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2013-660305 DOC ## 201 3-0660305 11111111 IN 1111111111111111111111111111111111111111111111111111111 IN Recording Requested By: } NOV 05 2013 3:58 PM OFFICIAL RECORDS I City of Encinitas j SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr., COUNTY RECORDER / When Recorded Mail to: FEES: 0.00 A OC: N N wAYS: s ) City Clerk ) PAGES: 13 City of Encinitas 05 South Vulcan Avenue ) 11III 11III 11II IN D Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 257-011-39 Case#: 12-061 CDP 11650-G DOCLMENTARY TRANSFER TAX$__ Travis T. Jones, a single man as to an undivided 25% interest and Steven Jones and Geri Jones, Trustees of the Steven and Geri Jones 2003 Trust, dated February 6, 2003 as to an undivided 75% interest, 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. GRANTOR(S): rO 2 � Travis s, O r Date Z -[440 yv�� SteveD Jone , ner Date 1u - Z8 -13 - S X9/n eri Jo s, I ner Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. 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, 9994 and the grantee consen to recordation thereof by its duly authorized officer. //0/ 1114-113 �cy- Glenn Pruim Date Director of Engineering and Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 c State of California County of ',-1 C.-I tQ VIL-QG 127�1 On I(D _� _ZnI before me, M i-S�ar�,c�`c4 c-)t C.n_L. F,��<<' Date Here In ert Name and Title oft Officer personally appeared T-o-v v T \e*-,v0 \ rt P_ C_�L, nJ ame(s) of Signer(s) �cm N e_c�, who proved to me on the basis of satisfactory evidence to be the person(f) whose nameo),4/are subscribed to the within instrument and acknowledged to me that to/sf3e/they executed the same in `%s/hit/their authorized capacity es , and that by M. ib 0CHARD hh)s/hgr/their signature(cb on the instrument the Commission # 1965511 z person(6 or the entity upon behalf of which the i -s Notary Pubic California > person(C)acted, executed the instrument. z San Diego County M Comm.Ex Tres lan 29,2016 t 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: 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: Document Date: mber 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): M. ❑ Individual ❑ Individual ❑ Partner —❑Limited ❑General op of thumb here ❑ Partner — O Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conser 'tor ❑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 45907 SUBORDINATION AGREEMENT WHEREAS, those parties concerned, Travis T. Jones, a single man as to an undivided 25% interest and Steven Jones and Geri Jones, Trustees of the Steven and Geri Jones 2003 Trust, dated February 6, 2003 as to an undivided 75% interest as TRUSTOR, and John E. Thill, an unmarried man and Kathy Jo Thill, an unmarried woman as BENEFICIARY desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on December 29, 2011, as Document No. 2011-706319 of official records, subordinated to EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY ("DOCUMENT' hereinafter) and the City of Encinitas. 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. BEN I IARY A 1 13 Jo E. Thill, Beneficiary Dat O KatVy Jo Thil vtofici 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 ereof by its duly authorized officer. it/sl .3 S;cr Glenn Pruim Date Director of Engineering and Public Works City of Encinitas SUBORDINATION AGREEMENT WHEREAS,those parties concerned, Travis T. Jones, a single man as to an undivided 25% interest and Steven Jones and Geri Jones, Trustees of the Steven and Geri Jones 2003 Trust, dated February 6, 2003 as to an undivided 75% interest as TRUSTOR, and John E. Thill, an unmarried man and Kathy Jo Thill, an unmarried woman as BENEFICIARY desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on December 29, 2011, as Document No. 2011-706320 of official records, subordinated to EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY ("DOCUMENT" hereinafter) and the City of Encinitas. 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. BE I IA 061 Z0l J E. Thill, Beneficiary Dat c f i0 aq -z03 Kat y Jo Thil e ry 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. -A/% tt/ S/ 13P /v A,/,PGlenn Pruim Date Director of Engineering and Public Works City of Encinitas ALIT-PURPOSE ACKNOWLEDGMENT State of California SS. County of Skn �l AGO ^, On C) — --.o 13 , before me, '1 ' rA!Aa {-t• S i fn O rj , Notary Public, DATE personally appeared /\A G`3 huh e r ,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 ackno ledged to me tha h 'she/they executed the same in is er/their authorized capacity(ies), and that by is 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 ANGELA A. SIMON laws of the State of California that the foregoing N CoMM.