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2017-63331 s ' DOC# 2017-0063331 hQ Illllllllllllllllllllllllillllllllllilllllllllllllllllllllllllllllllll Recording Requested By: ) Feb 07, 2017 03:55 PM OFFICIAL RECORDS City of Encinitas ) Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 When Recorded Mail to: ) PCOR: N/A City Clerk ) PAGES. 12 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY � EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 254-164-11 ✓ Building Permit: 16-991 & 16-99 TAJ J. CAPRI, A SINGLE MAN, hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, do(es) hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, an Easement for Public Street Right-of-Way, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-52 adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part hereof, the real property described as follows: SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR(S): Taj J. Capri, wn r Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resol i n 94-107 of the City Council of the City of Encinitas adopted on November 9, 199 th r ee onsents to recordation thereof by its duly aut orized officer. Paul Malone Date Interim Director of Public Works City of Encinitas ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this Certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ov\ Diego SS. On 1$_20 i b , before me, f41/� ,7� 677 , Notary Public, DATE personally appeared C r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s�S)ged re subscribed,j�QQthe within instrument and ac ly to me thatJhe9she/they executed the same n 1 er/their authoriz capacity(ies), and that by her/their signature(s) on the instrument the pers ri or the entity upon behalf of which the person(s) acted, executed the instrument. ANGELA A. On N Comm.i 2009314 '^ I certify under PENALTY OF PERJURY under the NOTARY PUBLIC CALIFORNIA N SAN DIEGO COUNTY laws of the State of California that the foregoing A N.2'2011 paragraph is true and correct. WITNESS my hand and official seal. oL_ G. PLACE NOTARY SEAL IN ABOVE SPACE OTARY 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) -I'I'1'LE(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 = AEA012015 NOTARYBONDS.SUPPLIES AND FORMS AT I ITTP:r:WWW.VALLEY-SIERPA.COM C 2005-2015 VALLEY-SIERRA INSURANCE 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 C f°�nia ) County of drt VIW On 2 before me l l VV o] 04/1-c, Date � � �nJ Q Here Insert Name and Title of th Officer personally appeared payi 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 my hand and official seal. O RROW Commission No 2057518 Signatur � �/YrUw @;�,, SAM�ANTHA NOTARY PUBLIC-CALIFORNIA H SAN DIEGO COUNTY v Signature of Notary Public Comrtnssion ) Ems Mal'9.2018 £ 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: 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 — ❑ Limited General ❑ Partner — ❑ Limited - General - Individual -Attorney in Fact Individual —1 Attorney in Fact ❑ Trustee ❑ 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 EXHIBIT "A" LEGAL DESCRIPTION THE EASTERLY 72 FEET OF THAT PORTION OF LOT 22 OF CREST ACRES IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 1927, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID LOT 22, DISTANT THEREON SOUTH 15°31'30" WEST 106.68 FEET FROM THE NORTHWEST CORNER OF SAID LOT, SAID POINT BEING THE SOUTHWEST CORNER OF LAND CONVEYED TO THEODORE C. HOFER ET UX BY DEED DATED NOVEMBER 8, 1951 AND RECORDED IN BOOK 4317, PAGE 116 OR OFFICIAL RECORDS; THENCE SOUTH 15°31'30" WEST ALONG SAID WESTERLY LINE 10.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 84 008'30" EAST PARALLEL WITH AND 10 FEET SOUTHERLY FROM THE SOUTHERLY LINE OF SAID HOFER'S TO AN INTERSECTION WITH NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LAND CONVEYED TO THEODORE HOFER ET UX BY DEED DATED NOVEMBER 6, 1952 AND RECORDED IN BOOK 4662, PAGE 502 OF OFFICIAL RECORDS; THENCE SOUTH 05 051'30" EAST ALONG SAID PROLONGATION AND ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID LOT 22; THENCE ALONG THE SOUTHERLY AND WESTERLY BOUNDARY OF SAID LOTS NORTH 87°13' WEST TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CONCAVE CURVE NORTHEASTERLY IN SAID BOUNDARY THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102 