2017-253492 DOC# 2017-0253492
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Recording Requested B Jun FF IAL R 03:55 PM
9 9 Y ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr..
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR. N/A
When Recorded Mail to: ) PAGES: 12
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
DOCUMENT TRANSFER TAX:
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
APN: 258-122-30✓
Jaime Osuna and Rose L. Valdez Osuna, trustees of the Jaime and Rose Osuna family
trust, dated 9/21/09, 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
Jaim@/ suna, Owner/Trustee Date
Rt, L,-,
Rose L. Valdez Osuna, Owner/Trustee 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,
19 ancl the grantee consents to recordation thereof by its duly authorized officer.
( ' , 1 -7
Robert J. 21#ino Date
Interim Depbty<ity Engineer
City of Encinitas
-EA60VIEW-AGREEMENT
WHEREAS, those parties concerned, Jaime Osuna and Rose L. Valdez Osuna, trustees of
the Jaime and Rose Osuna family trust, dated 9/21/09, as Trustor and U.S. Bank National
Association, a national bank as Beneficiary, desire to have the Deed of Trust recorded in
the office of the County Recorder of San Diego County on August 11, 2016, as Document
No. 2016-0409273 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:
n
Renee .I MiiPllPr
Print Name �ig ture
Vice President 5/26/2017
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 recordation thereof by its duly authorized officer.
6� / 7 1 I
Si nature City of ncinitas/ iOe, .�
. II /I T
Title G,.,e,
CORPORATE ACKNOWLEDGMENT
State of: Kentucky}
}
County of: Daviess}
Personally came before me this 26th day of May 2017 the above named Renee J.
Mueller, Vice President to me known to be the person(s) who executed the above and
foregoing instrument and acknowledged the same.
'� u or i O6HL4�6EN.
At /i—Notary t .�,a N ,'�y� NOTASRSTY TA APRTUELBA AL IT CB{R-AKOREWGNE TN
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Public: Starla Brown
Notary ID#: 569131
My Commission Expired on November 28, 2020
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 D�eC1_ } SS.
Coun of 11
On �- k --W before me, ��a G• S 1 ✓ bl_) , Notary Public,
DATE n
personally appeared 96 )e r 2-&i o o who proved to me on the
basis of satisfactory evidence to be the persons) whose nen(s), or re subscribed t the within instrument
and aed to me tha e/ he/they executed the
sa I heir authorize capacity(ies), and that
by i signature(s) on the instrument the
per e entity upon behalf of which the
go-14, ANGEIA ASIMON persons) acted, executed the instrument.
CA1w.8 182396
j r ■0" oM o r I certify under PENALTY OF PERJURY under the
Qv, W caw.Err.MM.2.21M"
laws of the State of California that the foregoing
paragraph is true and correct.
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
❑ SUBSCRIBING WITNESS DATE OF DOCUMENT
F] OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT
OF -
SIGNER
APA0I12015 NOTARY BONDS,SUPPLIES AND FORMSAT FITTP.r WWW.VALLRY-SIERRA-COM C20 05-2015VALLFY-SIERRAINSURANCE
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 s6-1-, Df Czy SS.
On I— I g—�--i , before me, J))JJ q��a Si 01& h Notary Public,
DATE
personally appeared QeSe V O-A Ae Z who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) ts/ re subscribed tot within instrument
and acknowlpAged to me that he/s Ificey executed the
same in / er #heir authorized capacity(ies), and that
by his e /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A. 9314 I certify under PENALTY OF PERJURY under the
N ANGELA A. SIM4 Y
• NOTARY DIEGO COUNTY CALIFORNIA N laws of the State of California that the foregoing
SAN CI¢60 C00I
Mr COMM.EXP.MARK 2 song paragraph is true and correct.
WITNESS my hand and official seal.
OL (Z "r-,,'
PLACE NOTARY SEAL IN.ABOV E 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) l'ITLE(S)
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
r] GUARDIAN/CONSERVATOR
❑ SUBSCRIBING WITNESS DATE OF DOCUMENT
❑ OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OFPERSON(S)ORENTITYaESI THUMBPRINT z
OF e
SIGNER =
APAOI2015 NOTARY BONDS,SUPPLI FS AND FORMS AT HTTP WWW.VALLHY SIERRA.COM 02005-2015 VALLEY-SIERRA INSGRANCE
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 San D1 eao ? SS.
