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2014-216211 DOC ## 201 4-021 6211 Recording Requested By: ) MAY 27, 2014 4:30 PM OFFICIAL RECORDS City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE n� ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER V� FEES: 0.00 When Recorded Mail to: ) OC: NA City Clerk ) PAGES: 9 City of Encinitas ) 505 South Vulcan Avenue 111111111111111 IN IN Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessors Parcel No: 258-141-35 Case #: 12-188 TPM/CDP Michael Vietro, Trustee of the M. Vietro trust dated May 12 2009 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. DOCUMENTARY TRANSFER TAX$__oa____ GRANTOR(S): Vietro, Owner/Trustee Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c State of California County of �¢� On q `k� before me, Date � _ Here Insert Name and Title of the Officer C1 ^ personally appeared `\C-\_'`-,-� •t Q�o Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(arwhose name(s) is/a;ie subscribed to the within instrument and acknowledged to me that he/sib/they executed the same in his/heM4reir authorized capacity(ies7, and that by his/Wtb& signature(aY on the instrument the DONNA S.WELLS person(W , or the entity upon behalf of which the Commi::ion#I 200M person(&) acted, executed the instrument. Hoary PuMie.caworllir Colnso�°�1 t� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nd and official seal. Signa 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 �rorQ� �.:_1..�.-4" l_-�y Title or Type of Document: Document Date: _S; • `1, 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 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 on t cons s o recordation thereof by its duly authorized officer. 47/2- 7//� Glenn Pruim Date Director of Engineering and Public Works City of Encinitas SUBORDINATION AGREEMENT WHEREAS, those parties concerned, Michael Vietro, a married man, as Trustor and RPM Mortgage, Inc., a California corporation as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on February 22. 2013, as Document No. 2013-0116725 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: MORTGAGE ELECTRONIC REGISTRATIONS SYSTEM, INC.AS NOIMINEE FOR THE BENEFICIAL OWNER RPM MORTGAGE, INC. Print Name ignature LINDA M. KIRKEBY ASSISTANT SECRETARY MAY 20, 2014 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 cordatio eof by its duly authorized officer. j ZZ�//y lenn Pruim Date Director of Engineering & Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Ca ` ems D IQ On before me, ez1A"la Date � Here In rt me and Title of the Offic C er personally appeared ��u�rc-1 Names)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 DEANA GAY person(s), or the entity upon behalf of which the Commis:ion N=17575 person(s) acted, executed the instrument. Notary Public•CaiNomis San Diego Colt I certify under PENALTY OF PERJURY under the y co"M E=ir@B laws of the State of California that the foregoing paragraph is true and correct. WITNESS an and official seal. Signature: Place Notary Seal Above OPTIONAL Signature of Notary Publi Though the information below is not required by law, it may prove valuable to persons relying on the ment and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ocument t ��,(� Title or Type of Document: '� t a — o Tpro IQ op 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): M. • 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•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 California All-Purpose Acknowledgement State of California County of n'� �- eta- SS. On before me, ?arm.;ar,,;Tite�f fv- Rjb;ic: personally