#� 2009314 N paragraph is true and correct. A NOTARY PUBLIC•CALIFORNIA Cow.ExP. COUNTY MY Caw.Eu.MAR.2,tot) WITNESS my hand and official seal. '�"j�NOTAYSATURE 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 F1 TRUSTEE(S) F1 GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT L THUMBPRINT g OF SIGNER o a H APA1/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2008 VALLEY-SIERRAINSURANCE CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California COL111tV of On before me, Daniel c.Arguelles, Notary Public (I leic insert name and title of the officer) personally appeared .12�,fQ1 -r— who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Ware Subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics)• 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 CC)-Lif'y under PENALTY OF PERJURY under the laws of the State ofCalif'ornia that the foregoing paragraph is true and correct. DANIEL C.ARGUELLES NOTARY PUBLIC-CALIFORNIA COMMISSION#1987125 C WIT ESS Ty hand and of icial seal. IMPERIAL COUNTY My Comm.Ex R.Auius,31,2018, (Notary Seal) Signature of No i) Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETINGTI-ilS FORM Any acknowledgment completed in c.alifiol•jia lintst cocain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above ill the nalaly section 01•a sepal-ale ackoolplerirXinent fin-in must be propet-ly completed and allached to that document. The oldy exception is ij,a document is to be recorded onside of C'alifiol-ilia. In such instances,(ill)•ahernafive acknowledgment verbiage as njo• be printed on such a document so long as the or description.raiii�- Iieddocumcnt) a that is illegaijor- notary in verbiage does nor require the nolaq it)do sonlelhilig Califo•plia (i.e. certifying the awhori=etl capacio,of the signer). Please check the lis fo-In I i re Wred. (Title or description of attached document continued) f q • State and County information must be the State and County where the document Number of Pages Document Date---- signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must lie the(late that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her (Additional information) commission['allowed by (oninia and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/.ilic/fliey—, is 1w)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporatc Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if'a (Tille) sufficient area permits,otherwise complete a different acknowledgment farm. Signature or the notary public ,just match the signature on file with the office of ❑ Partner(s) the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not Misused or attached to u different document. Indicate title or type of attached document,number of pages and date ❑ Other Indicate the capacity claimed by the signer. If the claimed capacity is 11 corporate officer,indicate the title Ge.CEO,CFO,Secretary). securely attach this document to the signed document 2008 Version CAI'Avl2.10.07900-873-9865 www.NotaryClasses.corn CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �\ County of Rwc 5 o�-G On C(Ac%k1 r� _befo a me, 1 au CkZ \1 V�t I C f Date Here Insert Name and Title of the e personally appeared KwMmi —vvv1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(i) whose name(y) is/ax"subscribed to the within instrument and acknowledged to me that /she/t4ey executed the same in P,49/her/their authorized capacity(i*, and that by his/her/tbak signatures-on the instrument the personas}; or the entity upon behalf of ELIZABETH COLE which the personr}acted, executed the instrument. Commission # 1967988 Z�'_ Notary Public-California Z Riverside County D I certify under PENALTY OF PERJURY under the laws My Comm. Expires Feb 26, 2016 J of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd ic' s Signature Place Notary Seal Above S7 igignature 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 i 1 ,,^, II ,/ Title or Type of Document: Fo semen ar pU'jkic_ 541e&� tt'91 t of—W,� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION PARCEL "A": BEING A PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SOUTH 89 003'38" EAST (SOUTH 89 044'00" EAST PER RECORD OF SURVEY MAP NO. 6481, RECORDED NOVEMBER 9, 1964, AS FILE NO. 204370, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY), 63.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTH 89 003'38"EAST, 402.73 FEET; THENCE SOUTH 00 056'22" WEST, 163.11 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE WESTERLY ALONG SAID LINE NORTH 88 058'26" WEST, 408.30 FEET TO A POINT ON THE ARC OF A NON TANGENT 1172.00 FOOT RADIUS CURVE CONCAVE EASTERLY, THROUGH WHICH POINT A RADIAL BEARS SOUTH 87 052'17" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 049'01", A DISTANCE OF 16.71 FEET; THENCE TANGENT TO SAID CURVE NORTH 02 056'45" EAST, 145.88 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPERTY BEING DESCRIBED AS PARCEL A IN A CERTIFICATE OF COMPLIANCE RECORDED ON MAY 8, 2002, AS FILE NO. 2002-0389117 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. RNpt LANpsG9p cc JAKE D. p 4 LOGAN 9 * No.9042 0 F CAL EXHIBIT "B" DEDICATION LEGAL DESCRIPTION PARCEL "B": BEING A PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 4 FEET OF PARCEL "A" AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. ONp,I lANpsG� G aJAKE OGAN * No.9042 N:0k 9�FOF CA1-FOP i EXHIBIT "C" PLAT QpnM �g77�0o9���3� S 00'56'22" W 163.11' I I I I Q q@ (D C6 Q O Q W p Q P') OC) 0 O r� O4 N Q O 00 O 00 00 00 Z LANpsG F o < RIGHT OF WAY DEDICATION JAKE D. o a LOGAN �' I I AREA AS DESCRIBED IN N No.9042 I I EXHIBIT "B" 9 OF C A��F�P 0 ° 0 0 CV O O 4 c6 `v S_87'52'17"_E _(R) N 02'56'45"�E 145.88' QUAIL GARDENS DRIVE R=1172.00' f — — ---- A=00'49'01" L=16.71' RANCHO COASTAL z- - ENGINEERING & SURVEYING SINGLE SOURCE DEVELOPMENT CONSULTANT 60 0 60 120 310 S. TWIN OAKS VALLEY ROAD #107-297 SAN MARCOS, CA. 92078 (760) 510-3152 Ph / (760) 510-3153 Fax SCALE IN FEET SCALE: 1 = 60' 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 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 i enforce this offer of dedication against the Grantor. 1