On before me, q2�a. A Sl me)n Notary Public,
DATE
personally appeared MCA 0 S L1 Y1 Cam- who proved to me on the
basis of satisfactory evidence to be the persons) whose names is re subscribed to the within instrument
and ac Iedged to me that(he)she/they executed the
sa hi er/their authorized capacity(ies), and that
by his er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
persons) acted, executed the instrument.
ANGELA A. SIMON
N Comm S 2009314 N
e NOTARY PueuC_CAUVORNIa I certify under PENALTY OF PERJURY under the
SAN oiecO Couxir laws of the State of California that the foregoing
My COMM E%P. COUNTY
2.7017 g g
paragraph is true and correct.
WITNESSS my hand and official seal.
C � �
PLACE NOTARY SEAL IN ABON E 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
TITLE(S)
PARTNER(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS DATE OF DOCUMENT
OTHER:
OTHER
RIGHT
SIGNER(PRINCIPAL)IS REPRESENTING: THUMBPRINT
NAME OF PERSON(S)OR ENTITY(IES) E
OF
SIGNER =
APA01 2015 NOTARI'BONDS_SUPPLIES AND FORMS AT HTTP-;:WWW.VALLEY-SIERRA.COM E'__005-2015VALLEY-SIERRAINSGRANCE
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 23 OF RANCHO RIQUEZA IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2133,
FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON OCTOBER
11, 1928.
CONTAINS 66671 SQUARE FEET OR 1.531 ACRES MORE OR LESS
�i 27 (7 �SFp LAND
SEAMUENGLERT, L.S. 7959 DATE
COASTAL LAND SOLUTIONS
tt N L& 7959 ~tr
9�UF CAUF���\P
EXHIBIT "B"
LEGAL DESCRIPTION
THAT PORTION OF LOT 23 OF RANCHO RIQUEZA IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 2133, FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON OCTOBER 11, 1928 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 23; THENCE,
ALONG THE NORTHERLY LINE OF SAID LOT 23, SOUTH 88°56'16" EAST 10.71
FEET TO A POINT ON A NON-TANGENT CURVE, HAVING A RADIUS OF 417.04
FEET, TO WHICH A RADIAL LINE BEARS SOUTH 68°53'32" EAST, THENCE,
DEPARTING SAID NORTHERLY LINE, SOUTHWESTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 24' 42", AN ARC
LENGTH OF 90.34 FEET TO THE NORTHEAST CORNER OF AN EXISTING
PUBLIC HIGHWAY EASEMENT PER DEED TO THE COUNTY OF SAN DIEGO,
RECORDED ON FEBRUARY 3, 1972 AS FILE/PAGE NO. 72-27838 OF OFFICIAL
RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID PUBLIC
HIGHWAY EASEMENT, NORTH 56°26'09" WEST 10.04 FEET TO A POINT ON
THE WESTERLY LINE OF SAID LOT 23, SAID POINT ALSO BEING A POINT ON
A NON-TANGENT CURVE, HAVING A RADIUS OF 407.00 FEET, TO WHICH A
RADIAL LINE BEARS SOUTH 56 028'54" EAST; THENCE NORTHEASTERLY,
ALONG SAID WESTERLY LINE AND ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 11° 53' 38", AN ARC LENGTH OF 84.49
FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THE SOUTHERLY 10 FEET OF SAID LOT 23;
EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID EXISTING
PUBLIC HIGHWAY EASEMENT.
CONTAINS 4,756 SQUARE FEET OR 0.109 ACRE MORE OR LESS.
-2/1711-7
SEA C ENGLERT, L.S. 7959 DATE S
COASTAL LAND SOLUTIONS
u�LS. 7959
� P
9�OF CALIF `
EXHIBIT °c" SCALE: 1 "= 30'
IZGEM N68. 3, .. P.O.B.
P.O.B. IIO (INNING �682232,�w�Rf(R); N88'56'16"W 359.52
® INDICATES P '
EASEMENT FOR PUBLIC
STREET RIGHT OF WAY 348.81'
AREA = 4756 S.F. m o'
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EASEMENT PER DEED RECORDED o
ON FEB. 3, 1972 AS FILE/PAGE
NO. 72-27838 OF O.R.
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COASTAL LAND SOLUMNS.INC.
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ENCINITA))S, CA 92024
FAX((72)223066026 2 2? t7
CL W C.SEAN GLERT, L.S. 7959 DATE OF CAL1F
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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.