2018-442717 DOC# 2018-0442717
Recording Requested By: ) IIIIII I IIII VIII IIII II IIII IIIIIIIIIII II IIIIIII
Oct 23, 2018 03:51 PM
CI of Encinitas OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
When Recorded Mail to: FEES: $0.00 (SB2 Atkins: $0.00)
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
DOCUMENT TRANSFER TAX: $0
\a` EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
A.P.N.: 258-141-12 Grading Plan: 13814-G
Address: 653 Camino El Dorado Case No: 16-072 MINICDP
Jeffrey Earl Johnson and Shanna Johnson, as Trustors of the Jeffrey and Shanna
Johnson Living Trust dated July 30, 2007, 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):
1��U Ll�
Srhanna Johnson, Tru to Date
2� y
Je E I ohnson, a Date
Trustors f the Jeffrey an hanna Johnson Living Trust dated July 30, 2007
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
1 •
A notary public of 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.
Acknowledgement
State of California )
County of San Diego )
On before me, A. O'Loughlin, a notary public,personally
appeared S��o►n nc� I� g EuA As w►
who proved to me on the basis of satisfactory evidence to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons,or the entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. OFFICIAL SEAL
A.o,LOUGHLIN
NOTARY PUBLIC-CALIFORNIA
COMM.NO.2081693
SAN [DIEGO COUNTY
MY COMM.EXP.OCT. 12,2018
Signature
A.O'Loughlin(NOTARY PUBLIC) (SEAL)
Additional (Optional)Information: 99 11
Title of Document: �� .n Q�C/V PL4 T7 W c
Number of pages
Other Signer(s)
They
j
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.
to Z�
Date
City Engineer
Development Services Department
City of Encinitas
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, Gerda Geldern, a widow, as Trustor and Mortgage
Electronic Registration Systems, Inc. (MERS), solely as nominee for Watermark Capital,
Inc., a California Corporation as Beneficiary, desire to have the Deed of Trust recorded in
the office of the County Recorder of San Diego County on November 25, 2015, as
Document No. 2015-0611808 of official records, subordinated to EASEMENT FOR
PUBLIC STREET RIGHT-OF-WAY, CITY OF ENCINITAS ("DOCUMENT" hereinafter).
"MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate
corporation that is acting solely as a nominee for Lender and Lender's Successors and
assigns. MERS is the beneficiary under the Security Instrument. MERS is organized and
existing under the law of Delaware, and has a mailing address of P.O. Box 2026, Flint MI
48501-2026, and/or a street address of 1901 E. Voorhees Street, Suite C, Danville, IL
61834. The MERS telephone number is (888) 679-MERS. MIN:1009812-3125126643-5
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: Mortgage Electronic Registration Systems, Inc.,
As nominee for Watermark Capital, Inc., its successors and assigns.
Sherry A. Green , v,�aEGt.. .WAI®o%
Print Name Signature' p�••q •. �
°,��.OVA ��`•� '�
W:� SEAL °:CP
Vice President October 5, 2018 a 7;j:
Title Date P �'� ��.°�
d�aA o�LA�N¢: c eo°a
Signature of Beneficiary to be notarized. °.1-884141 lot °
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.
to
Date
City Engineer
Development Services Department
City of Encinitas
ACKNOWLEDGEMENTS
STATE OF VIRGINIA )
CITY OF RICHMOND )
I certify that I know or have satisfactory evidence that Sherry A. Green signed this
instrument and acknowledged it to be his free and voluntary act as Trustee for the uses and
purposes mentioned in the instrument.
DATED this day of October, 2018.
By: Las
LXSHARABODDIE Notary Pub Ic residing at: Richmond, Virginia
Notary Public My Appointment Expires: 05/31/2021
Commonwealth of Virginia
Registration No.7524440
My Commission Expires May 31,2021
ALL-PURPOSE 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 n ,
Vn Di fno SS.
