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2018-174002 DOC# 2018-0174002 . IIIII IIIII IIIII I III IIII IIII II II IIIII IIIII I II IIIII IIIII IIII III Recording e B 9 uested q Y ) May 01, 2018 03:07 PM OFFICIAL RECORDS City of Encinitas ) Ernest J. b SAN DIEGO COUNTOUNT Y RECORDER RDER FEES: $0.00 (SI32 Atkins: $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 DOCUMENT TRANSFER TAX: EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY f v Assessor's Parcel No: 259-271-39 Case #: 17-190 CDP Building Permit No: 17-2014 JAMES G. NAULT III AND TIFFANY MCDOWELL, TRUSTEES OF THE MCDOWELL- NAULT FAMILY TRUST DATED NOVEMBER 23, 2015, 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): Jam s G. Nault III, Trustee Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. 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 . 1 o c A J On — c1 - 201 c before me, e A- J1 rroYl /Jo' ar ' 11' , Date Here Insert Iynsert 1Name and Title of th Officer N personally appeared �d-V�'1�� l , ) O�U `+ M Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be t erson(s) whose name(s) is are Frthe scribed to the within instrument and ackno dged to me tha he/ he/they executed the same in her/their authorized capacity(ies),and that by his er/their signatu s)on the instrument the person(s), entity upon behalf of which the persons) ac ed, 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. ANGELA A. SIMON WITNESS my hand and official seal. o - Comm.#2182396 (�r NOTARY PUBUC•CAUFORNIA .. SAN DIEGO COUNTY Signature Gmoo6' My Comm.Exp.MAR.2,2021 g 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: 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 ❑ 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 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. Christopher L': Magdosku Date City Engineer Development Services Department City of Encinitas 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 0-n On —7-0'ry O before me, AYOA CI A. 1;�t cnoA ��Gr U DING Date Here Insert_ Name and Title of th Officer 1`�� personally appeared Cln�1� fl�.Y� L, osk-0 Name(s) of SJ ner(s) who proved to me on the basis of satisfactory evidence to be th erson(s) whose name( is are IOscribed to the within instrument and ackChis ged to me that e/ he/they executed the same in his her/their authorized capacity(ies), and that her/the ir signatu s on the instrument the person(s), the entity upon behalf of which the person( d, 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. � °' ANGELA A. SIMON 3 Comm.#2182396 N N : s NOTARYPUBUC-CWFORHU _ Signature- SAN Em AR-2. ignature of Notary Public cyan► NY Comm.Y EXP.MAR-2,2021'� 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 ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 SUBORDINATION AGREEMENT. WHEREAS, those parties concerned.. Tiffany Jane McDowell, a married woman as her sole and separate peopert , as Trustor and Ethos Lendings LLC as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on Nov 30, 2016, as Document No. #2016-0656094 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 Sigh'aAZ J., lZce, &,.de,-L 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 vant 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. Christopher,lf.-Ma g-dosku Date City Engineer Development Services Department pity o f ini F ri 11C .77 State of New Jersey County of Mercer On r'\ �-b , 2018 before me, Robert J. Castiglia, personally appeared, Mark F. Kelbaugh, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ROBERT J.CASTIGUA NOTARY PUBLIC OF!NEW JERSEY (notary signature) I*j Commission Expires August 17,2020 10#2453287 My Commission Expires: 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 Califor ' ) County of �k eAO ) On �— —Zo I O before me, elm _ �1mo r) N d-�(�.r V v��G, Date Here Inpseo Nam and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th -person(s) whose names) is are Vscribed to the within instrument and ackno dged to me that he/ he/they executed the same in irstilhe her/their authorized capacity(ies),and that b his her/their signature s)on the instrument the person(s), 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. tea► ANGELA A. SIMON WITNESS m hand and official seal. Comm.#2182396 to Y mOTARY SAN DIEGO COUNTY �IA noa.0' Ah Comm.Exp.NAB.2.2021 Signature rjb�d�e� dE ignature 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 ❑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 EXHIBIT "A" LEGAL DESCRIPTION THE NORTH HALF OF LOT 5, IN BLOCK"N"OF AVOCADO ACRES NO. 7 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.2138 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 7, 1928. CONTAINS 9,102 SQUARE FEET, MORE OR LESS. N-L LA UUrLAS��G�G Q 07 9 EXHIBIT "B" LEGAL DESCRIPTION THE WEST EIGHT FEET OF THE NORTH HALF OF LOT 5, IN BLOCK"N"OF AVOCADO ACRES NO.7 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO.2138 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 7, 1928. CONTAINS 500 SQUARE FEET, MORE OR LESS. P40 6287 ili � EXHIBIT "C" � S LEGEND No.6287 EDI ND I GATES PROPOSED Exp.9/30/18 Q, EASEMENT FOR PURL I C, STREET R I&HT OF WAY AREA = 500 S.F. DOUNDARY DIMEN51ON5 SHOWN 1060' HN D BAKER LS 6287 HEREON ARE PER A DOUNDARY i SURVEY PERFORMED DY D.L.S. ON 8/03/17. LOT M ; Mr 16 ---------- ---------- 62.51' 5(Y49'59"W 1 � T) Ti It Q N a Q d SGALE 1" = 30' LL J d w = Z = Y O Q O J J J Z m 0 a0 0 W t- 04 c0 � Z co Q O NO 50'44'E Go 62.51' 62.51' O NO'50'44"E O N A L O H A D R I V E 0 O O N MMITM HALF MY 116 IRMIR m n® BAKER LAND SURVEYS INC. BLS JOB#W971 CARLSBAD, CA. (760)729-6676 BLS DWG#971 DED PLAT 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 Grantor's, 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.