2015-23198 DOC# 2015-0023198
Recording Requested B : I V�
g q y ) Jan 20, 2015 04:26 PM
0 ,. ) OFFICIAL RECORDS
City of Encinitas ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $2.00
When Recorded Mail to: ) PCOR: NIA
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 256-301-07 Case#: 14-030 CDP
Nathan Lars Henry as Trustee of the 442 Torrey Pines Trust dated February 10, 2006,
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, j
do(es) hereby grant, convey, and dedicate for valuable consideration to the City of
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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):
�1 -ms-7=�tq
Nathan Lars He ruste Date
The 442 Torrey Pin Tru
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments. j
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A1,11111E III IIIN IIII Lf PU1111130SE, ACICNOmfill,,,,1IIE lliwIlEI1119T CIVIL CODE § 1
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of r )
On _,c)° ,@_i �� � _.._.__._ before me, ... � �m ...
'Oate Here Insert Na'me and Titlof the Officer
personally appears .. .. .. .,
..... . ..... ... - ----
Nalr 5(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/shatl;ey executed the same in
his/h r/bok authorized capacity(ies),and that by his/hwA49if 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.
OFFICIAL SEAL WITNESS my hand and official seal.
STEVE COLLO ,o
c�+ � NOTARY PUBLIC•CALIFORNIA$
COMM.NO.2035950 ;7'
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SAN DIEGO COUNTY Signature q .. _. ;w ,„❑ _
MY COMM.EXP.AUG,5,2017 Signature of Notary Public
Place Notary Seal Above
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 a 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: Si g
_..___._...---.___........_.... ner s Name: ......._
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: . ... Signer Is Representing:g P g ..... .. ...
02014 National Notary Association •www.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 Council of the City of Encinitas adopted on November 9, 1994
and th%grail e co v er s to recordation thereof by its duly authorized officer.
4145......�.. ......... e.ewWW «,w.
. ..w... m .
Glenn Pruim Date
Director of Public Works
City of Encinitas
ACKNOWLEDGMEN
__ ........
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
y of that document.
validit . ---- ----------- .... ,.
State of California
County of San Diem m. )
On January 20, 2015 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.
AIAlt 1 tlA M' (jI11' O
WITNESS m hand and official seal. 5
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Comm a SAN MaE�t�auO a�i f)jj q y
9,20
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Signature (Seal)
.... , , �("
Document Prepared by
Bank of America,N.A.
Partial Release Department
AND WHEN RECORDED MAIL TO:
Document Recording Services
PO Box 3008
Tallahassee„ FL 32315-3008 °d
CONSEIN"'r TO EASEMENT
1001337-0000463423 7
1.888.670.0377
AL
- .,
This Consent to Easement (the "Consent') is made this day of •,
by and between Mortgage Electronic Registration Systems, Inc. whose address is T901 E Voorhees
Street, Suite C, Danville, IL 61834, PO Box 2026, Flint, MI 48501-2026, as nominee, for Countrywide
Bank, a Division of Treasury Bank, N.A., its successors and assigns (the "Beneficiary") and Nathan Lars
Henry, also known as Nathan Lars Henry as Trustee of the 442 Torrey Pines Trust dated February 10,
2006 (the "Owner").
WITNESSETH
WHEREAS, the Owner desires to grant unto the City of Encinitas, State of California ("Grantee")
an Easement For Public Street Right-of-Way (the "Easement") over/under/across (Owner's property
located in San Diego) County, state of California, (the "Property"). The Easement Agreement is attached
hereto as Exhibit"A" and is incorporated herein by this reference.
WHEREAS, the Owner granted a Deed of Trust to Beneficiary that encumbers the Property and
was recorded on January 7, 2005 as Instrument Number 2005-0020381 in the official records of San
Diego County, state of California.
WHEREAS, Owner has requested that the Beneficiary consent to Owner's grant of the
Easement.
NOW THEREFORE, in and for valuable consideration, the receipt of which is hereby
acknowledged, the Beneficiary consents to the Owner's grant of the Easement to Grantee and agrees
that the Deed of Trust is subject to such Easement; provided however, that nothing contained in this
provision shall operate to alter, change or modify the terms, provisions or conditions of the Deed of Trust,
or any instrument described or referred to therein, or to release or affect the validity or priority of the lien,
security interest and other rights of Beneficiary arising under or by virtue of the Deed of Trust. The lien,
security interest and other rights of the Beneficiary to the Property by virtue of the Deed of Trust shall not
be affected in any manner by the execution of this Consent other than to subordinate the lien to Grantee's
rights under the Easement such that in the event the Beneficiary forecloses its lien, Grantee's rights
under the Easement shall not be extinguished.
