2014-241626 DOC ## 201 4-0241 626
JUN 11, 2014 2:06 PM
Recording Requested By: ) OFFICIAL RECORDS
I� ) SAN DIEGO COUNTY RECORDER'S OFFICE
y� City of Encinitas ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER
J FEES: 0.00 WAYS: 2
OC: NA
'( When Recorded Mail to: ) PAGES: 12
City Clerk
City of Encinitas
505 South Vulcan Avenue )
�L Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
1 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
V� 1/Assessor's Parcel No: 254-181-07 Case#:13-007 CDP
DOCUMENTARY TRANSFER TAX$ __ (11626-G)
CHRISTOPHER MCBREARTY A MARRIED MAN AS HIS SOLE AND SEPARATE
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, 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.
GR TOR(S):
Christopher McBrearty, Owner Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
ACKNOWLEDGMENT
State of California
County of
��� )
On 66 1 before me,
(insert name 5nd title of the officer)
personally appeared Mc'&ZlzsqA gj�j
who proved to me on the basis of satisfactory evidence to be the per sonW whose name(pj s re
subscribed to the within instrument and acknowle ed to me thatee she/they executed the same in
is her/their authorized capacity0*0,-and that by�er/the' signatur%s)- the instrument the
personK, or the entity upon behalf of which the person 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.
A T EVANS
WITNESS my ha an officia Commission#t 1998933 Z
Notary Public-California
Z San Diego County
My Comm.Expires Dec 14,2016
Signature_ (Se
SUBORDINATION AGREEMENT
V C h,,:s. `44G a�,c-&/Ay C-S T"O-s AO,"
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded in the
office of the County Recorder of San Diego County on M AU?-3 ,2b*( , as
Document No. ac>i y-°Z 1 312 6 of official records, subordinated to EASEMENT
FOR PUBLIC STREET RIGHT-OF-WAY ("DOCUMENT" hereinafter).
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.
13 e-A e4.'cr'k., a- Trust-ee�
eri k 4 Ab.2r i Tyo\--,
Print Name Signature
Title y;ce-— 1��-c s►'d evc� ��2- � z-°'
Date
IIS�a. h.nu��;c. � Sf�v �c.Ps , S� c .
,/�
PLEASE SEE ATTACHED
CALIFORNIA
JURAT
ACKNOWLEDGEMENT
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 rec tion thereof by its duly authorized officer.
/-Z 6Z�/y
Glenn Pruim Date'
��
Engineering / Public Works Director
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
rc-..eccc�^•=C�R.i3rc�ie.,c-<rc�",6R,ci� f..��Ct'c=f?.c�fS�-rc-r..�`-.,neck'�!.,��SGf>ciCF-fSZ�C..c�Cr-�S�1.cc- .,c�C.,c"F,�'r�a•,:rsc�•��
State of California
SAN DIEGO
County of r�
On � )N ,
o_(, Q��'� before me, �/ (�, �� NOTARY PUBLIC
Dale .p LL (� �p �} ` He Insert Name and Title of the Officer
personally appeared ��l i� L (��yl` S t IC,b Y\
Name(s)of Signer(s)
i
who roved t me on the basis of atisfacto evidence to
be the person whose names)�re subscribed to the
within instrument and ackno dged to me that
h®'she/they executed the Gme in hi er/their authorized
capacity(i , and that by er/th signature
�on the
instrument t e person, or the entity upon be"half of
KAYLI MAGDALENO which the personXacted, executed the instrument.
Commission#2052102
i ,-: Notary Public-California i I certify under PENALTY OF PERJURY under the laws
= San Diego County of the State of California that the foregoing paragraph is
Comm.E ires Dec 16,2017 true and correct.
WITNESS ha an ffici I
Place Notary Sea'Above Signature Signature f No y Public ,
OPTIONA!
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:-So io k'N N " q
Document Date: a tjQ �, a `q umber of Pages: � 1
Signer(s)Other Than Named Above: NSA
Capacity(ies) Claimed by`Siigner(s)
Signer's Name: ,V Signer's Name:
C Individual ❑ Individual
C Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—0 Limited Ll General _ ❑Partner—El Limited L. General _
❑ Attorney in Fact - • -- ❑Attorney in Fact - •
❑ Trustee Top of thumb here ,Trustee Top of thumb here
Guardian or Conservator i Guardian or Conservator
Other: Other:
Signer Is Representing: Signer Is Representing.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of !ao I
On before me, Q"IQ r 4
Date n Here Insert Name and Title of t e Officer
personally appeared `���il')f) P►7M�/n
Name(s)of Signer(s)
e
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 his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
SiAAAANTW►MORROyr which the person(s) acted, executed the instrument.
