2015-487399 DOC# 2015-0487399
II I I II II I II IIII III II I IIII II (IIII II I II I IIII II
Recording Requested By: ) Sep 15, 2015 03 44 PM
/ OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
City of Encinitas )l G I/ SAN DIEGO COUNTY RECORDER
FEES $000
When Recorded Mail to: PCOR. N/A
�AM PAGES 12
City Clerk )O
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
\� Assessor's Parcel No: 254-112-84 J Case #: 14-261 CDP
DOCUMMARYMNSFfRTU($
VINCENT J. MARRERO AND DONNA M. MARRERO, HUSBAND AND WIFE AS
COMMUNITY PROPERTY WITH RIGHT TO SURVIVORSHIP, 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
GRAN TO (S):
� � g /3 1<s-
Vincent J. Marrero, Owner Date
. 8 � 3 ► �I s-
'Donna M Marrero, 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 City Council of the City of Encinitas adopted on November 9, 1994
and the n co is to recordation thereof by its duly authorized officer
/�i--�� 3/ 2—,?
Glenn Pruim Date
Director of Public Works
City of Encinitas
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, VINCENT JOSEPH MARRERO AND DONNA
MARIE MARRERO, as Trustor and MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR LOANDEPOT.COM, LLC as Beneficiary, desire to
have the Deed of Trust recorded in the office of the County Recorder of San Diego
County on JULY 3, 2014, as Document No. 2014-0278300 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-
Print Name %144 - Signature
Mortgage Electronic Registration Systems, Inc z
As nominee fo LoanDepot.com LLC
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 to recor i n thereof by its duly authorized officer.
Glenn Pruim Date
Director of Public Works
City of Encinitas
Exhibit"A"
Legal Description
A.F.N.: 254-112-84
Real property In the City of Encinitas, County of San Diego, State of California, described as follows:
PORTIONS OF BLOCK 37 AND 38 OF NORTH LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888,TOGETHER WITH THE ADJACENT
STREETS VACATED AND CLOSED TO PUBLIC USE ON NOVEMBER 19, 1915 BY RESOLUTION OF THE
BOARD OF SUPERVISORS OF SAID SAN DIEGO COUNTY RECORDED IN BOOK 37, PAGE 56 OF
SUPERVISORS RECORDS, ALL AS SHOWN ON RECORD OF SURVEY NO. 13625 RECORDED JANUARY 30,
1992 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 5427 AS SHOWN ON
SAID RECORD OF SURVEY NO. 13625; THENCE NORTH 80 DEGREES 37 MINUTES 27 SECONDS EAST
ALONG THE SOUTHERLY LINE OF SAID PARCEL MAP NO. 5427, 200.00 FEET;THENCE SOUTH 13
DEGREES 48 MINUTES 37 SECONDS EAST 80.22 FEET, THENCE NORTH 85 DEGREES 18 MINUTES 47
SECONDS EAST 19.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 85
DEGREES 18 MINUTES 47 SECONDS EAST 218.45 FEET TO THE CENTER LINE OF HYMETTUS AVENUE;
THENCE ALONG THE CENTERLINE OF HYMETTUS AVENUE SOUTH 3 DEGREES 27 MINUTES 30
SECONDS EAST 102.94 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL MAP NO. 14336,
RECORDED JUNE 6,1986 IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY; THENCE NORTH
89 DEGREES 22 MINUTES 59 SECONDS WEST ALONG SAID NORTHERLY LINE 224.83 FEET; THENCE
NORTH 0 DEGREES 37 MINUTES 01 SECONDS EAST 82.49 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT "B"
