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2018-17012 DOC# 2018-0017012 Recording Requested By: ) l\ (� Jan 16, 2018 04:33 PM JI/ ) OFFICIAL RECORDS City of Encinitas ) Ernest J COUNTY bR ) SAN DIEGO COUNN REE COO RDER FEES: $0.00 (SB2 Atkins: $0.00) / When Recorded Mail to: ) PCOR N/A City Clerk ) PAGES 11 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY A DOCUMENT TRANSFER TAX: $0 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY 11J Assessor's Parcel No: 258-234-30 Permit#: 16-2434 Robert P Mougin and Cassandra E Mougin Husband and Wife as community property, 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. 3i;: t Z Z o Date C� 20 i 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. 66"4xh � 1`0�lg C ristop er L. Magdosk Date City Engineer Development Services Department City of Encinitas 1 i i SUBORDINATION AGREEMENT WHEREAS, those parties concerned, ROBERT P. MOUGIN AND CASSANDRA E. MOUGIN, HUSBAND AND WIFE AS COMMUNITY PROPERTY,as Trustor and U.S.BANK NATIONAL ASSOCIATION as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on November 18, 2015, as Document No. 2015-0598241 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: Print Name ignature �fft err— /--- 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. .664�" 9 Aft9K Ho—e?1ai4?� Christopher L. Magdosku Date City Engineer Development Services Department City of Encinitas 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 Orange ) On 12/21/2017 before me, Ana Maria Reyes (insert name and title of the officer) personally appeared Faustino S. Barrera 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. ANA MARIA REYES WITNESS and and o cia Commission s 2071867 Notary Public-California s T Orange County 1 N1 Comm.Ex Tres Jun 19,2018 Signature eat) EXHIBrr"A" PROPERTY LEGAL DESCRIPTION: SOUTH HALF OF LOT 7 IN BLOCK B OF ENCINITAS HIGHLAND, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1928, THE NORTH LINE OF SAID SOUTH HALF BEING DRAWN FROM THE MIDPOINT OF THE WEST LINE TO THE MIDPOINT OF THE EAST LINE OF SAID LOT 7. APN 258-234-30-00 A. S �''i ^E XP. � n LS 'a_`3 1 EXHIBIT°B" EASEMENT LEGAL DESCRIPTION: THE EASTERLY 6 FEET OF SOUTH HALF OF LOT 7 IN BLOCK B OF ENCINITAS HIGHLAND, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1928, THE NORTH LINE OF SAID SOUTH HALF BEING DRAWN FROM THE MIDPOINT OF THE WEST LINE TO THE MIDPOINT OF THE EAST LINE OF SAID LOT 7. APN 258-234-30-00 4 .; { A. C.1 P.. 1 2. 4 l LS 8253 2 SHEET 1 OF 1 SHEET EXHIBIT "C" PLAT OF EASEMENT NOM BEARINGS AND DISTANCES SHORN ON THIS PLAT ARE BASED ON RECORD DATA PER SUSDIW90N MAP 2141, AS SHORN ON RECORD OF SURVEY 22352 RECORDED: MAY 19, 2016 AS DOCUMENT NO. 2016-7000203. I20' 20' -0 SCALE 1'= 40' LOT 8 °'0 o LOT 13 N 89 2645" W 166.11' m LINE OF RELINQUISHMENT TO S.D. COUNTY PER M.S. DATA MAP NO. 777 0) p m NORTH 112 LOT 7 (q W M ui BLOCK B MAP NO.2141 J_ S 89 2535" E 1.60' PER M.S. NO. 777 z o LOT 14 N 8926'39" W 165.59' 0 z m d 0 0 3 N 01'03'18" E �- o N co 65.98' m -0 MIco SOUTH 112 LOT 7 1A m a o oIui � 0 0 6' LOT 15 S 89-26'3.3" E 165.07' 20' 1 20' LOT 6 BOUNDARY FOR THIS PLAT PER LEGAL DESCRIPTION FOR THE GRANT DEED TO PROPERTY DOCUMENT 2003-0872285 REC JULY 22 2003 AS DESCRIBED PER EXHIBIT 'A' AND EXHIBIT 'B' AS SHOWN ON RECORD OF SURVEY 22352. LEGAL DESCRIPTION SOUTH HALF OF LOT 7 IN BLOCK B OF ENCINITAS HIGHLAND, IN THE COUNTY OF SAN DIEGO, STATE OF _ ` I tt f 1 CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, �, .� !2 FILED IN THE OFFICE OF THE COUNTY RECORDER OF E;{ -3/-I SAN DIEGO COUNTY, DECEMBER 4, 1928, THE NORTH ' , LINE OF SAID SOUTH HALF BEING DRANK FROM THE l5 -=a F MIDPOINT OF THE NEST LINE TO THE MIDPOINT OF THE EAST LINE OF SAID LOT 7. GRANTOR PROPERTY PREPARED BY' c LEGAL PER EXHIBIT A' AREA OF EASEMENT ® �M�✓ CO" �`�P l o`/�-l j DESMP110N PER EXHIBIT 'B' GREGORY A. CAUDILL,LS - 8253 DALE g LICENSE EXPIRES 11-31-18 10-11-17 u G.A.C. ENGINEERING and LAND SURVEYING 27475 YNEZ ROAD#294.TEMECULA CA 92591 Voice:760594-0889 Email gczudill gac @gmail cam 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. 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 S"DkimD On 2 'L01 beforeme, ICMPtk rU1o(1t�ko�fJO� P%JaLtc / (insert name and title of the officer) personally appeared 80601- tAo\j&tt� k"!r > fAoy&tkA who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s),Wbre subscribed to the within instrument and acknowledged to me thatpd4l;iethey executed the same in~ttheir authorized capacity(ies),and that by histhedtheir 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 coned. WITNESS my ha and offrcial seal. C OFFICIAL SEAL RALPH GUIOGUIO NOTARY PUSLIGCALIFORNIA� COMM.NO.2078385 SAN DIEGO COUNTY MY COMM.EXP.AUG.17,2018 Signature ( Q 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_YN ' 1` I I On �— 16 - 201% before me, �� , S fVol A$fv IC, Date Here Insert Name. an (Title of the fficer personally appeared rr 1 SRS D r\2 Y L. 1 c�AC`OS kU Name(s) of Signer(s)' who proved to me on the basis of satisfactory evidence to be th erson(s) whose name(s`( is re Scribed to the within instrument and ackno ged to me that he she/they executed the same in er/their authorized capacity(ies),and that b his/ er/their signatures)on the instrument the person(s), he entity upon behalf of which the persons) ed, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws .............................. the State of California that the foregoing paragraph ANGELA A. SIMON� is true and correct. COYY.i 2182396 ` r xo WITNESS my hand and official seal. SIX DOW CMITY Yr Comm.Exr.YNt.2.k21 Signature S' nature 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: Signers) 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 ❑ 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