044'34" A DISTANCE OF 89.66 FEET; THENCE TANGENT TO SAID CURVE NORTH 15 031'30" EAST 66.34 FEET TO THE TRUE POINT OF BEGINNING. DWR SEAN C. MGLERT, L.S. 7959 DATE * LS. 7959 COASTAL LAND SOLUTIONS �OF CAUF�� EXHIBIT "B" LEGAL DESCRIPTION THE SOUTHERLY 5 FEET OF THE EASTERLY 72 FEET OF THAT PORTION OF LOT 22 OF CREST ACRES IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 1927, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID LOT 22, DISTANT THEREON SOUTH 15°31'30" WEST 106.68 FEET FROM THE NORTHWEST CORNER OF SAID LOT, SAID POINT BEING THE SOUTHWEST CORNER OF LAND CONVEYED TO THEODORE C. HOFER ET UX BY DEED DATED NOVEMBER 8, 1951 AND RECORDED IN BOOK 4317, PAGE 116 OR OFFICIAL RECORDS; THENCE SOUTH 15°31'30" WEST ALONG SAID WESTERLY LINE 10.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 84 008'30" EAST PARALLEL WITH AND 10 FEET SOUTHERLY FROM THE SOUTHERLY LINE OF SAID HOFER'S TO AN INTERSECTION WITH NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LAND CONVEYED TO THEODORE HOFER ET UX BY DEED DATED NOVEMBER 6, 1952 AND RECORDED IN BOOK 4662, PAGE 502 OF OFFICIAL RECORDS; THENCE SOUTH 05°51'30" EAST ALONG SAID PROLONGATION AND ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID LOT 22; THENCE ALONG THE SOUTHERLY AND WESTERLY BOUNDARY OF SAID LOTS NORTH 87°13' WEST TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CONCAVE CURVE NORTHEASTERLY IN SAID BOUNDARY THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102 044'34" A DISTANCE OF 89.66 FEET; THENCE TANGENT TO SAID CURVE NORTH 15°31'30" EAST 66.34 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 364 SQUARE FEET MORE OR LESS. / r O,•WkA SEAN C. ETIOLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS LS. 7959 �r 9�OF CAUF�QaP EXHIBIT "C" SCALE: 1 "= 50' L@7 m �pOv�G OOO �I 20' — I 20, I X I I I I o X99 N84'0557"F 157.49 I 8 72.00 cp N) Ln I 4 2 � ll�r�@ � �Ln I ° ' ° I 00 71.22 72.83' N87'13'25"W 144.05' ° _ N CAPRI ROAD NOTE: BOUNDARY DIMENSIONS DEPICTED HEREON ARE PER RECORD OF SURVEY NO. 18670 AND ARE NOT THE RESULT OF A FIELD SURVEY. ® INDICATES PROPOSED EASEMENT FOR PUBLIC STREET RIGHT OF WAY. AREA = 364 SQUARE FEET v��G�PgLES COASTAL LAND SOLUTIONS,INC. R, LS577 SECOND STREET L.S. 7959 A ENCINITAS, CA 92024 PH (760) 230-6025 FAX (760) 230-6026 CLS#1397 SEAN C. E14GUERT, LS. 7959 DATE A� CAUF 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. SU13ORDINATION AGREEMENT WHEREAS,those parties conoemed,Tai J. Capn.A si,nom,le,Man, as Trustor and Mortoaae Electronic Realstmffion Svstgm, Inc. as Beneficiary, desire to have the Deed of jnuid recorded in the office of the County Recorder of Sari Diego County on May 05, V1 5, as Document No. 15-220726 of offiaai reoords;subordinated to EASEMEW FOR PUBLIC STREET RIGHT-OFANAY,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: Q, CFK Name of Financial Institution Representative Signature L [ja y) 'y Jl Gc qC N Z 16 I I h Tftld Date Signature of Beneficiary to be notarized. Atfach 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 coWnts to recordation thereof by its duly authorized officer. "&&� Z7 7XO(llmallne Date Director of Public Works City of Encinitas (r1,YerirnJ CERTIFICATE OF 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 December 16, 2016, before me, Tiffany Johnson, Notary Public, personally appeared Barbara Davidson, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. Signaturj o'� (Seal) T L JOHN SON F NDTAR Bu� ORNIA? SAN DIEGO COUNTY CanmsnE� e1 2020 Y} j 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 Calif rnia ) County of Ll I ) On 1-171 before me, �� I I(1 ( G , Date Here Insert Name and Title of th Officer personally appeared p1+j 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. MORROW WITNESS my hand and official seal. j QSAMANTHA Comml DIENo 206751B tl NOTARY PUBLIC CALIFORNIA H SAN DIEGO COUNTY Signature Commission Expres 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 Title or Type of Document: 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 — r-; Limited General Partner — ❑ Limited - General - Individual L Attorney in Fact - Individual ❑Attorney in Fact Trustee Guardian or Conservator - Trustee L Guardian or Conservator Other: - Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907