2015-311550 DOC# 2015-0311550
111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording Requested By: ) Jun 16, 2015 04 04 PM
1 ) OFFICIAL RECORDS
` Ernest J Dronenburg, Jr,
City of Encinitas j SAN DIEGO COUNTY RECORDER
FEES $2.00
0��� When Recorded Mail to: ) PCOR N/A PAGES 10
City Clerk )
I t 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: 256-252-12 Bldg. Permit: 14-226
iOOUMENTHI MANMUft ,...g ..,,.._.
RANDY CASH MANNING, AN UNMARRIED MAN, 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)
Randy ash Konning, Owner Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
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 Cit Council of the City of Encinitas adopted on November 9, 1994
and th gr e c s nts to recordation thereof by its duly authorized officer.
T
Glenn Pruim, P.E. Date
Director of Engineering & Public Works
City of Encinitas
Consent of Lien Holder
Wells Fargo Bank, N.A. ("Lien Holder"), is the current holder of a Deed of Trust dated
April 51h, 2013 as recorded in Document No 2014-0230295 hereby consents to the grant
of the foregoing Public Street Right-Of-Way Easement by Randy Cash Manning to the
City of Encinitas, State of California and joins in the execution hereof solely as Lien
Holder and hereby does agree that in the event of the foreclosure of said mortgage, or
other sale of said property described in said mortgage under judicial or non-judicial
proceedings, the same shall be sold subject to said Public Street Right-Of-Way
Easement.
Except that the Lienholder, it's successors and its assigns, will not be bound by any
subordination language or agreements and any additional parties Attorneys Fees of the
Easement for Public Street Right-Of-Way Document in the event its Lienholder, its
successors and its assigns, becomes the property owner by virtue of foreclosure, deed
in lieu, or any other sale of said property
SIGNED AND EXECUTED this q day of March, 2015
Wells Fargo Bank, N.A.
By:
a a E Valentine, Vice President
STATE of Maryland
COUNTY of Frederick
BEFORE ME, the undersigned authority, on this day personally appeared Laura E
Valentine, Vice President, of Wells Fargo Bank, N.A. known to me to be the person and
Officer whose name is subscribed to the foregoing instrument and who acknowledged to
me that he/she executed the same for the purposes and consideration therein
expressed, in the capacity therein stated, as the act and deed of said Bank.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
d;otary f March, 2015
NOTARY <= P State of MaWlAnd
"^ 1203/2017
=�m� (''�;' My com ission expires `� ��
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTHWESTERLY 150 FEET OF LOT 3, BLOCK "C" OF SOUTH COAST PARK
ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1788, FILED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MARCH 29, 1924, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXCEPTING THEREFROM, THE SOUTHEASTERLY 180 FEET AND THE
NORTHEASTERLY 60 FEET THEREOF.
CONTAINS 10,800 SQUARE FEET MORE OR LESS.
cil
SEAN ENGLERT, P.L S. 7959 DATE
COASTAL LAND SOLUTIONS, INC —+
� x,5. 7959 �
�9'FOF
EXHIBIT "B"
LEGAL DESCRIPTION
THAT PORTION OF LOT 3, BLOCK "C" OF SOUTH COAST PARK ANNEX, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL MAP THEREOF NO. 1788, FILED IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER ON MARCH 29, 1924, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 3, THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 3,NORTH 74°16'30" EAST, 22.00
FEET TO THE POINT OF CUSP, BEING A 20.00 - FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; A RADIAL LINE FROM THE RADIUS POINT BEARING NORTH
15 043'30" WEST; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00",A
DISTANCE OF 31.42 FEET; THENCE ALONG A LINE PARALLEL WITH AND 2.00
FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3, SOUTH 15°43'30"
EAST, 100.00 FEET TO THE SOUTHERLY LINE OF THE NORTHWESTERLY 120.00'
OF SAID LOT 3; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 74'16'30" WEST,
2.00 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG
SAID WESTERLY LINE,NORTH 15°43'30" WEST, 120.00 FEET TO THE POINT OF
BEGINNING .
CONTAINS 326 SQUARE FEET MORE OR LESS.
D SU��
L
SEAN NGLERT, P.L.S. 7959 DATE J
COASTAL LAND SOLUTIONS, INC `n LS. 7959
9�OF CA\\F��
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N74 '16' 30"E 90.00 ' N
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® INDICATES PROPOSED STREET DEDICATION SCALE: 1 =30 '
AREA = 326 SQUARE FEET
LES
COASTAL LAND SOLUTIONS,INC. n
ts573 SECOND STREET Q (�, N L S. 7959
ENCINITAS, CA 92024
PH (760) 230-6025 SEAN ENGLERT DATE
FAX (760) 230-6026 L.S. 7959 ��OF CAL
CLS#1193
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
ALL—PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
3 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
SS �
County of Sa 0 C'C&O )
On (0— before me, 1 V-Y�0 , Notary Public,
DATE
personally appeared vtd" 111 ,who proved to me on the_.dj i
basis of satisfactory evidence to be the person(s) whose name(s) s/ re subscribed to the within Instrument
and ackno ledged to me that i /e he/they executed the
same n0her/their authorized capacity(Ies), and that
b his her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
ANGELA A. SIMON person(s) acted, executed the instrument. 3
Comm.$2009314 )
N "ormy�� FOORMU N I certify under PENALTY OF PERJURY under the )
Mr Con.ER► MAR.2,20iL laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
F1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS DATE OF DOCUMENT
OTHER.
OTHER
v
y
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT L
OF
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SIGNER -
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APA012015 NOTARI BONDS,SUPPLIESAND FORMS ATIITTP WWw\ALLEY-SIERRA.COM < '_005-2015VALLE�-SIERRA INSURANCE
CALIFORNIA ALL PURPOSE 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 before me, Samantha Morrow Notary Public,
"(Da e) (here 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. a,, NOTARY AMANTHA MORROW
Commission No 2067518
PUBLIC CALIFORNIA to
SAN DIEGO COUNTY
Commission Expires May 9,2018
Signature. (Seal)
OPTIONAL
I-
Description of Attached Document
Title or Type of Document: Number of Pages:
Document Date- Other-