2015-354711 DOC# 2015-0354711
Illlll IIIII IIIII IIIII IIII Illlll IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording Requested By: ) Jul 07, 2015 04 16 PM
OFFICIAL RECORDS
City of Encinitas ) Ernest J Dronenburg, Jr,
I (� y SAN DIEGO COUNTY RECORDER
FEES $000
When Recorded Mail to ) PCOR. N!A
PAGES 12
City Clerk )
City of Encinitas )
a�\ 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- 259-271-19, Building Permit: 15-301
C
DIMUMENTARY TRANSFER TAX
CARY Z. JOEL AN UNMARRIED WOMAN, 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):
CARY Z JOE caner DA
Signature of"GRANTOR(S)"to be notarized
Attach the appropriate acknowledgments.
t
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 SZ2Wz olS- before me, Samantha Morrow, Notary Public
—T (insert name and title of the officer)
personally appeared 1,G1 / Z • jaw
who proved to me on the ba s 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
Commission No.2067518 0
PUBLIC
WITNESS my hand and official seal V NOTARY
SAN DIEGO COUNTYNIA H
Cownsion Expires May 9,2018 J
Signature � � (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THE SOUTH HALF OF LOT 15 IN BLOCK M OF AVOCADO ACRES NO 7, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 2138, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 7, 1928
EXHIBIT "B"
RIGHT-OF-WAY DEDICATION LEGAL DESCRIPTION
THE EASTERLY 8 00 FEET OF THE SOUTH HALF OF LOT 15, IN BLOCK M, OF AVOCADO ACRES
NO 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 2138, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMBER 7, 1928
\oNP`LANpsG9G�
JAKE D. o�
a LOGAN
No.9042
OF(; CFO
EXHIBIT "C"
i
4 LOT� BOOT 941
�
20 20'
S 89'27'52" E 145.85'
0 NORTH HALF OF L004 950 0
LO
N BLOCK Goo MAP 2136 LO
to
0
to 00 w
o
Lci N N
N .-
w S 89'27'52" E 145.85' w 0
cc)o 00
O
j Q
L0
o I'1 / o O
Z
Z � 'U) SOUTH HALF OF LOT 15, i°l Q
BLOCK M, MAP 2138 "14
8.00'---j
S 89'27'52" E 145.85'
I '
LOT 5 I LOOT 96
I
SAND
D to GF.4
cv 2 0
L . 9042 NOTE:
71 AREA DESCRIBED
9�F OF C IN EXHIBIT "A"
�t
RANCHO COASTAL
ENGINEERING & SURVEYING N
SINGLE SOURCE DEVELOPMENT CONSULTANT 30 15 0 30 60
310 S. TWIN OAKS VALLEY RD., #107-297
SAN MARCOS, CA. 92078 SCALE IN FEET
(760) 510-3152 Ph / (760) 510-3153 Fax SCALE: 1" = 30'
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
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 co a is to recordation thereof by its duly authorized officer
` 71?-
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 7"�' ���.� before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared A6 n Pow- ')
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 j - CoYPUB C 20FOR
v NOTARY PUBLIC CALIFORNIA
SAN DIEGO COUNTY
Commission Expires May 9,2018
Signatur&"WAi)k-ff Y luw (Seal)
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, 614g� Z, 'tpGL as
Trustor and ?F-QV tDL NT 7z nlbLt46 as Beneficiary, desire to have the
Deed of Trust recorded in the office of the County RecQrder of San Diego County on
01-x4-aoI , as Document No.2012 "Mofficial 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
14q,� t,ezn W11) 5 Signature area M C��I�.nS
C
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 r cordati thereof by its duly authorized officer.
Glenn Pruim Date
Director of Public Works
City of Encinitas
I
}
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 Sonoma
On June 26, 2015 before me, S. Contreras, Notary Public
(insert name and title of the officer)
personally appeared Karen Corkins
who proved to me on the basis of satisfactory evidence to be the personN whose name( is/ark
subscribed to the within instrument and acknowledged to me that 1,�/she/thqy executed the same in
hWher/th)*authorized capacity(tesq, and that by hl*her/th4*signature(§j on the instrument the
personK or the entity upon behalf of which the person(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.
1.CONTRERAS
WITNESS my hand and official seal. COMM#2015910
Z SONOMA COUNTY
Q NOTARY PUBLIC-CALIFORNIA Z
Q MY COMMISSION EXPIRES -'
_ APR.06, 2017
Signature (Seal)
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 7-02".26 tt� before me, Samantha Morrow, Notary Public
/ (insert name and title of the officer)
personally appeared G lain Pr iw ty)
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. 2
# SAMANTHA MORROW
Commission No.2057518 0
NOTARY PUBLIC CALIFORNIA y
WITNESS my hand and official seal } C«n� °E*m May COUNTY
Signature (Seal)