2015-326341 DOC# 2015-0326341
111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording Requested By: ) Jun 23, 2015 04 02 PM
OFFICIAL RECORDS
City of Encinitas ) Ernest J Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
�1 FEES $2.00
When Recorded Mail to ) PCOR. N/A
City Clerk ) PAGES 13
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
L� EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 256-081-33 Case #- 14-037 MUP
Building Permit: 15-885
ROBERTO VIGILUCCI Trustee of the Roberto Vigilucci 2000 Trust, 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-
4E EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF
G OR(S
R613 GILUCCI, Trustee 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 City Council of the City of Encinitas adopted on November 9, 1994
and the gra a co is to recordation thereof by its duly authorized officer
11 6Z/j
Glenn Pruim Date
Director of Public Works
City of Encinitas
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, Roberto Vigilucci, Trustee of the Roberto Vigilucci
2000 Trust as Trustor and Wells Fargo Bank NA as Beneficiary, desire to have the Deed
of Trust recorded in the office of the County Recorder of San Diego County on
January 18, 2007, as Document No. 2007-0037609 of official 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:
,5uf All A f t,u,
Print Name For Wells Fargo Bank NA gnat e
41LIAry- Al"kA-r-
Title 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 t ecor n thereof by its duly authorized officer.
Glenn Pruim Date
Director of Public Works
City of Encinitas
('Ai IFORNiA NOTARY ACKNOWf F,D(iMF,NT
For An individual Acting in His/Her Own Right•
A notary public or other officer completing this
certificate verifies only the identity of the individual who
swmed the document to which this certificate is attached,
and not the truthltilness, accuracy, or validity of that
document
State of California )
ss.
Couniv of 5hi DJ-t-G o )
On �" ��— � efore me Ut COVX Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)is/are subscribed to the
within nnsirumcnt and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(,es),and that by his/her/their signat u•c(s)on the instrument the person(s),or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PUNALTY OF PFR.iIJRY under the laws of the State of California that the ibregoing paragraph is
true and correct
WiTNI'SS my hand and otfc,al seal a
ignatr r
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COMM #2064870 n Print Name
NOTARY PUBLIC-CALIFORNIA a
SAN DIEGO COUNTY r
' My Commission Expires 04118/20103
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My commission expires.
HF1,0850CA(i/1 s)
GOVERNMENT CODE 27361 .7
1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: G
Commission Number: ����� Date Commission Expires:
County where Bond is Filed:
Manufacturer / Vendor Number:
Place of Execution:
i n a r •
S to e.g
4/94
Rec. Form IR10
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 (o�/7/201 S before me, Samantha Morrow, Notary Public
-r—T
(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
Commission No.2087519
WITNESS m hand and official seal NOTARY PUBLIC CALIFORNIA to
y SAN DIEGO COUNTY
Commisgon Expires M 9.2019
Signature Vffyw (Seal)
. f ,
EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF LOTS 1 AND 2, TOGETHER WITH THAT PORTION OF LOT 8 IN BLOCK
"C" OF SOUTH COAST PARK NO. 3, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF
NO, 1935, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON AUGUST 17, 1926, THAT PORTION OF SAID LOT 8 BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 8; THENCE
ALONG THE SOUTHERLY LINE OF SAID LOT 8,NORTH 89 000'30" WEST, 40.23
FEET, THENCE NORTH 28°33'30" WEST, 63.87 FEET TO A POINT ON THE
SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID
LOT 2; THENCE ALONG SAID PROLONGATION, NORTH 61'26'30" EAST, 35.00
FEET TO THE NORTHEASTERLY LINE OF SAID LOT 8; THENCE ALONG SAID
NORTHEASTERLY LINE SOUTH 28 033'30" EAST, 83.71 FEET TO THE POINT OF
BEGINNING.
CONTAINS 11,757 SQUARE FEET MORE OR LESS
c jm_
SEAN C" P.L.S. 7959 DATE
COASTAL LAND SOLUTIONS, INC LS. 7959
�9��F CAUF�4�`Q
EXHIBIT "B"
LEGAL DESCRIPTION
THAT PORTION OF LOT 1, BLOCK "C" OF SOUTH COAST PARK NO. 3, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL MAP THEREOF NO. 1935, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 17, 1926, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1, THENCE
ALONG THE SOUTHERLY LINE OF SAID LOT 1, AS SHOWN ON PARCEL MAP
NO. 17439, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON OCTOBER 28, 1994, SOUTH 88°20'48" EAST, 97.90 FEET TO THE
TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE INTERSECTION
OF SAID SOUTHERLY LINE AND THE SOUTHWESTERLY RIGHT-OF-WAY LINE
OF NORTH COAST HIGHWAY 101 AS SHOWN ON SAID PARCEL MAP NO 17439;
THENCE ALONG SAID SOUTHERLY LINE, NORTH 88 020'48" WEST, 34.35 FEET
TO A POINT OF CUSP, BEING A 20.00-FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY THENCE EASTERLY AND NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 119 034'27", A
DISTANCE OF 41.74 FEET TO A POINT ON SAID SOUTHWESTERLY RIGHT-OF-
WAY LINE, SAID POINT ALSO BEING A POINT OF CUSP WITH SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE, THENCE ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE, SOUTH 27°55'15"EAST, 34.35 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINS 270 SQUARE FEET MORE OR LESS.
ji4*1 OA&�-
�a���LpND SUgG�y
SEAN C. EAaERT, P.L.S. 7959 DATE LS. 7959
COASTAL LAND SOLUTIONS, INC `�q�QFCA``�a4�`Q
SCALE: I " =30 ' EXHIBIT "C"
OD@M@H
N27*48'02"W 63.87' L@v
UD@Xn@H
LOCT
A/
lz
W POB (EXHIBITI -A")
%- POC (EXHIBITS "B")I
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L@v T I L@v 2
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L=41 74'
A=119*34'27"
40 R=20 00
[N27-55'15"W 131.94']
OB (EXHIBIT -B")
---------------L---------
NORTH COAST HI&HAA*,r 101
NOTE:
POB POINT OF BEGINNING BEARINGS AND DISTANCES
POC POINT OF COMMENCEMENT DEPICTED HEREON ARE BASED
TPOB TRUE POINT OF BEGINNING UPON RECORD INFORMATION
INDICATES RECORD DATA PER P.M. NO. 17439. PER P.M. NO 17439 AND NOT
INDICATES PROPOSED STREET DEDICATION THE RESULT OF AN EVIDENCE
AREA = 270 SQUARE FEET BASED BOUNDARY SURVEY.
►00
L E--SS
COASTAL LAND SOLUTIONS, INC.
t"S577 SECOND STREET L.S. 7959
ENCINITAS, CA 92024 10
PH (760) 230-6025 SEAN C LERT D'AT
FAX (760) 230-6026 L. . 765V CAS
CLS#1182DED
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
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 (ph5 before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared &&fto C I c
who proved to me on the basis of satis ctory 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.
91 SAMANTHA MORROW
Coffonk6 n No.2067516
WITNESS my hand and official seal NOTARY PUBLIC•CALIFORNIA
SAN DIEGO COUNTY
Comews w Expires Mly 6,2016
Signatu a (Seal)
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,
(Date) (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 i
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.
SAMANTHA MORROW
Comma No 2087518
NOTARY PUBLIC CALIFORNIA
SAN DIEGO
Commission Ezpwas May 9.2018
Sl atureS-' (Seal)
OPTIONAL
Description of Attached Document
Title or Type of Document: Number of Pages:
Document Date- Other-