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2014-229951 DOC ## 201 4-0229951 11111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) JUN 04, 2014 2:28 PM OFFICIAL RECORDS City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 24.00 When Recorded Mail to: j OC: NA City Clerk PAGES: 12 City of Encinitas 505 South Vulcan Avenue Encinitas. CA 92024 j SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 260-620-65'/ Case #: .!?3-173 CDP C� Steven W. Butler and Christine Butler. 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.. 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 s 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): 1 Steven W. Butler. Owner Date %i Christine Bu br. 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 Co it of the City of Encinitas adopted on November 9, 1994 and the an ons is recordation thereof by its duly authorized officer. �12 711`7 Glenn Pruim Da e Director of Engineering & Public Works City of Encinitas August 26, 2013 EXHIBIT `A' LEGAL DESCRIPTION PARCEL 3 OF PARCEL MAP 1774, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO JULY 26, 1973. G�S�NOD No.7655 Op CA '04' August 26, 2013 EXHIBIT `B' LEGAL DESCRIPTION STREET DEDICATION A PORTION OF PARCEL 3 OF PARCEL MAP NO.1774, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 26, 1973, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 3, SAID POINT BEING ON THE WESTERLY LINE OF SUMMIT AVENUE AS SHOWN ON SAID PARCEL MAP NO. 1774; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 NORTH 00022'12" EAST 22.17 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2028.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 84°44'25"WEST, SAID POINT BEING THE INTERSECTION OF SAID EASTERLY LINE OF PARCEL 3 WITH A LINE THAT IS CONCENTRIC TO AND 28.00 FEET WESTERLY OF THE CENTERLINE OF SUMMIT AVENUE SHOWN ON SAID PARCEL MAP NO. 1774; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 63.13 FEET THROUGH A CENTRAL ANGLE OF 1°47'01"TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 3; THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 66 043'30" EAST 5.69 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 3, BEING A POINT ON THE WESTERLY LINE OF SUMMIT AVENUE AS SHOWN ON SAID PARCEL MAP NO. 1774; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 3 SOUTH 00022'12"WEST 65.19 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 180 SQUARE FEET MORE OR LESS. DS O 'F . No.7655 �'CAI�� EXHIBIT 'C' STREET DEDICA TION \ UL 11MATE CENTERLINE \ Z PER RS 1156 & PM 1774 \ G�� 60' 4 -- N16� (R) \ 119' P►��� �, � Z F8'� �U �G� \ 01•� N 1026 '-�� � STREET DEDICA 110N 2tL GRANTED TO THE CITY i woo W OF ENCINITAS HEREON. - GROSS 7212 SF ;°_ P� NET 7,02 SF Fl W So � z x� 84'44'25 P.SOU THEASTERL Y CORNER Z $ PARCEL 3, PM 1774 1114,,�i � P 39' P� ✓ `� 66.43'6.x'12* E 1� i 1,/►ND sU N O No.7655 1"-30' CA 0 15 30 60 N NOTE •- -• SAMPO ENGINEERING, INC. 1. BOUNDARY DATA CALCULATED PER CORNER RECORD X28, PARCEL MAP 1774, AND DEED RECORDED JANUARY 27, 2012 a: (760)436-0660 FAX (760)436-0659 AS DOCUMENT NO. 2012-0047283, OF O.R. JN, 12-106 BUTLER 0419/14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of SC'�n )�fAc On 51121H' before me, u) \ Lc�Knee, 6ate Name and Title oaf t7�e Officer personally appeared S1-NVC') t.� P_7uiAG­ cnj C h t i 5nrie_ Bk_.Tt►_ Name(s) of Signer(s) 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 �. LORI GATTINERI person(s), or the entity upon behalf of which the Commission#t 2063485 Q Notary Public-calilornia = person(s) acted, executed the instrument. San Da my ' I certify under PENALTY OF PERJURY under the laws M Comm.Exires A r 5 2018+ of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: - Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: Corporate Officer—Title(s): _ - Corporate Officer—Title(s): -- Partner— — Limited General - Partner— Limited -5 General - Individual Attorney in Fact C Individual - Attorney in Fact Trustee ' Guardian or Conservator -Trustee -I Guardian or Conservator Other: '_ Other: Signer Is Representing: Signer Is Representing: 0 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 SUBORDINATION AGREEMENT WHEREAS, those parties concerned. Steven W. Butler and Christine Butler. husband and wife as community property. as Trustor and MERS as nominee for Skyline Financial Corp. as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on January 27. 2012, as Document No. 2012-0047284 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. BENEFICIARY: Print Name 41nature A-54. V,Ce- P��,��,�- -s-1 /.y Title Date rNC lvlortoeL�e 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 con nts to the making of the foregoing Subordination Agreement and consents t record o thereof by its duly authorized officer. Glenn Pruim Date Director of Engineering & Public Works City of Encinitas OA ACKNO'"I EDGEMENT Gountw e � �ar��l;n 1,4 /,n Cga.,f On this 29th day of May. 2014 before me. the undersigned. a notary public in and for the State of Ohio, duly commissioned and sworn. personally appeared Jamie Osterfeld, Assistant Vice President of PNC Mortgage known to me to be the individual(s) described in and who executed the within instrument and acknowledged that she signed and sealed the same as her free and voluntan7 act and deed, for the uses and purposes herein mentioned. Notary Public ,� .,RY P�je" WILLIAM C.BERRY Ili,Notary Public Printed Name In and for the State of Ohio Notary Public in and for the State 6f OHIO My Commission Expires Oct.1,2018 Residing at Monteomery County , My appointment expires on October 1. 2018 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 of 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 ano 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Xeck C On C5 t:�R - � before me, �W Date Here Insert Na)6 and Title of the Officer personally appeared Name(s)of Signer(s) F ' 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 DEANA QAY his/her/their authorized capacity(ies), and that by Comini SM i 20.17576 his/her/their signature(s) on the instrument the NlWy PWk-CWwa person(s), or the entity upon behalf of which the San ° ► person(s) acted, executed the instrument. 00 6111 Ana r_•,, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my had and official seal. Signature: Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the doc nt and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: -;k�uo,� o �&eeet \J 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 ALL-PURPOSE ACKNOWLEDGMENT State of California County of d bi CAQ I SS. On _ 3L__2_0( 9 before me, A-Y�GQIa f m O h , Notary Public, D.AT E personally appeared e'o V1 Pr Vim who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)&�re subscribed A the within instrument and ackn ledged to me tha he he/they executed the sam is/ er/their authorized capacity(ies), and that by�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. SIYON CoMm.I 2009314 Ij laws of the State of California that the foregoing N . NOT WPUB -0011 OORW paragraph is true and correct. my Caw.EXP.Mu.2,2017 WITNESS my hand and official seal. t - 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 TRUSTEE(S) NUMBER OF PAGES GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT THUMBPRINT L OF t SIGNER o a F APAI/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTI'P://WWW.VALLEY-SIERRA.COM X2005-2008 VALLEY-SIERRA INSURANCE