2017-219889//P
Recording Requested By
City of Encinitas
When Recorded Mail to: )
City Clerk )
City of Encinitas )
505. South Vulcan Avenue )
Encinitas, CA 92024 )
DOC# 2017 - 0219889
Iiilll IIIII IIIII IIIII IIII 111111 (IIII IIIII (IIII IIIII (IIII IIIiI IIII IIII
May 16, 2017 04:52 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES, $0.00
PCOR: N/A
PAGES 11
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
DOCUMENT TRANSFER TAX: $_
EASEMENT FOR PUBLIC STREET RIGHT -OF -WAY
V \
Assessor's Parcel No: 258 - 274 -50 Building Permit #: 15 -2316
J\ Dayna Vogt an unmarried woman an undivided one -half interest and to Kasey Doyle
and Brenda Doyle husband and wife as their community property an undivided 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, 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.
GF6kNTOR(S):
sey D. i
b - -,1
Date
3 1d /-
Date
ale l 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
Resolution 94 -107 of the City Council of the City of Encinitas adopted on November 9,
1994 and the grantee consents to recordation thereof by its duly authorized officer.
6110(1-7
F�o&h J. Zai o Date
Interim Deputy i y ngineer
City of Encinitas
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA 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 S0kn eao )
On Mac. I(o ,4,0 l"I before me, o /T). Sv A , rjcA&'l1n Pi l )I G
(Date) (Here Insert Name and Title of the fficer)
personally appeared e D A e y)e_
who proved to me on th basis of sat factory evidence to be the person(Dwhose nameois4o
subscribed to the within instrument and acknowledged to me that he /she executed the same
in his /her /17%authorized capacity Q1 , and that by his /her/ ei signatur(,on the instrument
the persorQ or the entity upon behalf of which the person Dacted, 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.
ANUS M. SMITH
Notary Puolic • California
CCRWIIMiona C20uMy 76
(Notary Seal) M �0"�• E es dun S. 2020 r
ADDITIONAL OPTIONAL INFORMA
Description of Attached Document
Title or Type of Document: r� S2. rne_ & Document Date: 3 - I l0 - Q-O ( %
Number of Pages: I Signer(s) Other Than Named Above:
Additional Information:
revision date 01/01/2015
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, DAYNA VOGT, AN UNMARRIED WOMAN, as Trustor and Mortgage Electronic
Registration Systems, Inc. ( "MERS "), SOLELY AS NOMINEE FOR AEGIS LENDING CORPORATION ITS SUCCESSORS
AND /OR ASSIGNS, a Delaware Corporation, PO BOX 2026 FLINT MI 48501, 1901 E VOORHEES ST, STE C, DANVILLE,
IL 61834 as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San
Diego County on August 4, 2006, as Document No. 2006- OS53054 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:
Mortgage Electronic Registration Systems, Inc. ( "MERS ") , SOLELY AS NOMINEE FOR AEGIS LENDING
CORPORATION ITS SUCCESSORS AND /OR ASSIGNS
Signature Eva Pustelnikova
Assistant Secretary
Print Title
Signature of Beneficiary to be notarized.
Attached 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
OuI13 /amI-?
Date
Encinitas accepts and consents to the making of the foregoing Subordination Agreement
and consents to recordation thereof by its duly authorized officer.
Ro�J�J t T ZQth7 Date
Mterim �ty �
L�ti � .ie
City of Encinitas 1
STATE OF FLORIDA COUNTY OF PALM BEACH ss:
On April 13, 2017, before me, Ernie A.Stephens a notary public in and for the said county, appeared
Eva PUSteinikOVB, to me personally known, who, by me duly sworn did say that he /she is the Assistant Secretary of Mortgage
Electronic Registration Systems, Inc. ( "MERS ") SOLELY AS NOMINEE FOR AEGIS LENDING CORPORATION ITS SUCCESSORS AND /OR
ASSIGNS named in and which executed the within instrument, and that the seal affixed to the said instrument is the corporate seal of
the said Corporation and the said instrument was signed and sealed on behalf of the said Corporation by authority of its Board of
Directors and acknowledged the said instrument to be the free act and deed of the said Corporation.
WITNESS my hand and notarial seal.
