2015-59356 DOC# 2015-0059356
` `' 1 111111 II IIII IIIII IIII 111111 IIIII IIIII IIIII IIII IIIII IIIII IIII III
Recording Requested By: ) Feb 10, 2015 04 59 PM
OFFICIAL RECORDS
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES $2.00
When Recorded Mail to ) PCOR. N/A
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
to FOR THE BENEFIT OF THE CITY
PUBLIC PEDESTRIAN ACCESS DRAINAGE AND GENERAL TI
U LITY EASEMENT
APN: 254-073-201/00CU'WENTARYTMNSfE TM$ 6 Project No. 14-153 CDP
I CS Cotes%deic, I " 12178-G
SURFSIDE PROJECTS HYGEIA, LLC. A CALIFORNIA 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, a Public Pedestrian Access,
Drainage, and General Utility Easement, subject to the terms and conditions set forth in
City of Encinitas Resolution 2009-61 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):
G) JZ-0
Steve Hoiles, Manager Date
Surfside Projects Hygeia, LLC
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
0
• ,f
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate
verifies only the identify of the Individual who signed the
STATE OF CALIFORNIA document to which this certificate Is attached,and not the
truthfulness,accuracy.or validity of that document.
Countyof San Diego
On February P2015 beforeme, Ash Nickle, Notary Public
Dale j� Here Insert Name and Title of the Officer
personally appeared 5 f_]r�tl y d o d e-5
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person('&)whose name(sr is/are subscribed to the
within instrument and acknowledged to me that he/shefthey
ASH NICKLE executed the same in his/h�heir authorized capacity(ies),
COMIC#2002830 and that by his/he#tkeir signature(s}vn the instrument the
(Q NOTARY PUBLIC-CALIFORNIA N person(e�, or the entity upon behalf of which the persorr(s)
SAN DIEGO COUNTY acted,executed the instrument.
MY COMM EXF JAN 3,2017
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 ' ial seal.
Signature
Place Notary Seal Above S gn r otary 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
•
El Trustee •
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other ❑ Other-
Signer Is Representing: Signer Is Representing:
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 ncil of the City of Encinitas adopted on November 9, 1994
and t>gr a co en to recordation thereof by its duly authorized officer.
Ir-IP13 JQ, Z 0/5-
Glenn Pruim Date
Director of Public Works
City of Encinitas
ACKNOWLEDGMENT
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 San Diego )
On February 10, 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.
., SAMANTHA MORROW
WITNESS my hand and official seal v WC0MMNWwE)qmMay9,201$NOT Commission No.2067618 0
NOTARY PUBLIC CALIFORNIA
SAN DIEGO COUNTY 2
1 J
Signature .l�vt/ (Seal)
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, G3 Investors, LLC. as Trustor, and Allstar Financial
Services. Inc. as Beneficiary, desire to have the Deed of Trust recorded in the office of the
County Recorder of San Diego County on March 14, 2014, as Document No. 2014-102436
of official records, subordinated to PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND
GENERAL UTILITY EASEMENT("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.
Allstar Financial Services, Inc.
Vvlz-u�Vxks\N�
Print Name Signature
tle 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 recordation of by its duly authorized officer
Glenn Pruim Date
Director of Public Works
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary Public or other officer completing this
STATE OF CALIFORNIA certificate verifies only the identity of the individual
who signed the document to which this certificate
County of %" otca, D is attached, and not the truthfulness, accuracy or
,! '/
validity oft t ocument
On 2'• LQ - 15 before me, G ri 1F- 44 1� L) t�-
Date 1 t Here Insert Name and TtIb of the Officer
personally appeared v�Lk
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),
ERIK ALFRED HABERSTROH and that by his/her/their signature(s) on the instrument the
Commission#2070693 person(s), or the entity upon behalf of which the person(s)
Z
-r Notary Public California z acted, executed the instrument.
= San Diego County I certify under PENALTY OF PERJURY under the laws of
My Comm. Expires Jun 7,2018 t the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal
Signature
Place Notary Seal Above Signature of otary ublic
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 El Attorney in Fact _
❑ Trustee
• .SIGNER ❑ Trustee •
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other, ❑ Other-
Signer Is Representing: Signer Is Representing:
ACKNOWLEDGMENT
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 San Diego )
On February 10, 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.
w SAMANTHA MORROW
WITNESS my hand and official seal Commission No.2067518 n
NOTARY PUBLIC CALIFORNIA 6;
SAN DIEGO COUNTY
Commission Expires May 9,2018
Signatur 7iCT (Seal)
EXHIBIT "A"
LOT 4 OF BLOCK C OF AVOCADO ACRES NO 2, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,ACCORDING THE MAP THEREOF NO 1802, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,AUGUST 6, 1924.
EXCEPTING THE SOUTHWESTERLY 65.00 FEET THEREOF.
LAMp
PAUL
a E. GOEBEL
I 115Lzm
LS 8486
PAUL E.GOEBEL, LS 8486 DATE
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�9c� � CA1-�F�\
EXHIBIT "B"
PEDESTRIAN AND GENERAL UTILITY EASEMENT
THE EASTERLY 5 FEET,AS MEASURED PERPENDICULAR TO THE EASTERLY LINE OF THE FOLLOWING
DESCRIBED PROPERTY:
LOT 4 OF BLOCK C OF AVOCADO ACRES NO. 2, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA,ACCORDING THE MAP THEREOF NO. 1802, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,AUGUST 6, 1924.
EXCEPTING THE SOUTHWESTERLY 65.00 FEET THEREOF.
PLAT EXHIBIT"C"ATTACHED HERETO AND MADE A PART HEREOF.
PAUL
E. GOEBEL
LS 8486
s Q-
1 Z is ZolLA CPa-�F \
PAUL E GOEBEL, LS 8486 DATE
EXHIBIT "C"
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NOTE. LEGEND:
BEARINGS AND DISTANCES SHOWN HATCH INDICATES PEDESTRIAN AND
HEREON ARE RECORD PER RECORD OF GENERAL UTILITY EASEMENT(335
SURVEY NUMBER 21801 SQUARE FEET+/-)
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VICINITY MAP (N T S )
PAUL
OS�P PvE � E. GO EL �
LS 8486 N
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PASCO LARET SUITER
gUR� S� A A330 ATES
PISN ` / 535 North Highway 101,Ste A,Solana Beach,CA 92075
ph 858.259.8212 1 8c 858-259-4812 1 plsaengineering.com
EXHIBIT "D"
Terms and Conditions for
Dedication of Public Pedestrian Access, Drainage, and General Utility Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of pedestrian access, drainage, and
general utility easement for 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 pedestrian access and use, for drainage, and for 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, 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.
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. The
termination and abandonment may be made by the Grantee
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication of pedestrian access, drainage, and general utility
easement.
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