appeared ' 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 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 hand and official seal D. SMITH Commission#2025441 Notary Public-California i Contra Costa County D MY Comm. Expires Jun 4,2017 (seal) Signature of Notary Public f 0�0< ';,� My commission expires on.:—&"`�`06/7 �Oplb nal; Phone No.: ©California Notary Seminars,Inc - All Rights Reserved Order Online at:www.CalifomiallotarySeminars.com EXHIBIT"A" LEGAL DESCRIPTION APN: 258-141-35 THE SOUTHERLY 742.50 FEET OF THE EASTERLY 248 FEET OF THE WESTERLY 518 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15,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. EXCEPTING THEREFROM THE SOUTHERLY 213%FEET OF THE EASTERLY 248 FEET OF THE WESTERLY 518 FEET. ALSO EXCEPTING THE SOUTHERLY 190 FEET OF THE NORTHERLY 529 FEET OF THE SOUTHERLY 742.5 FEET OF THE EASTERLY 248 FEET OF THE WESTERLY 518 FEET. �c�ED LAIVp S \vti PEN CF�° GqG O 0 AWRENCE PAXTON LS 4447 * EXP.9-30./5 Z N9T 0' CALIFOP DATE EXHIBIT"B" LEGAL DESCRIPTION APN: 258-141-35 THAT PORTION OF THE NORTHERLY 339.00 FEET OF THE SOUTHERLY 742.50 FEET OF THE EASTERLY 248 FEET OF THE WESTERLY 518 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15,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.BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE NORTH LINE OF SAID NORTHERLY 339.00 FEET NORTH 88°56'11"WEST 17.00 FEET TO THE TRUE POINT OF BEGINNING AND THE NORTHWEST CORNER OF LAND DESCRIBED IN EASEMENT DEED TO THE CITY OF ENCINITAS RECORDED NOVEMBER 22, 1996 AS DOC.NO 1996-0593433 OF OFFICIAL RECORDS;THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND SOUTH 01 046'26"WEST 295.82 FEET; THENCE SOUTH 46 046'26"WEST 9.55 FEET; THENCE SOUTH 01°46'26"WEST 7.00 FEET; THENCE SOUTH 43 013'34"EAST 9.55 FEET; THENCE SOUTH 01°46'26"WEST 22.70 FEET TO THE SOUTHEAST CORNER OF SAID LAND AND THE SOUTH BOUNDARY LINE OF LAND DESCRIBED IN DEED TO MICHAEL VIETRO,TRUSTEE OF THE M.VIETRO TRUST DATED MAY 12,2009 RECORDED OCTOBER 19,2010 AS DOC.NO.2010-0561222 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE BOUNDARY OF SAID LAND OF VIETRO NORTH 88 056'11"WEST 8.00 FEET TO A POINT IN A LINE PARALLEL WITH AND 25.00 FEET WESTERLY,MEASURED AT RIGHT ANGLES TO THE WESTERLY BOUNDARY OF SAID LAND OF VIETRO; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 01046'26"EAST 339.03 FEET TO THE NORTH LINE OF SAID LAND OF VIETRO; THENCE EASTERLY ALONG SAID LINE SOUTH 88056'11"EAST 8.00 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 2,620 SQUARE FEET MORE OR LESS EXHIBIT"C"BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF OF THIS DESCRIPTION. LAND SG RENCE PAXTON(+LS 4447 Z EXP:9-30.)!5 �J L S 4AA. DATE CF CALIFOQ` EXISTING EASEMENT FOR PUBLIC HWY 17.00' EXHIBIT "C' PURPOSES PER DOC NO. 1995-0593433 8 �► T.P.O.B. . REC NOV. 22, 1996 O.R. P.O.B. L1= N 88`56'11" W 17.00' S W56'11* E 223.02' L2= N 01'46'26* E 22.70' L3= N 43r 13'34" W 9.55' L4= N 01'46'26" E 7.00' L5= N 464626" E 9.55' 17' 8' 25' 0; SCALZE N V W p ' � 258-141-35 Io 0) APN►', IN co DOC NO. 2010-0561222 lo c REC OCT. 19, 2410 O.R. b L5 z C07 0 L4 248.00' q L3 L2 L1 SEE DETAIL "A" DETAIL "A" N 88'56'11" W 223.02 NO SCALE BLVD 01CHTAs ayEp LANp SG 8.00' OCEM guff WAY vvPQENCEp9 0 17.00' O 9 EXP: Z 9-3415 d 40 1S44 OP��P* REAUEZA ST PREIOARED BY CALIP VICEUff MAP THE SEA BRIGHT COMPANY CITE' OF ENCINITAS 4322 SEA BRIGHT PLACE DEDICATION PLAT CARLSBAD, CA 92008 PH/FAX: Q 0) 720-00 ASSESSOR'S PARCEL NOS.: VEM IN: MOM BY• 268-141-�35 � M. VL'= 7R= DATED MAY 12. 2009 LAWRENCE PART PLS 4447 WN: LP •01 07 14 I SNEET 1 1