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2018-250957 DOC# 2018-0250957 1111111 II I IIIII IIIII IIII I II I IIIII III IIIII IIIII II II IIIII II III Recording Requested By: j Jun 20, 2018 03:43 PM OFFICIAL RECORDS City of Encinitas ) Ernest J. Dronenburg, Jr., J SAN DIEGO COUNTY RECORDER FEES: $0.00 (S62 Atkins: $0.00) When Recorded Mail to: ) PCOR: N/A City Clerk ) PAGES: City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY n DOCUMENT TRANSFER TAX: 0 \� EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY 1�r Assessors Parcel No: 261-092-31 Building Permit#: 17-1268 Ryan Hyslop and Carly Hyslop, 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): Ryan Hyslop' _ Carly Hyslop, w r 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. &Z"I&I/"- I L V'If Cliris"t-Ophef L. Magdosku 07 ate City Engineer - Development Services Department City of Encinitas Wells Fargo Home Mortgage • MAC X3802-020 0 1 611 8480 Stagecoach Circle Frederick,MD 21701 January 24 , 2018 Ryan Hyslop & Carly Hyslop Attn: Ryan Hyslop & Carly Hyslop 2387 Montgomery Cardiff By The Sea, CA 92007 Subject : Your request for Consent of Lienholder Mortgage account number: 0540091519 Client 936 Property address : 2387 Montgomery Aven Cardiff By The Sea CA 92007 Dear Ryan Hyslop & Carly Hyslop: We are enclosing the original signed Consent if Lienholder document for the above-referenced mortgage account . What you need to do to complete the transaction • Take or send your original document to your County Recorder or Recorder of Deeds office to have it recorded. • When that is completed, please return the original recorded document or a certified copy of the recorded document to us . • Mail the required documents to: Wells Fargo Home Mortgage MAC X3802-020 8480 Stagecoach Circle Frederick, MD 21701 We ' ll keep this documentation in your mortgage account file. We ' re here for you If you have any questions or need further assistance, please call us at the phone mber listed below, Monday through Friday, 9 : 00 a.m. to 4 : 30 p.m Eastern Time . If you call outside of the hours listed, or e ' r n available to take your call, please leave a voicemail message, and e ' return your call . S , y, ri her Talmadge ansactions Wel s argo Home Mortgage Phonte: 240 . 651 . 2693 Fax: 240-651-2881 Enclosure 500101DJO Wells Fargo Home Mortgage is a division of Wells Fargo Bank,N.A.NMLSR ID 399801 MERS MIN#: 100169600000164881 SIS (888) 679-MERS Consent of Lien Holder Mortgage Electronic Registration Systems, Inc. "MERS" is the Beneficiary of a Mortgage /Deed of Trust dated July 20, 2016 as recorded in Instrument No. 20160375810, hereby consents to the grant of the foregoing Public Street Right of Way Easement dated and signed by Ryan Hyslop and Carly Hyslop to The City of Encinitas, State of California 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 23rd day of January 2018 Mortgage Elec nic Registration stems Inc. By: Gwen R. Smalley, Vice President STATE of Maryland COUNTY of Frederick BEFORE ME, the undersigned authority, on this day personally appeared "Gwen R. Smalley, 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 23rd anua 201 . ..���VINCfiyT , ?� NOTARY•''.�yo PUBLIC D�IRES:;rn anrzozo :moo; Notary lic State Marylan •°FR,� • '� `,;.'' C pher Vincent almadge K CO """"" My commission expires: 4/1/2020 EXHIBIT "A" LEGAL DESCRIPTION LOTS 25 AND 26, IN BLOCK 14 OF CARDIFF IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 14, 1910. CONTAINS 4984 SQUARE FEET MORE OR LESS 29 4-7 �GSF�G�� ,4V�SEX11W. ENGLERT, L.S. 7959 DATE 'Low COASTAL LAND SOLUTIONS L s LS. 7959 y �9���'cAUFO���P EXHIBIT "B" LEGAL DESCRIPTION THAT PORTION OF LOT 25, IN BLOCK 14 OF CARDIFF IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 14, 1910, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 25, THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 25,NORTH 30°39'51" WEST, 15.00 FEET TO THE POINT OF CUSP, BEING A 15.00 - FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; A RADIAL LINE FROM THE RADIUS POINT BEARING SOUTH 59 020'09" WEST; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89 059'03", A DISTANCE OF 23.56 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 25; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 59°21'06" WEST, 15.00 FEET TO THE POINT OF BEGINNING . CONTAINS 48 SQUARE FEET MORE OR LESS. JD SU'4!! 0 SEAN NGLE T, P.L.S. 7959 DATE COASTAL LAND SOLUTIONS, INC m LS. 7959 y `q. sF��OF CPS-\��¢� LEGEND EXHIBIT „C., SCALE: 1"= 20' P.O.B. POINT OF BEGINNING ® INDICATES PROPOSED EASEMENT FOR ALLEY PUBLIC STREET RIGHT OF WAY ;n AREA = 48 S.F N30'38'54"W 50.00' (50') ( ) INDICATES RECORD INFORMATION PER MAP NO. 1298. RADIAL TABLE DIRECTION o LOCcia alt 20 20 RD1 S59'20 9"W RD2 S30-38'54"E , NOTE: BOUNDARY DIMENSIONS I o DEPICTED HEREON ARE (D I Q PER A PRECISE of BOUNDARY SURVEY THAT WAS PERFORMED IN FEB. o ! ' I 0`00 Z OF 2014. SEE CORNER ° COO Qo I O -� RECORD NO. 36035 FOR d I ° w THE FULL PROCEDURE OF o o :3 SURVEY. z I � N Q (o z N 0) I I 0 I RD2 _ o-i O 35..00' 15.00' o N30'39'51"W 50.00'(50') P.O.B. N MONTGOMERY AYE. 0 N ES F L� COASTAL LAND SOLUTIONS,INC. CNLN-S 577 SECOND STREET L.S. 7959 PH ENCINITAS, CA 92024 CLS#1502ROW FAX(760 660 6 . SEA NGLERT, L.S. 7959 DATE 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. 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 Californt1G'-V\ ) County of On )Z— 4 '20 T-7 before me, c? c� non Date Here Insert Name and Title of th n e Office personally appeared K\I GLVI C_0_1' y " V S � 0 ame(s) of bigner4 who proved to me on the basis of satisfactory evidence to be the pers whose names) is/ re� subscri o the within instrument and acknowledge a that he /they xecuted the same his/he/their uthorized capacity(ies),and that by his/h r/their si nature(s)on t strument the person(s), or the en I y upon behalf of which the person(s) acted, e d 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 '�nn (� r e NOTARY PUBLIC-CALIFORNIA VI SAN DIEGO COUNTY /I �woa�` my comm.Exp.MAR.2.2021' Signature 66v_4 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: 02016 National Notary Association •www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 T ) County of ScLyl On (— 25' before me, mo n ,A)D't&r y PJ 1 G , Date j( _ Here Insert nNa�me nd Title o the Officer personally appeared `r' ro �' L / `� �bS Name(s) of Signe s) who proved to me on the basis of satisfactory evidence to be tkn person(s) whose name(s is are bperibed to the within instrument and ackno �iged to me th he she/they executed the s e in his 1 er/their authorized capacity(ies),and that b his/her/their signature s)on the instrument the person(s), or the 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. a ANGELA A. SIMON COMM4 2 WITNESS my hand and official seal. 'nn y 182396 ul 8 NOTARY PUBLIC-CAUWRNIA V! SAN NY Couu�ExP.MAR.2,2021'' Signature L— Si 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.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907