2014-399590 D O C ## 2014-0399590
I IIIIIII IIII VIII VIII VIII VIII VIII IIII)VIII VIII VIII VIII IIII IIII
SEP 16, 2014 3:37 PM
w Recording Requested By: ) OFFICIAL RECORDS
I ) SAN DIEGO COUNTY RECORDER'S OFFICE
City of Encinitas ) Ernest J Dronenburg,Jr,COUNTY RECORDER
I FEES 0.00 WAYS 2
OC. NA
When Recorded Mail to: ) PAGES: 14
I� City Clerk )
City of Encinitas ) 11111111111111 IIII
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
I� EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 256-012-18 V/ Case#: 13-217 CDP
ZEPHYR CUSTOM HOMES 11, LLC, A DELAWARE LIMITED LIABILITY COMPANY
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):
Brad Termini, Co-Partner Date
For Zephyr Custom Homes II, LLC
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
I
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 the ra a is to recordation thereof by its duly authorized officer.
co
?/��/�r
Glenn Pruim Date
Director of Public Works
City of Encinitas
ACKNOWLEDGMENT
State of California
County of San Diego )
On September 15, 2014 before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared Glenn Pruim ------------------------------------------------------------------
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.
I SAMANTHA MORROW
WITNESS my hand and official seal. °' - commission No 2067518 0
v NOTARY PUBLIC CALIFORNIA v,
} SAN DIEGO COUNTY
j 3 Commission Expires May 9,2078
Signature flyenol ( (Seal)
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, ZEPHYR CUSTOM HOMES II, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, as Trustor and Bank of the West, a
Califomia banking corporation as Beneficiary, desire to have the Deed of Trust recorded
in the office of the County Recorder of San Diego County on June 30. 2014, as
Document No. 2014-0272259 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 Signature
For Bank of the West
V P MAMA6 Al 6 IFJ- 10)1e— cie
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 t record thereof by its duly authorized officer.
Glenn Pruim DateT�
Director of Public Works
City of Encinitas
ACKNOWLEDGMENT
State of California
County of San Diego )
On September 15, 2014 before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared Glenn Pruim ------------------------------------------------------------------
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. SAMANTHA MORROW
Commission No 2067518 n
—' NOTARY PUBLIC CALIFORNIA co
v SAN DIEGO COUNTY
Commission Expires May 9,2018
Signature /Y% � V (Seal)
EXHIBIT"A"
LEGAL DESCRIPTION OF PROPERTY
LOT 16 AND THE SOUTH 1 FOOT OF LOT 17,IN BLOCK 9 OF SOUTH COAST PARK NO.2,IN THE COUNTY
OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF NO.1859,FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 21, 1925
Exhibit "B"
Public Street Right-of-Way Dedication
Legal Description
A portion of Lot 16 and the Southerly 1 00 foot of Lot 17, Block 9 of South Coast Park No 2, in the City of
Encinitas, County of San Diego, State of California, according to Map No 1859, filed in the office of the
County Recorder on September 21, 1925, said Public Street Right-of-Way Easement being more
particularly described as follows:
Beginning at the Northernmost corner of said Lot 16 and a point on the existing Southwesterly Right-of-
Way line of West Leucadia Boulevard, thence leaving said Southwesterly Right-of-Way line, along the
Northeasterly property line of said Lot 16, South 15 043'30" East 13 95 feet; thence leaving the
Northeasterly property line of said Lot 16, North 50 043'30" West 18.25 feet to the Northerly line of the
Southerly 1 00 foot of said Lot 17 and an angle point in said Southwesterly Right-of-Way line of West
Leucadia Boulevard, thence Northeasterly along the Northerly line of the Southerly 1 00 foot of said Lot
17 and the Southwesterly Right-of-Way line of West Leucadia Boulevard, North 74 016'30" East 9 77 feet
to the Northernmost corner of the Southerly 1 00 foot of said Lot 17 and an angle point in said
Southwesterly Right-of-Way line of West Leucadia Boulevard, thence Southeasterly along the
Northeasterly property line of the Southerly 1 00 foot of said Lot 17 and said Southwesterly Right-of-Way
line of West Leucadia Boulevard, South 50 043'30" East 1.22 feet to point of beginning.
The hereinabove described area contains 78 sq ft. more or less.
Ivy
�,o LAND sU
MARK A. BRENCICK, L.S 7226 a5 '9G
V� MARK A.
LANDMARK CONSULTING BRENCICK z '
* L007226 c�,
180-2/Mapping/RW Ded doc N� tPn112014
�OFCAL%*
EXHIBIT "C" - PLAT FOR PUBLIC STREET RIGHT-OF- WAY DEDICATION
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
LEGEND
P 0 B. INDICATES POINT OF BEGINNING
INDICATES PUBLIC STREET RIGHT-OF-WAY DEDICATION \
EXISTING RIGHT-
OF-WA Y LINE
L4
LOT 17 L3 P.O.B.
�o
EXISTING RIGHT-
OF-WAY LINE
1'
LOT
LOT 17
LINE DATA
NO BEARING DISTANCE
L1 N15'43'30"W 13.95' PORTION
L2 N50'43'30"W 18.25'
L3 N74'16'30"E 9 77' BLOCK 9
L4 N50'43'30"W 122'
I
LOT 16
BLOCK 9
MAP N0. 1859
APN: 256-012-18
SCALE. 1"= 10'
LAND SUNG L 0 T 15
N. BRF'`c Fo
_ L.S.7226
LNDMARK Exp.12/31/14
C O N S U L T I N G qlF OF CA��FO�
Planning Engineering Surveying
9555 Genesee Avenue,Suite 200 MARK A. BRENCICK, LS 7226
San Diego,CA 92121,(856)587-8070
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
enforce this offer of dedication against the Grantor.
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
enforce this offer of dedication against the Grantor.
-PURPOSE
CALIFORNIA ALL
{ CERTIFICATE OF ACKNOWLEDGMENT
State of California
i
County of Sp r1
On before me, Ay, ad o, L _ ` k T ' ,
\ (Here insert name and title of the offi er)
personally appeared
j
who proved to me on the basis of satisfactory evidence to the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to meta e 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.
AMANDA L.WLLER
WITNESS my hand and official seal. commission#2028954
Notary Public-calltorms
San Diego County
l My mm Fxpues Jun 14,2017
Signature of Notary Public V (Notary Sea "`•
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
I State of California
County of (�
1
On before me, (� vc, 0(,j
(Here insert name and title of the officer)
personally app
eared ��� �p Y (Yl l Y1 I
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.
AMANDA L.MILLER
WITNESS my hand and official seal. Commio:ion•2029VA
Notlny Po k-camomm
t So 011"o COL"
l (Notary Sea]) � � IM 14.2017
Signa e ofNotary Public
i
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
! DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
j (Title or desc iption of attached document)
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer) Please check the
(Title r description of attached do ent continued) document carefully for proper notarial wording and attach this form if required
• State and County information must be the State and County where the document
Number Of Pages Ta Document Date (C I signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
V " must also be the same date the acknowledgment is completed.
(Addition I information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma 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.
El
(s) he/she/they-is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible.
i Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
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ED • Signature of the notary public must match the signature on file with the office of
the county clerk. i
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
El Tr acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
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