Co�wionMo 2o47ssx I certify under PENALTY OF PERJURY under the laws
MoT SMIDEEWCOtWry N of the State of California that the foregoing paragraph is
c0" ^EwbwMWa Mu true and correct.
WITNESS my hand and official seal.
SignatureC
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: 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:
02007 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
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 th gra ee co nts to recordation thereof by its duly authorized officer.
Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
����+���-��.ct�'_no— �nc=:C�.F:��r�,%i2�-ry�ts��. -.�- ��-.;�-<<,r+�._ -�-.2�?,;=,E`<c�•�f�'�'.�?�— �`
State of Californian T p�
County of h y f` 6
On ��� l�� before me, 9"14.1/1 f-
Date Here Insert Name and Titl of the Officer
personally appeared ���� m
Name(s)of Signer(s)
e
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 his/her/their signature(s) on the
SAMANTHA MORROW instrument the person(s), or the entity upon behalf of
corwrAIIIIIIIIII&I NO.2067516 which the person(s) acted, executed the instrument.
pioTARy pMjc-CALffORN1A
SAN 01EG0 COUNTY
e,2o�e I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS mv band and official seal.
Signature &"LV
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: 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:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-676-6827
EXHIBIT "A"
THE WESTERLY 200.00 FEET OF THE SOUTHERLY 90.00 FEET (MEASURED ALONG THE WESTERLY
AND SOUTHERLY LINES) OF THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 3,TOWNSHIP 13 SOUTH, RANGE 4 WEST,SAN BERNARDINO MERIDIAN,
ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER WHICH IS SOUTH 06° 38' 55" EAST, 652.24 FEET FROM THE NORTHEAST CORNER
THEREOF,SAID POINT BEING ALSO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF
LAND CONVEYED TO ALBERT G. BERRY AND ESTELLE H. BERRY, BY DEED RECORDED AUGUST
24, 1945, IN BOOK 1916, PAGE 438, OF OFFICIAL RECORDS; THENCE SOUTH 83' 52'05" WEST
ALONG THE SOUTHERLY LINE OF THE NORTHERLY 652.24 FEET OF SAID SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER, BEING ALSO THE SOUTHERLY LINE OF SAID BERRY'S LAND,A
DISTANCE OF 667.85 FEET;THENCE SOUTH 06° 38° 55" EAST PARALLEL WITH THE EAST LINE OF
SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 200.00 FEET; THENCE PARALLEL
WITH THE-NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, NORTH
830 52' 05" EAST, 667.85 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE NORTH 06° 38' 55" WEST ALONG SAID EAST LINE 200.00 FEET
TO THE POINT OF BEGINNING.
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EXHIBIT "B"
AN EASEMENT FOR ROADWAY AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS,
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL
PLAT THEREOF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
LYING WITHIN THAT LAND AS DESCRIBED IN A DEED TO CHRISTOPHER MC BREARTY, ET AL PER
DOCUMENT RECORDED FEBRUARY 27, 2013 AS DOCUMENT NO 2013-128211 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID MC BREARTY LAND WITH
A LINE THAT IS PARALLEL WITH AND 24.00 FEET EASTERLY OF MEASURED AT RIGHT ANGLES TO
THE WESTERLY LINE OF SAID LAND;THENCE PARALLEL WITH SAID LINE S 6°01'04" E (S 6°38'
55" E RECORD) 16.82' TO A POINT, SAID POINT BEING THE BEGINNING OF A NON-TANGENT
29.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS S
44° 20'39" W;THENCE SOUTHEASTERLY 8.11 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 16 001'38"TO A REVERSE 37.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE SOUTHERLY 78.74 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 121°5545" TO POINT THAT IS 24.00 FEET EASTERLY OF MEASURED AT RIGHT ANGLES TO
THE WESTERLY LINE OF SAID MC BREARTY LAND; THENCE PARALLEL WITH SAID LINE S 6°01'04"
E 3.10'TO THE POINT OF TERMINUS IN THE SOUTHERLY LINE OF SAID MC BREARTY LAND.
CONTAINING 3240 SQUARE FEET MORE OR LESS.
EXHIBIT "C"
STREET EASEMENT
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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.