2016-348124 r DOC# 2016-0348124
Recording Requested By:
a ( ) Jul 12, 2016 04:09 PM
^v�
City of Encinitas OFFICIAL RECORDS
n 1 y ) Ernest J. Dronenburg, Jr.,
lJ� ) SAN DIEGO COUNTY RECORDER
When Recorded Mail to: ) FEES PCOR: N//AO
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
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
APN: 258-273-10-00 Case #: 15-169 DR/CDP
Darrin Brown and Michele Brown, husband and wife as ioint tenants, 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.
GRANT
�'- 6 -/G
D rown, er Date
Michele Brown, 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 94-107 of the City Council of the City of Encinitas adopted on November 9,
1994 d gran nsents to recordation thereof by its duly authorized officer.
Xyay ] z /G
Glenn Pruim Date
Director of Public Works
City of Encinitas
EXHIBIT"A"
PROPERTY LEGAL DESCRIPTION:
THE NORTHERLY 'h OF LOT 6 IN BLOCK`Y"OF AVOCADO ACRES UNIT NO. 5, IN THE CITY OF ENCINITAS,COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 2130, FILED IN T14E OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY,SEPTEMBER 19,1928.
APN 258-273-10-00
1
EXHIBIT`B"
EASEMENT LEGAL DESCRIPTION:
THE WESTERLY 8 FEET OF THE NORTHERLY '/2 OF LOT 6 IN BLOCK "P' OF AVOCADO ACRES UNIT NO. 5, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 2130,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,SEPTEMBER 19,1928.
APN 258-273-10-00
aye°`� � ✓\
it EXP. I—Z,-
51
er LS 8i
2
SHEET l OF 1 SHa7 EXHIBIT "C"
PLAT OF EASEMENT
I NOTE BEARINGS AND DISTANCES S1iOW ON RRS
PLAT ARE BASED ON REGARD DATA PER SISDIYISI N MAP 2130,
AS SHONN ON RECORD OF SURVEY 21244, RECORDED. MAY 31, 2012
SCALE 1'= 30' AS DOCUMENT NO. 2012-0319478
LOT 5
W
N S 89'52'10" E
'�
o 145.95'
2
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Ix o
17
o
8' ROW EASEMENT
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N
n
n N 89'55'26" IN
0 8' 145.96'
LOT 6
BOUNDARY FOR THIS PLAT PER LEGAL DESCRIP710N FOR THE GRANT DEED TO PROPERTY
DOCUMENT 2014-0294819 REC JULY 15 2014 AS DESCRIBED PER EXHIBIT 'A' AND
EXHIBIT '80 AS SHOWN ON RECORD OF SURVEY 21244.
SAND �
2g��Rv A
LEGAL DESCRIPTION ±;1" CD
7HE NORM HALF OF LOT 6, tI j EXP. -3;H j
N BLK 'J' OF MAP NO. 2130 LS 8253
oa
LEGAL TORPE PROPERTY.n, PREPARED BY
AREA OF EASEMENT ®
DESQ4 7707 PER EJMIT Ag' GREGORY A CAUDIIL �S - 6253 DATE
LICENSE ENURES 12-31-15
G.A.C. ENGINEERING and LAND SURVEYING
41993 VIA RENATE.TEMECUU CA 92591
V.i 780.5944889 E.0,gceWill.gecQgmnil.com
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
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 �` l
County of ✓1 V121kCj ? SS.
6 --On ' b before me, ))) Q2�A Vcl . l IYl d h Notary Public,
DATE
personally appeared 1xr r i n -* A Gh e1e_ '6ro W y) who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to thew n instrument
and acknowledge me that he/she hey xecuted the
same in his/ eir thorized capacl y(ies), and that
by his/her heir ignature(s) on the instrument the
person(s), or the entity upon behalf of which the
A. l!I N persons) acted, executed the instrument.
COMM 2009314 'L
N @ANGELA
ND O PUB IPCALIFONNIA N
SAN DIEGO COUX"
My COYN.EAN.MAN.Z,2017 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.
ci
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
❑ SUBSCRIBING WITNESS DATE OF DOCUMENT
❑ OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT
OF
SIGNER
APA01:2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTPs/WWW.VALLEY-SIERRA.COM r.2005-2015VALLEY-SIERRA INSURANCE
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 S)O_v l b t 2ce ) j SS.
On 77— I I before me, f TI\Ov Q 6 - 'S;YYtOrl , Notary Public,
DATE.
personally appeared G1 e n n C U� ry-) who proved to me on the
basis of satisfactory evidence to be the persons) whose name(s is re subscribed the within instrument
and ac edged to me that�she/they executed the
same . hi er/their authorized capacity(ies), and that
by is er/their signature(s) on the instrument the
per on(s), or the entity upon behalf of which the
ANGELA 2 A. 9314 SIMON person(s) acted, executed the instrument.
CoMM.t 1009314 rn
N NOTARY PU&IFCALIPORNI
OM A N
SAN 0
MY CM.EIfiPMARUM1Y2017 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.
LI a
PLACE NOTARY SEAL IN ABOVE SPACE. VVVV 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
❑ SUBSCRIBING WITNESS DATE OF DOCUMENT
❑ OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT _
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT
OF
SIGNER
APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT IITTP;i WWW.VALLEY-SIERRA.COM E2005-2015 VALLEY-SIERRA INSURANCE
CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361 .7
1 /Z Vim / S
Place of Execution
I certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
Date Signa a of Declarant
Ty a or Print Name
4,94
Recorder Form #R9
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, Darrin Brown and Michele Brown, husband and wife
as joint tenants, as Trustor and Mortgage Electronic Registration Systems, Inc., as
nominee for Federal Home Loan Mortgage Corporation its successors and assigns. as
Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder
of San Diego County on July 15, 2014, as Document No. 2014-0294820 of official records,
subordinated to EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY, CITY OF
ENCINITAS ('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::/
Mac IYrF�� Q r
Print Name Signat re
Title Date
nog Moi�go.9t (<tGcfro»:C /(�.Sf,�Fioti
Z4,wl-2
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 rec a ion thereof by its duly authorized officer.
- 7 /6
Glenn Pruim Dat
Director of Public Works
City of Encinitas
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared AIAP, / rcF�i4�p
A y/0 of Mortgage Electronic Registration Systems, Inc., as nominee for Federal
Home Loan Mortgage Corporation, its successors and assigns, known to me to be the person
and officer whose name is subscribed to the foregoing instrument and who acknowledged to
me that he executed the same for the purposes and consideration therein expressed, in the
capacity therein stated, as the act and deed of said Mortgage Electronic Registration Systems,
Inc., as nominee for Federal Home Loan Mortgage Corporation, its successors and assigns.It
GIVEN UNDER MY HAND AND SEAL FFICE THIS� day of Jcine 2016.
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My commission expires: � 6
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