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2014-86716 SJ DOC # 201 4-0086716 MAR 04, 2014 4:01 PM Recording Requested By: ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ✓ ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER ES: 0.00 WAYS: Z FE City of Encinitas OC: NA When Recorded Mail to: ) PAGES: 13 City Clerk ) ! City of Encinitas 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC EASEMENT FOR PRIVATE STREET J Assessor's Parcel No: 262-080-07 Case #: 01-239 TM JIM H. ENGERT AND ANNE M. NILSEN-ENGERT HUSBAND AND WIFE AS COMMUNITY PROPERTY, 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 and convey for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Easement for Private Street, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-53 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. o0t��lENrARYTRAN�ER"#�; � GRANT JIM rERT, wn er Date ANNE M. NI -ENGERT, Owner 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 uncil of the City of Encinitas adopted on November 9, 1994 and t gr ee c e is to recordation thereof by its duly authorized officer. Glenn Pruim Date Director of Engineering Services City of Encinitas SUBORDINATION AGREEMENT WHEREAS, those parties concerned, JIM H. ENGERT AND ANNE M. NILSEN- ENGERT, A MARRIED COUPLE as TRUSTOR, and LOLA HINDE LIVING TRUST DATED JUNE 2002 as BENEFICIARY desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on MAY 7, 2013, as Document No. 2013-0286453 of official records, subordinated to PUBLIC EASEMENT FOR PRIVATE STREET ("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. BENEFI A Y- ^/ L A HINDE LIVING TRUST, Beneficiary Date Beneficiary 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 ecorda ' ereof by its duly authorized officer. 4 Glenn Pruim Dat Director of Engineering and Public Works City of Encinitas "EXHIBIT A" LEGAL DESCRIPTION OF ENGERT PROPERTY THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BARNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, MORE PARTICULARY DESCRIBED AS FOLLOWS: EXCEPTING THEREFROM THE WESTERLY 921.08 FEET AND THE SOUTHERLY 600.00 FEET. ALSO, EXCEPTING THEREFROM, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 WITH THE EASTERLY LINE OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY 920.00 FEET, SOUTH 00°09'09"WEST, 420.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°41'50" EAST, 33.09 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 23, NORTH 00°03'05"WEST, 420.00 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID NORTHERLY LINE NORTH 89°41'50"WEST, 31.59 FEET TO THE POINT OF BEGINNING. AND ALSO, EXCEPTING THEREFROM, THE NORTHERLY 10.00 FEET OF THE SOUTHERLY 610.00 FEETOF THE EASTERLY 360.00 FEET. AND ALSO, EXCEPTING THEREFROM, THE NORTHERLY 480.00 FEET, MEASURED ALONG THE EASTERLY LINE OF SAID SECTION 23. Page 1 of 1 "EXHIBIT B" LEGAL DESCRIPTION PUBLIC EASEMENT FOR PRIVATE STREET BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE BOUNDARY OF LAND DESCRIBED IN DEED TO JIM H. ENGERT AND ANNE M. NILSEN-ENGERT ("ENGERT") RECORDED OCTOBER 20, 1994 AS DOCUMENT NO. 1994-0615769, O.R.; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID ENGERT LAND, NORTH 88 058'56"WEST A DISTANCE OF 360.00 FEET TO A POINT ON THE EAST LINE OF AN EXISTING EASEMENT AND RIGHT-OF-WAY FOR ROAD, UTILITY AND INCIDENTIAL PURPOSES RECORDED SEPTEMBER 19, 1962 AS DOCUMENT NO. 161482, O.R., SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERY BOUNDARY LINE OF ENGERT LAND, NORTH 88°58'56"WEST A DISTANCE OF 50.99 FEET TO THE NORTHWEST CORNER OF SAID ENGERT LAND, SAID NORTHWEST CORNER IS ALSO A POINT ON THE EASTERLY LINE OF BOUNDARY OF LAND DESCRIBED IN DEED TO SANTA RITA INVESTMENTS COMPANY, INC. ("SANTA RITA") RECORDED OCTOBER 7, 2008 AS DOCUMENT NO. 2008-0526690, O.R.; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID SANTA RITA LAND, SOUTH 00°52'44"WEST A DISTANCE OF 222.23 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID ENGERT LAND; THENCE EASTERLY ALONG SAID SOUTHERLY BOUNDARY LINE OF ENGERT LAND, SOUTH 89°08'31" EAST A DISTANCE OF 51.80 FEET TO A POINT ON THE EAST LINE OF SAID DOCUMENT NO. 161482, O.R.; Page I of 2 "EXHIBIT B" PUBLIC EASEMENT FOR PRIVATE STREET THENCE NORTHERLY ALONG THE SAID EAST LINE OF SAID DOCUMENT NO. 161482, O.R., NORTH 00°40'15" EAST A DISTANCE OF 222.09 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 11,417 SQUARE FEET OR 0.26 ACRES MORE OR LESS I.ANp J Q RF9� 0 IL No. LS 7619 Exp. 12/31/14 9TF OF cA�-�F°� 11-A Zoi3 ALA . REAM, PLS 7619 DATE: MY LICENSE EXPIRES 12/31/14 Page 2 of 2 SHEET 1 OF 2 EXHIBIT "C" SANTA FE DRIVE Cl TY OF ENCINI TAS 5 0 BERRYMAN U CANYON Z Q Q w ESTA TES 0 w0 o Z TENNIS m Cy- a COUNTY OF CLUB DR. SAN DIEGO ``' VICINITY MAP LEGEND: NOT TO SCALE INDICATES ENGERT EASEMENT & RIGHT-OF-WAY T.P.O.B. INDICATES TRUE POINT OF BEGINNING P.O.B. INDICATES POINT OF BEGINNING BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS CCS 83, ZONE 6, GRID BEARING BETWEEN STATION "CLSB-003" AND STATION "CLSB-006" (BOTH HAVING A CALIFORNIA COORDINATE VALUE OF FIRST ORDER ACCURACY OR BETTER) PER THE CITY OF CARLSBAD SURVEY CONTROL MONUMENT PER RECORD OF SURVEY 17271, I.E. NORTH 83'11'46" WEST. QUOTED BEARINGS FROM REFERENCE MAPS OR DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. NOTE.