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2018-206914 t* DOC# 2018-0206914 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) May 22, 2018 04:05 PM OFFICIAL RECORDS CI of Encinitas Ernest J.COUNTY E O City ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) When Recorded Mail to: ) PCOR: N/A City Clerk ) PAGES: 13 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE previously recorded "PUBLIC This document is intended to replace and superseded the EASEMENT FOR PRIVATE STREET" recorded as Document Number 2014-0086716 on March 4, 2014 which contained an error in the easement legal description. PUBLIC EASEMENT FOR PRIVATE STREET ® Assessors Parcel No: 262-080-07✓ Case#: 01-239 TM JIM H. ENGERT AND ANNE M. NILSEN-ENGERT, 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 and convey for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Easement for Private Street, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-53 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 APART HEREOF. G-RAN10 R JIM H. T, Owner �/W 144 Date 5 ( ,� Ct%. APAE M. NILSEN- GERT, Owner 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 San Diego ) On before me, A. Vasvani, Notary Public Date Here Insert Name and Title of the Officer personally appeared v�►'Yl�S r ��C - �`- Name(s) of Signer(s) 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+efslie/they executed the same in hisf rer/their authorized capacity(ies),and that bThtsfher/their signatures)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 �"°'�►� A. VASVAI�it is true and correct. CONN.i 2160339 WITNESS my han official seal. U) xoruV?ac.ce2M"M W CUM Or SAN DINO r Signature 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: _ 1_­�1k Ve_S1.�1L L�1S �nC 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: 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 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 0 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 of1.V1 On 5-- 2 — before me, JCS )qTa Date ( Here Insert Name Ian Title of the icer personally appeared �� \ 1Z7 2 f L d O Name(s) of Sign (s) who proved to me on the basis of satisfacto evidence to bet erson(s) whose name( is/ re cribed to the within instrument and ackn I ged to me th he/ he/they executed the s e in his er/their authorized capacity(ies),and that b his er/their signat on the instrument the person(s), entity upon behalf of which the person(s) cted, 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. Comm.#2182396 1A NOTARY PUBUC•CAUFORNIA N SAN DIEGO COUNTY /� + ��.�' NY Comm.UP.W&2,2021"' Signature Sig ture 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: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 SUBORDINATION AGREEMENT WHEREAS,those parties concerned, JIM H. ENGERT AND ANNE M. NILSEN- ENGERT, A MARRIED COUPLE as TRUSTOR, and LOLA HINDE LIVING TRUST DATED JUNE 2002 as BENEFICIARY desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on MAY 7, 2013, as Document No. 2013-0286453 of official records, subordinated to PUBLIC EASEMENT FOR PRIVATE STREET("DOCUMENT' hereinafter)and the City of Encinitas. 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. BENEFI Y: LOLA HINDE LIVING TRUST, Beneficiary Date G�? Beneficiary 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. Christopheft. Magdosku Date City Engineer Development Services Department City of Encinitas INDIVIDUAL ACKNOWLEDGMENT State/Commonwealth of - } County of V����(�1� ss. On this the day of &o /0 J 4i�/ , before me, Day ftnth Year CkNJ4:R� !'