On 1 V'' before me 'ela �� PIb h Notary Public
> > � � rY
DATE c
personally appeared W O-C A �� W%`nn m�P—r ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is re subscribed the within instrument
and ackn le ged to me tha a she/they executed the
sa i /her/their authori capacity(ies), and that
by hi her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
ANGELA A. SIMON person(s) acted, executed the instrument.
t�op Comm.#2182396 I►nn
yr NOTARY PUBLIC-CALIFORNIA UI
SAN DIEGO COUNTY — I certify under PENALTY OF PERJURY under the
MY Comm.EXP.MAR.2,2021 laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
PLACE NOTARY SEAL IN ABO V E SPACE NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
F1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) =E(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS DATE OF DOCUMENT
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OF PERSON(S)OR E=Y(IES) THUMBPRINT a
OF e
r
SIGNER o
a
0
APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 02005-2017 VALLEY-SIERRA INSURANCE
EXHIBIT "A"
DESCRIPTION OF PROPERTY
PARCEL 1:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED APRIL 19, 1881; DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 15;
THENCE NORTH 00 50' 14" EAST ALONG THE EAST LINE OF SAID SECTION 15,506.51 FEET TO THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE NORTH 0' 50' 14" EAST 127 FEET;
THENCE PARALLEL WITH THE SOUTH LINE. OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER NORTH 89° 39'52"WEST 430 FEET; THENCE SOUTH 00 50' 14"WEST 127 FEET TO A LINE
WHICH IS DRAWN THROUGH THE TRUE POINT OF BEGINNING PARALLEL WITH THE SOUTHERLY
LINE OF SAID LOT; THENCE ALONG SAID PARALLEL LINE SOUTH 89' 39' 52" EAST 430 FEET TO
THE TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER THOSE STRIPS OF LAND AS
DELINEATED AND DESIGNATED AS "30.00 FEET ROAD EASEMENT" ON RECORD OF SURVEY MAP
NO. 2385, FILED IN THE OFFICE OF THE COUNTY RECORDER JANUARY 30, 1950, LYING
SOUTHERLY OF THE NORTHERLY LINE OF THE ABOVE DESCRIBED PARCEL AND ITS WESTERLY
PROLONGATION.
EXCEPTING THEREFROM THOSE PORTIONS THEREOF LYING WITHIN PARCEL NO. 1 ABOVE.
APN: 258-141-12-00
EXHIBIT"B"AND "C"ATTACHED HERETO AND MADE A PART HEREOF.
ENO sG
GARY J�L�
D. MELLOM O
GARY D. LLOM, PLS 8537
LS 8537
DATE:
F of cA`�Fo
PASCO LARET SUITER ROW DEDICATION
PLAT
&ASSOCIATES
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2869 SHEET 1 OF 3
EXHIBIT "B"
DESCRIPTION OF EASEMENT
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED APRIL 19, 1881; AS DESCRIBED IN GRANT DEED TO JEFFREY
EARL JOHNSON AND SHANNA JOHNSON, AS TRUSTORS OF THE JEFFREY AND SHANNAH
JOHNSON LIVING TRUST DATED JULY 30, 2007, RECORDED OCTOBER 13, 2017 AS DOCUMENT NO.
2017-0474894, O.R.; DESCRIBED AS FOLLOWS;
THE WESTERLY 30 FEET.
CONTAINING 3,810 SQUARE FEET, MORE OR LESS.
EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
GARY �G
a D. MELLOM
GARY D. MELLO , PLS 8537
LS 8537 -- 1 jll�j
DATE:
9TF OF CAS\F°�
ON
-PASCO LARET SUITER ROW DEDICAPAT
&ASSOCIATES
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2869 SHEET 2 OF 3
EXHIBIT "C"
PLAT
APN: 259-311-01
W _ N 00°50'14" E 127'
z
0 80 160 240
SCALE: 1"= 80'
653 CAMINO EL
DORADO
APN: 258-141-12
0 0
APN: 258-141-13 -
CN APN: 258-141-11
SE Y4 NE Y4 M
SEC 15 T 13 00
00 00
z S R4W SBBM Z
30 PROPOSED PUBLIC STREET
RIGHT-OF-WAY
3,810 SF
N 00°50'14" E 127'
CAMINO EL DORADO
30
LEGEND
PROPERTY LINE ADJOINING PROPERTY LINE
RIGHT-OF-WAY LINE ------ EASEMENT LINE
CENTER LINE ( ) RECORD DATA PER DEED REC. 10/13/2017
F/P. 2017-0474894, O.R.
PASCO LARET SUITER SCALE = 1" = 80' W ROW DEDICATION
&ASSOCIATES z PLAT
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2869 + SHEET 3 OF 3
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.