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2016-514579
DOC* 2016-0514579 1111111111111111111111111111111111111111111111 i l l l l l l i l l 1111111111111 l l Sep 27, 2016 04:06 PM Recording Requested By: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City of Encinitas ) FEES: $0.00 PCOR: N/A When Recorded Mail to: ) PAGES 11 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE 1 FOR THE BENEFIT OF THE CITY PUBLIC SEWER EASEMENT �\a APN: 259-261-36V/ Case #: 15-328 CDP Plan #: 12818-G/I DG Properties Fund LLC a California Limited Liability Company, 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 Sewer Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-54 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): -Z6 alzell, anager Date D Properties 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 C ouncil of the City of Encinitas adopted on November 9, 1994 and the gran e c e is to recordation thereof by its duly authorized officer. 7 9 - Z z - /6 Glenn Pruim Date Director of Public Works City of Encinitas SUBORDINATION AGREEMENT WHEREAS, those parties concerned, DG Properties Fund, LLC a California Limited Liability Company, as Trustor and WSR Properties, LLC. as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on October 6, 2015, as Document No. 2015-524108 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: �IM L 14M,E /G?!� Print Name for WSR roperties, LLC. Signature MANA(J> 9/a 16401 b 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 cons nts ecor ti n thereof by its duly authorized officer. Glenn Pruim Date Director of Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 -------------------- 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 O On 7"7 ZO( 4O before me,�QfhGt-'N-t 1 r `(��L(� I, 1� ✓�11 `^^� 'I G , Date Here Insert Name and Title of t ser personally appeared G �j lef)� rrl l ty') Name(s) of Signer(s) 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 hand and official seal. 0SAMANTHA MORROW p Commis No 2087518 0 /+ ',0 / NOTARY PUBLIC CALIFORNIA G; Signature I(,^10 BAN DIEGO COUNTY Comas"EXPM May 8,2018 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: f�b)1L �U/e-✓ FAyMeI(+ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: - Corporate Officer — Title(s): Corporate Officer — Title(s): - Partner — 1 Limited - General Partner — - Limited - General _. Individual C Attorney in Fact Individual -I Attorney in Fact -Trustee r Guardian or Conservator -Trustee 7 Guardian or Conservator Other: - Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT A SHEET 1 OF 3 DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 11822, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF SAID SAN DIEGO COUNTY RECORDER, ON NOVEMBER 25, 1981. C. LS 5211 4F cp1� � PASCO LARET SUITER 535 Nonh Highway 101,Ste A,Solana Beach,CA 92075 ph 858.259.8212 fx 858-259-4812 1 plsaengineering.com PLSA 2433 EXHIBIT " B " SHEET 2 OF 3 DESCRIPTION AN EASEMENT FOR PUBLIC SEWER PURPOSES OVER, UNDER, ALONG AND ACROSS THE SOUTHERLY 20.00 FEET OF PARCEL 1 OF PARCEL MAP NO. 11822, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. CONTAINS 3,558 SQUARE FEET. EXHIBIT 'C" ATTACHED HERETO AND MADE A PART HEREOF. fin LS 5211 ,t CA�'� PASCO LARET SUITER 535 North Highway 101,Ste A,Solana Beach,CA 92075 ph 858.259.8212 fx 858-259-0812 1 plsaengineeringicom PLSA 2433 EXHIBIT "C 1 J SHEET 3 OF 3 PLAT LOT 3 BLOCK H MAP 2136 N 8842'40" W 177,61' �Tp OI �� z PARCEL 1 PER MAP 11822 Lu O N S 0 AREA OF PROPOSED �Z PUBLIC SEWER EASEMENT 28' PARCEL 2 PER N 883748" W 17794' MAP 11822 I WITCHED AREA REPRESENTS PROPOSED PUBLIC SEWER EASEMENT 3,558 SQUARE FEET C. lA� Sfj LS 5211 it OF CA�`F°t PASCO LARET SUITER SC4' �° <f: G 535 North Highway 101,Ste A,Solana Beach,CA 92075 ph 858159.8212 1 tk 858-2594812 1 plsaengineering.com PLSA 2433 EXHIBIT "D" Terms and Conditions for Dedication of Public Sewer Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public sewer 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 the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, for ingress and egress for public sewer maintenance and repair, 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 sewer lines 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 more particularly described in the document dedicating or offering to dedicate the sewer easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. 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; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the described works of improvement. 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 or offer of dedication of sewer 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. ALL PURPOSE ACKNOWLEDGMENT A notary public officer 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 valid- of that document State of California )SS County of san 0)P�O )SS On I b before me, J(4 h e. L . W) M—P—t i 1n71 Ccm, (here insert name and t tle of the icer) personally appeared, KcVlh Pah-&I( Dhd,- Ti �-j t-1 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 is true and correct. WITNESS my hand and official seal ARM L.WOOD Notary POW•Cwftrnts Son Dbpo County Commission•2114778 Signat W My Comm.Expires Mar 30.2020 (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Cali rnia ) County of ) // On CT�.2420 1(o before me 6f/lf to b�� G Date (� Here Insert Name and Title oahe Officer /� personally appeared ` ko n PI�LLI m Name(s) of Signer(s) 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 WITNESS m and and official seal. y Q Commission No 2067518 Q NOTARY PUBLIC,CALIFORNIA F - SAN DIEGO COUNTY Signature l Commission Expires May 9,2018 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document d Title or Type of Document: �6ny-6 rNA7/r1Yt/T Document Date: Number of Pages: Signer(s) Other Tha Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: - Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): Partner — ❑ Limited General Partner — ❑ Limited General Individual '_1 Attorney in Fact ❑ Individual ❑ Attorney in Fact Trustee 11 Guardian or Conservator ❑Trustee ❑ Guardian or Conservator Other: - Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907