- THE BEARINGS AND DISTANCES SHOWN HEREON ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO CONTROL PROPERTY BOUNDARIES. SEE "EXHIBIT A" LEGAL DESCRIPTION FOR CONTROLLING CALLS AND INTENT o `AND L AI EXISTING EASEMENT & RIGHT-OF-WAY FOR ROAD, UTILITY & INCIDENTAL �,`�� Q� J PURPOSES RECORDED SEPTEMBER 19, 1962 AS DOCUMENT NO. 161482, 0.R. Q No. LS 7619 Exp. 12/31/14 CW Engi Mim•En„rwomtd•lad WNT),g 3 2442 Second Avenue 9T� Q� San Diego, CA 92101 ALAN J. REAM OF CA��F (619)232-9200 (619)232-9210 Fax L.S. NO. 7619 Consultants, Inc. REGISTRATION EXPIRES: 12-31-14 APN. ENGERT Drawn By. AJR 262-080-07 PUBLIC EASEMENT FOR PRIVATE STREET Date: 1112612013 BERRYMAN CANYON ESTATES ;1 4;:19 PM PTT SHEET 2 OF 2 EXHIBIT "C" 0 0 z m z APN.• 262-080-03 APN.• 262-080-34 0 N (� cQ POR. OF SE 114 OF NE 114 J D Z APN.• 262-080-35 p31.5 t� 50.99' P.0-B W'L Y 921.08' 360.00' APN. 262-080-23 N8858'56"W 410.99' SECTION 23 N o T.P.0.B BERR YMAN N w w ("ENGERT") r CANYON ESTATES APN: 262-080-07 APN.• 262-080-21 °z z EL Y 400' T. 13 S., R. 4 W., S.B.M. 2Q 51.80' N89'08'31"W APN.• 262-080-16 p APN.• 262-080-20 LU mV ' Cw Engineering Eiwiramentd•Land Saveyaig 2442 Second Avenue 200 0 100 200 San Diego, CA 92101 (619)232-9200 (619)232-9210 Fax 1 inch = 100 ft. Consultants, Inc. APN- ENGERT Drawn By. AJR 262-080-07 PUBLIC EASEMENT FOR PRIMATE STREET Date: 1112612013 BERRYMAN CANYON ESTATES EXHIBIT "D" Terms and Conditions for Grant of Public Easement for Private Street The grant of public easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The public easement for private street shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for use as a public easement over a private street, which purposes shall include the erection of public signage; and also the installation, construction, maintenance, repair, replacement, reconstruction and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable television, public sewer, public water, public storm drain, fire hydrants, 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 of ingress and egress for the construction, maintenance, or alteration of any public utility equipment or facility situated in or on said easement; and also the perpetual right of ingress and egress of emergency access vehicles for emergency purposes; and also the perpetual right 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; and also 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 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 by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described on the document granting the easement. 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 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. This easement may be terminated 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 public easement for private street. Grantor agrees that Grantor's duties and obligations under this easement 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 easement. 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. ACKNOWLEDGMENT State of California County of San Diego) On December 11 2013 before me, C�ArA 3 t ►tA " Notary Public, personally appeared Lola Hinde, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature(s) on the instrument the person, 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. WITNESS my ha and official seal. SARA S.KENT Commission#t 1882198 Signature 64-_� (Seal) -i Notary San Diego Co Cuntyrnia M Comm.Expires Mar 11,2014 ww.w ACKNOWLEDGMENT State of California County of San Diego) On December W, 2013 before me, rr!t h 4 , Notary Public, personally appeared Jim H. EnRert, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. WITNESS my ha and offi a seal. SARA S.KENT Commission#r 1882198 Notary Public-California Signature (Seal) San Diego County My Comm.Ex ires Mar 11,2014 ACKNOWLEDGMENT State of California County of San Diego) / On DecemberF,g► , 2013 before me,--SAa < Notary Public, personally appeared Anne M. Nilsen-Engert, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature(s) on the instrument the person, 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. WITNESS my d and of ' i s SARAn KENT gL Commission#�1882196 Notary Public-Calitornia Signa re (Seal) San Diego County My Comm.Expires Mar 11,2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 a State of California County of , o On�� ' � ` `� before me, d� Date Here Inse ame and Title of the Off r personally appeared �`� �����L$�C'�� Names)of Signers) 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 DEANA GAY his/her/their signature(s) on the instrument the Commission#2037575 person(s), or the entity upon behalf of which the i P r: Notary Public-cdoon a CaMIb San DiaOo person(s) acted, executed the instrument. Cortrll.EII r 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and official seal. Signature: Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required bylaw, it may prove valuable to persons relying on the 0 u ent and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache ocumen O� ' �3 .; Title or Type of Document: Document Date: 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