My Commission Expires: :A2.� -I21)r,
Notary Public
Emie A.SUaPhen$
ERNIE A STEPHENS
MY COMMISSION 3 FF 235075
' EXPIRES: May 27, 2019
J� "xar d� Bmdsd TSry Bu*tNOpryS kn
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL1
THE NORTH HALF OF LOT 17, BLOCK K, AVOCADO ACRES NO. 5, IN THE
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.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES OVER
THE SOUTH 6.0 FEET OF THE EAST 85 FEET OF LOT 16 IN BLOCK K OF
AVOCADO ACRES UNIT NO. 5, IN THE 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. SAID
EASEMENT IS DECLARED TO BE APPURTENANT TO THE NORTH Y2 OF LOT 17
OF SAID BLOCK.
EXHIBIT "B"
EASEMENT LEGAL DESCRIPTION
THE EASTERLY 10.00 FEET OF THE NORTHERLY/ 20F LOT 17 IN BLOCK K,
AVOCADO ACRES 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 17, SAID POINT
BEING ON THE WESTERLY LINE OF NARDO ROAD HAVING A HALF WIDTH OF
20.00 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 17 SOUTH
89 013'03" WEST 10.00 FEET; THENCE LEAVING SAID NORTHERLY LINE
PARALLEL TO THE WESTERLY LINE OF SAID NARDO ROAD SOUTH 00 059'07"
WEST 63.54' FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NORTHERLY
i/2 OF LOT 17; THENCE ALONG SAID SOUTHERLY LINE NORTH 89 °13'10" EAST
10.00 FEET TO A POINT ON SAID WESTERLY LINE OF NARDO ROAD SAID POINT
BEING THE SOUTHEASTERLY CORNER OF THE NORTHERLY'/ 20F SAID LOT 17;
THENCE ALONG THE EASTERLY LINE OF SAID NORTHERLY Y2 OF LOT 17 AND
SAID WESTERLY LINE OF NARDO ROAD NORTH 00 059'07" EAST 63.54 FEET TO
THE NORTHEASTERLY CORNER OF SAID LOT 17 AND THE POINT OF
BEGINNING.
EXHIBI T "C"
EASEMENT FOR PUBLIC STREET RIGHT OF WA Y
17 10' EASEMENT FOR PUBLIC STREET
RIGHT OF WAY TO THE CITY OF
ENCINI TAS
\SNP- LANp
No. 765 B
\P
lF OF CA��F 0 30 60
SCALE: 1" = 30'
NOTES
1, BEARINGS AND DISTANCES SHOWN HEREON PER ROS 22098.
MELBA ROAD
0
0
0
a
Q Q S1TE
0
U ¢ Z
SANTA FE DRIVE
N
VICINITY MAP
NIS
LOT 16
20 00'
LOT 6
�9�
l
POB
N89 '13'03'E 144.47'
134.47'
h
b
b f
b
Ng LOT 17
0
0
z
POs 22098
g
g
�o
134.68'
N8973'10 E 1468'
O
Sz LOT 17
LEGEND
17 10' EASEMENT FOR PUBLIC STREET
RIGHT OF WAY TO THE CITY OF
ENCINI TAS
\SNP- LANp
No. 765 B
\P
lF OF CA��F 0 30 60
SCALE: 1" = 30'
NOTES
1, BEARINGS AND DISTANCES SHOWN HEREON PER ROS 22098.
MELBA ROAD
0
0
0
a
Q Q S1TE
0
U ¢ Z
SANTA FE DRIVE
N
VICINITY MAP
NIS
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
San County of San i f0.& SS.
On 10 — ZD 1-7 before me, Arno,? �0. f\ t COO n , Notary Public,
DAL F.
personally appeared 9 6 C+ � � I � � who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is re subscribed the within instrument
and ac ledged to me tha e/ he /they executed the
sa his er /their authorize capacity(ies), and that
b hi her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
941wso'�." ANGELA A. SIaON
,�c�K?�dZW WW I certify under PENALTY OF PERJURY under the
8w. Ev. L0°2. laws of the State of California that the foregoing
w caw. a Iw. t. mI
paragraph is true and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY
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
❑ PARTNER(S) TITLES)
ATTORNEY -IN -FACT
GUARDIAN /CONSERVATOR
SUBSCRIBING WITNESS
F] OTHER:
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
RIGHT
THUMBPRINT
OF
SIGNER
APA012015 NOTARY'BONDS, SUPPI.IC.SANV rvrcrvua" n" .r �.. .. ......�.