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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�� EXrIIBrr „pit I N FUL\/I A STREET /—P.0.B. Ln N74 '16' 30"E 90.00 ' N 22.0 ' 68. 00 ' N15 -43'30"W (R) R=20.00' +� L=31. 42 " N 2� 5 �E 25 l�� =90 '00'00" N74 '16'30"E (R) sC� z � z r� Q rn -Ln ,, n o A d —i W O 0 N. Off,p L @v �g ow OW 0 °L�O�MMV�W m�7 f LS �� LIVOa L/ 0 0 z ' c rn 88.00' N74 '16'30"E 90.00 ' p@[M. L04 0 � ® 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 L SIGNER - G F 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-