END of PAGE
C39126 ConsentToEsmtBene 17628 08/11/2014
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Witness the following signatures and seals:
Mortgage Electronic Registration Systems, Inc.
as nominee for Countrywide Bank, a Division of
re PDi k, N.A., its successors and
a
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Ja ola As e President
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WITNESS MY HAND AND OFFICIAL SEAL
State of Texas
County of Collin
Certificate of Acknowledgement
This instrument was acknowledged before me on 1 01 UISI (date) by James Di Paola,
Assistant Vice President of age Electronic Registration Sy terns, Inc., a Delaware corporation, on
behalf of said corpora . , no inee for Countrywide Bank, a Division of Treasury Bank, N.A., its
successors and assi s.
MARIA LUG®
Notary Public
Signature of Notary *®* STATE OF TEXAS
Notary �� My Comm.Exp.07-14-18
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF LOT 10 IN BLOCK "U" OF SEASIDE GARDENS ANNEX, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO.1801, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
OF SAN DIEGO, AUGUST 5, 1924, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID LOT 10, DISTANT THEREON
NORTH 19 057'30" WEST, 282 FEET FROM THE SOUTHWESTERLY CORNER THEREOF;
THENCE SOUTH 88 054' EAST, 165.75 FEET; THENCE SOUTH 600 27'10" EAST, 111.94 FEET,
MORE OR LESS, TO A POINT IN THE EASTERLY LINE OF SAID LOT, DISTANT THEREON
NORTH 20 015'40" EAST, 251.65 FEET FROM THE SOUHTESTERLY CORNER THEREOF;
THENCE NORTH 20 015'40" EAST, 163.67 FEET TO THE NORTHEASTERLY CORNER OF SAID
LOT; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT, 355.57 FEET TO
THE NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 19°57'30" EAST ALONG THE
WESTERLY LINE OF SAID LOT, A DISTANCE OF 104.67 FEET TO THE POINT OF BEGINNING.
APN: 256-301-07
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No.7655
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CALIF'
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EXHIBIT`B"
LEGAL DESCRIPTION
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
THAT PORTION OF LOT 10 IN BLOCK."U" OF SEASIDE GARDENS ANNEX, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP
THEREOF NO.1801,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 5, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 10, SAID POINT BEING ON
THE WESTERLY LINE OF ORPHEUS AVENUE HAVING A WIDTH OF 40.00 FEET; THENCE
SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 10, SOUTH 20 015'40" WEST 163.66
FEET TO THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO NATHAN
LARS HENRY RECORDED JANUARY, 7 2005 AS DOCUMENT NO. 2005-0020380 OF OFFICIAL
RECORDS; THENCE LEAVING SAID WESTERLY LINE OF ORPHEUS AVENUE ALONG THE
SOUTHERLY LINE OF HENRY'S LAND NORTH 60°27'10" WEST 7.15 TO A POINT DISTANT
7.00 FEET WESTERLY OF SAID WESTERLY LINE OF ORPHEUS AVENUE,MEASURED AT
RIGHT ANGLES; THENCE PARALLEL TO SAID WESTERLY LINE OF ORPHEUS AVENUE
NORTH 20 015'40" EAST 159.98 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT
10; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 89°28'30" EAST 7.50 FEET TO
THE POINT OF BEGINNING.
CONTAINS 1142 SQUARE FEET,MORE OR LESS.
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No.7655
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EXHIBI T C
EASEMENT FOR PUBLIC STREET RIGHT OF-WA Y
7' WIDE EASEMENT
FOR PUBLIC STREET RIGHT OF
WAY TO THE CITY OF ENCINITAS
20' GRANTED HEREON (1142 SF)
ORPHEUS AVENUE
210 -- N20'15'40"E 163.66' --
P.O.B. �\_ N20'15'40"E 159.98'
NOR THEASTERL Y �\ 7.00
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\CORNER LOT 10.
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NOTE H � SCH❑❑L ADMINISTRATI❑N \ < "
OF F CA�� CENTER AND CENTRAL
BOUNDARY DATA SHOWN HEREON PER DEED \
RECORDED JANUARY 7, 2005 AS DOCUMENT NO. ELEMENTARY S C H❑❑L
2005-002OJ80 OF OFFICIAL RECORDS \
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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.
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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.
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