LEGAL DESCRIPTION
THE EASTERLY 27 FEET OF THOSE PORTIONS OF BLOCK 37 AND 38 OF
NORTH LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6,
1888, TOGETHER WITH THE ADJACENT STREETS VACATED AND CLOSED TO
PUBLIC USE ON NOVEMBER 19, 1915 BY RESOLUTION OF THE BOARD OF
SUPERVISORS OF SAID SAN DIEGO COUNTY RECORDED IN BOOK 37, PAGE
56 OF SUPERVISORS RECORDS, ALL AS SHOWN ON RECORD OF SURVEY NO.
13625 RECORDED JANUARY 30, 1992 IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF PARCEL MAP
NO. 5427 AS SHOWN ON SAID RECORD OF SURVEY NO. 13625; THENCE
NORTH 80 DEGREES 37 MINUTES 27 SECONDS EAST ALONG THE SOUTHERLY
LINE OF SAID PARCEL MAP NO. 5427, 200.00 FEET; THENCE SOUTH 13
DEGREES 48 MINUTES 37 SECONDS EAST 80.22 FEET; THENCE NORTH 85
DEGRESS 18 MINUTES 47 SECONDS EAST 19.95 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 85 DEGREES 18 MINUTES 47
SECONDS EAST 218.45 FEET TO THE CENTER LINE OF HYMETTUS AVENUE;
THENCE ALONG THE CENTERLINE OF HYMETTUS AVENUE SOUTH 3
DEGREES 27 MINUTES 30 SECONDS EAST 102.94 FEET TO A POINT ON THE
NORTHERLY LINE OF PARCEL MAP NO. 14336, RECORDED JUNE 6, 1986 IN
THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 89
DEGREES 22 MINUTES 59 SECONDS WEST ALONG SAID NORTHERLY LINE
224.83 FEET; THENCE NORTH 0 DEGREES 37 MINUTES 01 SECONDS EAST 82.49
FEET TO THE TRUE POINT OF BEGINNING.
AN, LAND S
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SEAN C. EtkLERT, L.S. 7959 DATE z rn
COASTAL LAND SOLUTIONS, INC. c"5i m
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® INDICATES PROPOSED
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AREA = 2, 746 SQUARE FEET
SCALE: 1 " =50 '
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SECOND CA 92024 l f N L.S. 7959
FAX (760)22300-60026 ESN C. GLERT DATE sjq� �
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CLS#1251
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
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
COUNTY OF
Oil U /` 20k� , before me, /� VGm �/ L Not y Public,
persona y appeared
11 A 11Y) iuj / lr��i�
A,VAe to nle on the basis of sa 'factory evidence to be the FOR NOTARY SEAL OR STAMP ,
person whose nallIA is/ace subscribed to the within instrument
and acknowledged to me executed the same in
(D/I?o4+4vii authorized capacityEid , and that b h' n .A t(AMN//r,
Slglla(tll'C40)-011 the WS1R1111CI11 the pel'soll/, or the entity tl1)011 \ , °°°O°°O°• '7
Q. •°GOfllfil/$SAO•°Q
behalf of which the person(s) acted, executed the instrument 03.2320
CO
I certify under PENALTY OF PERJURY under the laws of the
State 0 a�lill foregoing paragraph is true and correct.
e
,00le All r Le
WITNESS 1 ly hand,f d official ea %
?3� • •• •220•6•••°
IV
Signature �G! � EW
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 } ss
COUNTY OF
On before me, Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the FOR NOTARY SEAL OR STAMP
person(s) whose name(s) Ware subscribed to the within instrument
and acknowledged to nle 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 insU11111Cnt
I certify under PENALTY OF PERJURY under the lanes of the
State of California that the foregoing paragraph is (rue and correct
WITNESS my hand and official seal
Signature
7�m —15 /2%a/ 4&620 Notaryak
ALL-PURPOSE ACKNOWLEDGMENT
Frtpublic or other officer completing this
e verifies only the identity of the individual )
ed the document to whic h this Certificate is, and not the truthfulness, accuracy, or )
validity of that document. )
State of California )
County of an D1 echo SS �
On —3` '� , , before me, P�nuj S, MC n ,Notary Public,
DATE )
)
personally appeared y i Y)Ceyyi- 71 A n nc.A /w,rre,r-6 ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to the
;Ain instrument
and acknowledgeme that he/she/t ey, xecuted the )
same in his/�;"
eir uthorized capaci y(ies), and that )
by his/her/ signature(s) on the instrument the )
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A. SIMON
U) NOco PU9u200931 NIA N I certify under PENALTY OF PERJURY under the
SAN DIEGO COUNTY laws of the State of California that the foregoing
MY Caw.Exa Maw.2,20» paragraph is true and correct. g g
) )
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
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(S)
)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
l ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT
{ � OTHER.
)ill
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITYUES) THUMBPRINT
OF E
s
SIGNER o
a
0
F-
APA 0l/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://W W W VALLEY-SIERRA.COM 0 2005-2015 VALLEY-SIERRA INSURANCE
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 )
OnaG(, USf ?/, 201S- 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
Commission No.2067516
WITNESS my hand and official seal NOTARY PUBLIC CALIFORNIA
SAN DIEGO COUNTY 2
Commission Exprea Mey 9,2016
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 ". ujl 319 oZOI S 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.
QSAMANTHA MORROW
• Commission No 2067516
WITNESS my hand and official seal NOTAR'/PUKIC CALIFORNIA
( ,"N')IEGO COUNTY
ff commission on Expires May 9,2016
Signature (Seal)