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2017-543881 DOC# 2017-0543881 1111111111111111111111111111111111111111111111111 Recording Requested By: ) 1 ) Nov 21, 2017 04:24 PM OFFICIAL RECORDS City of Encinitas ) Ernest J Dronenburg Jr ) SAN DIEGO COUNTY RECORDER FEES S0.00 When Recorded Mail to: ) PCOR N/A City Clerk ) PAGES 10 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY V‘ DOCUMENT TRANSFER TAX: 0 q`` EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY yr 1\� / A.P.N.: 256-151-27 Grading Plan: 13428-G Address: 630 Ocean View Avenue Case No: 17-016 CDP Michael W. McNemey and Tami L. McNemey, Husband and Wife as joint 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. GRAN �: / a)12 b 7 "ichael McNemey, Owner Date N3C) 1 t - Tami McNerney, Owner Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. SEE ATTACHED FOR NOTARIAL WORDING &SEAL 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 Nevada On /49VS"t c30, GPG/ before me, Veronica Sandoval, Notary Public. ` ( (insert name and title of the officer) personally appeared m it/ / u, . M('.[V P. Yne0 h ION L • MaleY my 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. 9 " ' ,► Veronica Sandoval Ga ,r'Fio, Comm. # 2198250 WITNESS my hand and official seal. v~iM -mgr Notary Public California `n�� 1i O , Nevada County _ L:1, " AAyCo m.Expires May 20 20,21• / Signature Q. _ ` L (Seal) 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. hristoph: . Magdosku / Date City Engineer Development Services Department City of Encinitas MERS MIN#: 1000536 0131327413 5 SIS (888) 679-MERS Consent of Lien Holder Mortgage Electronic Registration Systems. Inc. "MERS" P.O. Box 2026. Flint. MI 48501- 2026. is the holder of a Mortgage /Deed of Trust dated November 9. 2012 as recorded in Instrument No. 2012-0732279. hereby consents to the grant of the foregoing Easement for Public Street Right-of-Way Easement dated August 30, 2017 and signed by Michael W. McNerney and Tami L. McNerney to City of Encinitas and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of said mortgage. or other sale of said property described in said mortgage under judicial or non-judicial proceedings, the same shall be sold and the same is hereby deemed to be sold subject to said Easement SIGNED AND EXECUTED this (/ day of October 2017 Mortgage Electronic Registration Systems, Inc. ._ . . k ✓ L:ura E. Valentine. Vice President STATE of Maryland COUNTY of Frederick BEFORE ME. the undersigned authority, on this day personally appeared Laura E. Valentine. Vice President, of Mortgage Electronic Registration Systems. Inc.. known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. in the capacity therein stated, as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS y day of October 2017. " /1' 1 s---e1/2-e-f2).-'7: xermay PuSuc 1,01. Notary Public tate of Maryland cow fonsi ciammze 1/ Audrey Stine Phillips ,. My commission expires: 8-15-2020 EXHIBIT "A" LEGAL DESCRIPTION LOT 4 IN BLOCK 3 OF AVOCADO ACRES IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1924. s. tire Lam° No.7866 r EXHIBIT "B" EASEMENT LEGAL DESCRIPTION PORTION OF LOT 4 IN BLOCK 3 OF AVOCADO ACRES IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING ON THE WESTERLY LINE OF OCEAN VIEW AVENUE HAVING A HALF WIDTH OF 20.00 FEET; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 SOUTH 89°52'30" WEST 7.03 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 313.49 FEET, A RADIAL TO SAID POINT BEARS SOUTH 84°26'54" WEST; THENCE LEAVING SAID NORTHERLY LINE SOUTHEASTERLY A DISTANCE OF 70.48 FEET THROUGH A CENTRAL ANGLE OF 12°52'54", THENCE PARALLEL TO THE WESTERLY LINE OF OCEAN VIEW AVENUE SOUTH 18°26'00" WEST 53.89' FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 4, THENCE ALONG SAID SOUTHERLY LINE OF SAID LOT 4 NORTH 89°52'30" EAST 7.37 FEET TO A POINT ON SAID WESTERLY LINE OF OCEAN VIEW AVENUE, SAID POINT BEING THE SOUTHEASTERLY CORNER OF LOT 4; THENCE ALONG THE EASTERLY LINE OF SAID LOT 4 AND SAID WESTERLY LINE OF OCEAN VIEW AVENUE NORTH 18°26'00" WEST 56.21 FEET TO A POINT ON A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 306.49 FEET, A RADIAL TO SAID POINT BEARS SOUTH 71°34'00" EAST, THENCE NORTHERLY 68.24 FEET THROUGH A CENTRAL ANGLE OF 12°45'27" TO THE POINT OF BEGINNING. * r � 14 4I L. dy .a` o�* No.MI6 4 1 EXHIBIT "Cm EASEMENT FOR PUBLIC STREET RIGHT OF WAY \IENUE OCEAN �i VIEW 6,=12'45:= •18- R_31349, D.12 52 54 1 k,-, 1$ t o 1 , \x. Ii-u ill o Iz 0 U N co D m QSANDS a) .�• J No. 7655 ° O N a 2 T Cl_o C d , J . J ' Psi` . N � \ C ^o o 9� �FO`�c FO F CAS o --1 0 m v 0 U 0 >, J C 1"=40' m z M 0 20 40 80 0 i CD 0 L E G E N D — — 7'RIGHT OF WAY STREET DEDICA110N NO3'49'Cb1- 12Q28' a \ TO THE CITY ClF ENONITAS GRANTED I I N HEREON N JN: 06-106 7/27/17 ■ y' amN. �- ' AMPO ,' '� ENGINEERING. INC. y. a 1. BEARINGS AND DISTANCES SHOWN HEREON PER MAP 1791. 171,y yY 44 SWF 214 ,u p 92024 hz. (7601 436-coo FAX X14, c 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 Califomia, 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 v.•.A.N.Vt.v,.e..M.M.ipa-AN. 9 An.An A-.A.A•AN..M.7a.A. S•.A.W.W A. -+S.S.VW.9f.9f-.W-.VW•.9 ,9. .9 .A,.W�.A..A,.V-.q.Vq.V.. 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 `v'\ \---)( e-C : ) I On \\ — 1— Zip isi J before me, 011C'€ CL A . 't'l1Ci1) i0 '1 / R {,C, Date Here Insert Name and Title of the dfficer personally appeared C h Y t s ke n L ' .�\C,C C`.05....Ll Name(s) of Signer{) who proved to me on the basis of satisfactory evidence to bet erson(s) whose name(s) is/are bscribed to the within instrument and acknoged to me tha he she/they executed the same in hi '/her/their authorized capacity(ies), and that b hi er/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. I WITNESS my hand and official seal. +�`°'z ANGELA A. SIMON , �^�p 1_,,....$' _� Comm.t 2182396 in j In i}-A.'''.. NOTARY PUBLIC•CALIFORNIA V: +'w s+ll o tco counTY Signature / & �' cam►. t1COYY. .... YnR 2,2021 '� 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 — Limited - General - Partner — - Limited - General ❑ Individual - Attorney in Fact - Individual - Attorney in Fact ❑Trustee -_ Guardian or Conservator -Trustee _ Guardian or Conservator Til Other: - Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907