�w , the undersigned Notary Public, Name of Notary Public personally appeared (�1L � �1�V Name(s)of Signer(s) ❑personally known to me—OR— Qproved 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 for the purposes therein stated. WITNESS my hand and official seal. Il ' . OFFICIAL STAMP Sign t re o Notary Public CNILiv UwAv MINI( -NOTARY P.U8L1C-0REGON L COMMISSION NO.954002 U� -e_D 0��� MI�C0111NSStGM FMS SEITHNER OS�020 Any Other Required Information Place Notary Seal/Stamp Above (Printed Name of Notary, Expiration Date, etc.) OPTIONAL This section is required for notarizations performed in Arizona but is optional in other states. 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: uu 1 ,I 1 0 ? V t ew Document Date: I /10 Number of Pages: Signer(s)Other Than Named Above: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#25936 M1304-07 (09/17) "EXHIBIT B" LEGAL DESCRIPTION PUBLIC EASEMENT FOR PRIVATE STREET THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE BOUNDARY OF LAND DESCRIBED IN GRANT DEED TO JIM H. ENGERT AND ANNE M. NILSEN-ENGERT, RECORDED OCTOBER 20, 1994 AS FILE NO. 1994-0615769 OF OFFICIAL RECORDS, SAID CORNER ALSO BEING A POINT ON THE EASTERLY BOUNDARY LINE OF CITY OF ENCINITAS TM 01-239, MAP NO. 16096, RECORDED FEBRUARY 29, 2016 AS FILE NO. 2016-7000085; THENCE SOUTHEASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID GRANT DEED, SOUTH 88°58'56" EAST 34.13 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY LINE, SOUTH 00°52'29"WEST 159.95 FEET TO THE BEGINNING OF A TANGENT 187.50 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°24'12"A DISTANCE OF 27.50 FEET; THENCE SOUTH 07°31'43' EAST 35.16 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID GRANT DEED; THENCE NORTHWESTERLY ALONG SAID SOUTHERLY BOUNDARY LINE, NORTH 89°08'31"WEST 41.30 FEET TO THE MOST SOUTHWEST CORNER OF SAID GRANT DEED, SAID CORNER ALSO BEING A POINT ON THE EASTERLY BOUNDARY LINE OF SAID MAP NO. 16096; THENCE NORTHEASTERLY ALONG THE WESTERLY BOUNDARY LINE OF SAID GRANT DEED AND EASTERLY BOUNDARY LINE OF SAID MAP NO. 16096, NORTH 00°52'44" EAST 222.23 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 7,762 SQUARE FEET OR 0.18 ACRES, MORE OR LESS. J. v No. LS 7619 xp. 12/31/18 ALAN N REAM, PLS 7619 DATE: MY LICENSE EXPIRES 12/31/18 EXHIBIT "C" SHEET 1 OF 3 SANTA FE DRIVE Cl TY OF zo 5 ENCINI TA S Q ENGER T z PROPERTY Q J Q W wo m� o ® z TENNIS � COUNTY OF CLUB DR. SAN DIEGO VICINITY MAP NOT TO SCALE LEGEND: MINDICATES PUBLIC EASEMENT FOR PRIVATE ROAD EASEMENT AREA P.O.B. INDICATES POINT OF BEGINNING BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS CCS 83, ZONE 6, GRID BEARING BETWEEN STATION "134WCCS1" AND STATION "CADT 11—DC" PER THE CITY OF ENCINITAS SURVEY CONTROL MONUMENTS PER RECORD OF SURVEY 18416, I .E. N 21 008'03" W. NOTE.- THE BEARINGS AND DISTANCES SHOWN HEREON ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO CONTROL PROPERTY BOUNDARIES. SEE "EXHIBIT A" LEGAL DESCRIPTION FOR CONTROLLING CALLS AND INTENT. ® EXISTING EASEMENT FOR IMPROVEMENT AND ACCESS EASEMENT PURPOSES RECORDED DEC. 3, 2012 AS DOCUMENT NO. 2012-0756487. © EXISTING EASEMENT GRANTED TO OLIVENHAIN WATER DISTRICT, RECORDED MAY 6, 2014 AS DOCUMENT NO. 2014-0183512. �O `AND SU � —D Z0 i e * XP 2/3 S nui7- Civil Engineering-Environmental sl �� Land Surveying LS. N0. R76 9 qlF�F; CA��E��� 2442 Second Avenue Son Diego. CA 92101 REGISTRATION EXPIRES: 12-31-18 Consultants, Inc. (619)232-9200 (619)232-9210 Fax Drawn By: SG APN: 262-080-07 PUBLIC EASEMENT FOR PRIVATE STREET Date: 0510712018 ENGERT PROPERTY R/W NO. DTR PROJ. NO. 1402 EXHIBIT "C" SHEET 2 OF 3 PM 21357 PARCEL 3 PM 20853 r APN 262-080-35 n a PAR. 4 Z LOT 1 - - - -, O MAP 16096 I I � I ENCLAVE CT I i („ENGERT") r APN 262-080-07 I I I LOT 11 I I NY I I I SEE DETAIL 'A' SHEET 3 APN 262-080-16 � Qc APN 262-080-20 Qr Qr POR. S.E. %4, N.E. %4, SEC. 23, I m Q I POR. S.E. %4, N.E. %4, SEC. 23, T. 13 S., R. 4 W., S.B.M. U T. 13 i Civil Engineering-Environmental 100 50 0 100 Land Surveying 2442 Second Avenue Son Diego, CA 92101 SCALE: 1" = 100' Consultants, Inc. (619)232-9200 (619)232-9210 Fox APN: 262-080-07 Drawn By SG PUBLIC EASEMENT FOR PRIVATE STREET Date: 0510712018 ENGERT PROPERTY R/W NO. DTR PROD. NO. 1402 EXHIBIT "C" SHEET 3 OF 3 i N 88'58'56"W 34.13 P.0.B I I I w ("ENGERT") u7fi N APV 262-080-07 n1 L' w �10 z N I A C C'4 04 p " 0 04 z I I . 