a Notary Public California z I certify under PENALTY OF PERJURY under the Z e -V 3. Los Angeles County D laws of the State of California that the foregoing My Comm.Expires Mar 17,2015 paragraph is true and correct. WITNESS my hand and official seal. Signature: '� (_ � Place Notary Seal Above Signature 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: PL)61%c Sewer Fas�wtc.<� Document Date: �e�Er.�.b:- ���U 13 Number of Pages: 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 ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©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. )-,ov Glenn Pruim Date Director of Engineering Services City of Encinitas ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of SGT p � � On Q` 36- 2.013 before me, OX)Ae �p, Y S i (-Yi O)n Notary Public, DALE personally appeared _I " `d-9''� VN MG--�e ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed o the within instrument and ackn ledged to me thagh /she/they executed the sam n is 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 ANGELA A. SIMON laws of the State of California that the foregoing Comm 1 2009'314 N paragraph is true and correct. N 1 NOT ��' rrOR111A .+ Ur COYM.EX► WITNESS my hand and official seal. 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 g OF s SIGNER o a 0 APA 1/2012 NOTARY BONDS,SUPPLIES AND FORMS ATHTTP://WWW.VALLEY-SIERRA.COM C 2005-2008VALLEY-SIERRAINSURANCE SUBORDINATION AGREEMENT WHEREAS, those parties concerned, desire to have the Deed of-i rust recomed in the office of the County Recorder of San Diego County on ECZM SER /? �X0/Z , as P'^a Document No. .20/2--6713129 of official records, subordinated to PUBLIC SEWER EASEMENT ("DOCUMENT" hereinafter). a L--a C jy o ( L&I<-#'.t r k-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 a t.,d A p— C;�� 0 60c-; 0, s BENEFICIARY: LEommb /C'oL oD Print Narne Signature �6/57-EE If--.1 2-013 Title Date B�R,B�Rl� Ile. 14('0Lo Dom _ Print Name Signature 1. �i�usTEE �� . x f� 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. /0 ' / " 913 ,o 113 &I-e.pl h Pry Date Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c State of California County of J-n--% I/ L I On re me, %S llIi 'AL&ao /('6L Date Here Ins me and dle of the–off icer , nn � personally appeared d o rj,[br(, klT-hod ame(s)of igner—(s}— who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +sl5re subscribed to the within instrument and acknowledged to me that 4ef5he/they executed the same in .lais><Fie+r/their authorized capacity(ies), and that by hisMer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the HOUIS DEVON BIJOLE-HIMES person(s) acted, executed the instrument. 7 7o 1(NARY PUBLIC-CALIFORNIA ` n�i^ CQMMISSION#1932960 y LOS ANGELES COUNTY I certify under PENALTY OF PERJURY under the My Comm.Exp.April 17,2015 laws of the State of California that the facegoing paragraph is true and correc . WITNESS my hand ici Is Signature: Place Notary Seal Above Si nature o OPTIONAL Though the information below is not required bylaw, it may prove valuable to pe ons re in on the document and could prevent fraudulent removal and reattachment of this form to nothe cument. Description of Attached Documept Title or Type of Document: �t Document Date: <C I idf11(11y 2-1, U (I Number of Pages:—� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner —❑Limited ❑General Top of thumb here ❑Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 1 OF PARCEL MAP NO. 20136, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON NOVEMBER 7, 2006. CONTAINS 1.202 ACRES MORE OR LESS. o Lawn s� ALES ql2 X13 v;q= ~cf�9 SEAN C. EWLERT, L.S. 7959 DATE m L.S. 7959 COASTAL LAND SOLUTIONS. INC. �r � p 4 QF CAL Sheet 1 of 1 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT THE NORTHERLY 15 FEET OF THE EASTERLY 185 FEET OF THE WESTERLY 215 FEET OF PARCEL 1 OF PARCEL MAP NO. 20136, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON NOVEMBER 7, 2006. CONTAINS 2,775 SQUARE FEET MORE OR LESS. o LAND PALES SEAN C. E LERT, L.S. 7959 DATE "' L.S. 7959 4 COASTAL LAND SOLUTIONS, INC. �x 9 OF C Sheet 1 of 1 EXHIBIT tic" SHEET I OF 1 PLAT OF EASEMEgT N88 .55' 15"W 289.98' 185.00 ' 104. 98' _ 185' ---- N88 '55' 15"W 185.00 ' yo Cu Ln sue. 1 ClDn !G W � Cu �] T uj 00 W m ° p ° °C�Gd9 so o � @ Lp pogo aoa MIN • R] a 0 0 a � Z EX. PUBLIC ROAD EASEMENT REC. °z Cd APRIL 11, 1951 IN BOOK 4049, PAGE 201 OF O. R. NBB '56'46"W 289.76' HwWk m VIM NOW GRAPHIC SCALE 1"=60 ' .N' 0 60 120 180 ® PROPOSED PUBLIC SEWER EASEMENT AREA = 2, 775 SQUARE FEET LAND LE COASTAL LAND SOLAMOPM INC. n m LS 573 SECOro STREET a L.S. 71-1 �7 Exp. 3-31-14 7� 1� Ri hW)aO G0i2524 SEAN 795gNGLERT DATE FAX (760) 230-6026 CA CLS#1121 EXHIBIT "D" Terms and Conditions for Dedication of Public Sewer Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public sewer 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 the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, for ingress and egress for public sewer maintenance and repair, 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 sewer lines 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 more particularly described in the document dedicating or offering to dedicate the sewer easement. The Grantors may, at their 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 no trees shall be planted or grown thereon. 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; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the described works of improvement. 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 or offer of dedication of sewer 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 Grantee 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.