2015-487352 DOC# 2015-0487352
II I I II I IIII I I I II II I I II III IIIII II I II II II
Recording Requested By: ) Sep 15, 2015 03 37 PM
) OFFICIAL RECORDS
City of Encinitas ) Ernest J Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES. $000
When Recorded Mail to: )Q �/� PCOR. NIA
City Clerk ) PAGES 12
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT
C Assessor's Parcel No: 260-266-04v/ Case#: 15-120 PMW/CDP
James E. Lillie and Terri J. Lillie, Trustees of the Lillie Family Trust, as to one-half interest
and Kenneth C. Cooper and Linda Cooper, husband and wife, as to one-half interest,
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, a Public Pedestrian Access,
Drainage, and General Utility Easement, subject to the terms and conditions set forth in
City of Encinitas Resolution 2009-61 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):
1V1 ,ems
JaTJs E. Lillie, Owner Date erd J. Lilli O r Date(i LLCW.A. 3//,
Kenneth C. Cooper, Ow r Date Li da Cooper, Owner Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
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 ,L
On MP71A6 before me, ,S6t�x �U`C/ W dtit 4tary Public,
personally appeared jam&-< ��(, 7�y� �//, G , 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.
WI ES and o cial seal. STEPHANIE WHITTINGTON
Commission#E 2089892
i `�, Notary Public-California =
San Diego County '
Sig ure COMM.E ires Dec 11,2018
my
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
On sh WAD fg before me,, c4t 1jtV4�i o ry Public,
person lly appeared {.(�f 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.
STEPHANIE WHITTINGTON
?ESS m t o cial seal. Commission#t 2089892
Notary Public -California
San Diego County
M Comm.Ex gyres Dec 11,2018
��� -�y �Wf 1u
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 ouncil of the City of Encinitas adopted on November 9, 1994
and th gra e c se is to recordation thereof by its duly authorized officer.
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 September 15, 2015 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.2087518
WITNESS my hand and official seal PUBLIC CALIFORNIA
SAN DIEGO COUNTY 2
Commission Expires May 9,2018
Signatur — (Seal)
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded in the
office of the County Recorder of San Diego County on January 30, 2015, as Document
No. 2015-0043347 of official records, subordinated to PUBLIC PEDESTRIAN ACCESS,
DRAINAGE, AND GENERAL UTILITY EASEMENT ("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:
r
YYtL� &uze!/►'1 / U-s
Print Name for Signat e
San Diego County Credit Union
Vice- Phi d erL+
Title Date
Signature of Beneficiary to be notarized.
Attach the appropriate acknowledgments.
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 rec tion thereof by its duly authorized officer.
Glenn Pruim Date'
Director of Public Works
City of Encinitas
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
VI�� f'1�(
On ' 10'1 before 19010 a Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be ithe 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. RENEE M. FRANCO
Commission# 1996088
a Notary Public-California z San Diego County
Signatur ` My Comm.Expires Oct 29,2016
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 )
On before me, a Notary Public,
personally appeared , 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.
Signature
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 September 15, 2015 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
J Commission No.2061518
WITNESS my hand and official seal "oUaSANDIIEGCOCO COUNTY
commission Exp m Msy 9,2018
Signatu (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOT "D" IN BLOCK 76 Or CARDIFF VILLA TRACT, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, AUGUST 10, 1912.
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT
THE SOUTHWESTERLY 5.00 FEET OF LOT "D" IN BLOCK 76 OF CARDIFF
VILLA TRACT, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 10,
1912.
CONTAINS 300 SQUARE FEET MORE OR LESS.
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SEAN C. MGLERT, L.S. 7959 DATE
COASTAL LAND SOLUTIONS, INC. ~
.� LS. 7959 �x
�9�OF CAL\F���\Q
EXHIBIT
PLAT OF EASEMENT
SCALE: 1 " =30 '
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® 5.00' WIDE PUBLIC PEDESTRIAN ACCESS,
DRAINAGE AND GENERAL UTILITY
EASEMENT AREA = 300 S.F. LE
tsCOASTAL LAND SOLUTIONS, INC.
577 SECOND STREET e N L.S. 7959
ENCINITAS, CA 92024 8-13-2015
PH (760) 230-6025 SEAN C. ENGLERT DATE
FAX (760) 230-6026 L.S. 7959 q�F OF
CA
CLS#1283EST
EXHIBIT "D"
Terms and Conditions for
Dedication of Public Pedestrian Access, Drainage, and General Utility Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of pedestrian access, drainage, and
general utility easement for 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 pedestrian access and use, for drainage, and for 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, 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.
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. The
termination and abandonment may be made by the Grantee.
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication of pedestrian access, drainage, and general utility
easement.
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.