8'2412» L=27.50' I R=187.50' N07'31'43"W 35.16 1 41.30 N89'08'31"W DETAIL "A" - - SCALE: 1" = 40' Civil Engineering-Environmental 40 20 0 40 Land Surveying 2442 Second Avenue San Diego. CA 92101 SCALE: 1" = 40' Consultants, Inc. (619)232-9200 (619)232-9210 Fax APN. 262-080-07 Drawn By SG PUBLIC EASEMENT FOR PRIVATE STREET Dote: 0510712018 R/W NO. DTR ENGERT PROPERTY PROD. NO. 1402 Terms and Conditions for Grant of Public Easement for Private Street The grant of public easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The public easement for private street shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for use as a public easement over a private street, which purposes shall include the erection of public signage; and also the installation, construction, maintenance, repair, replacement, reconstruction and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable television, public sewer, public water, public storm drain, fire hydrants, 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 of ingress and egress for the construction, maintenance, or alteration of any public utility equipment or facility situated in or on said easement; and also the perpetual right of ingress and egress of emergency access vehicles for emergency purposes; and also the perpetual right 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; and also 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 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 by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described on the document granting the easement. 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 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. This easement may be terminated 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 public easement for private street. Grantor agrees that Grantor's duties and obligations under this easement 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 easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, 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 easement the right to enforce this easement against the Grantor. "EXHIBIT A" LEGAL DESCRIPTION ENGERT PROPERTY' BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BARNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE WESTERLY 921.08 FEET AND THE SOUTHERLY 600.00 FEET. ALSO, EXCEPTING THEREFROM, THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23 WITH THE EASTERLY LINE OF THE WESTERLY 920.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE OF SAID WESTERLY 920.00 FEET, SOUTH 00°09'09"WEST 420.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHERLY 420.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89°41'50" EAST, 33.09 FEET;THENCE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 23, NORTH 00°03'05"WEST 420.00 FEET TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG SAID NORTHERLY LINE NORTH 89°41'50"WEST 31.59 FEET TO THE POINT OF BEGINNING. AND ALSO, EXCEPTING THEREFROM, THE NORTHERLY 10.00 FEET OF THE SOUTHERLY 610.00 FEET OF THE EASTERLY 360.00 FEET. AND ALSO, EXCEPTING THEREFROM, THE NORTHERLY 480.00 FEET, MEASURED ALONG THE EASTERLY LINE OF SAID SECTION 23. APN: 262-080-07-00