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2019-116994 DOC# 2019-0116994 ��, 1 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) Apr 02, 2019 04.00 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City of Encinitas ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (S132 Atkins: $0.00) When Recorded Mail to: PcoR: N/A ' ) PAGES: 11 City Clerk ) 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 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY A.P.N.: 256-300-14 Plan: 14126-1 Address: 322 Orpheus Ave. Natalie B. Holm, a married woman as her sole and separate 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. GRANTOR(S): N t e . Holm, Owner 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, 1YZ e t ee consents to recordation thereof by its duly authorized officer. Y 8 /Z.AJO144 4- • y o ` �Ot dward J. Wimmer Date City Engineer Development Services Department City of Encinitas SUBORDINATION AGREEMENT WHEREAS, those parties concerned, NATALIE B. HOLM and BRIAN M. HOLM, wife and husband, as Trustor and Mortgage Electronic Registration Systems,.Inc. as nominee for Guild Mortgage Company, a California Corporation, ISAOA as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on June 29, 2016, as Document No. 2016-0322598 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. Date BENEFICIARY: Mortgage Electronic Registration Systems, Inc., as nominee for Guild Mortgage Company, ISAOA Julie D. D , As Secretary Signature of Beneficiary to be notarized. Attach the appropriate acknowledgements. 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. jt�4 E XP6 J. Wimmer Date City Engineer Development Services Department City of Encinitas I I ACKNOWLEDGMENT k A notary public or other officer completing this 3 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 J-/e—/9 before me, Karen Lynn Bruner yj01C4' 1 p%js(:C- (insert name and title of the officer) personally appeared Julie D. Dolled 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 i person(s), or the entity upon behalf of which the'person(s)acted, executed the instrument. t 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. KAREN LYNN BRUNER. Notary Public-California a i San Diego County 7S Commission#2228104 My Comm.Expires Jan 7,2022 Signature (Seal) 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 JUIYI SS. On �� l� , before me, A-r Ck JO— mO ,Notary Public, DATE i II ,, personally appeared ����2 Y) !Vo uJ 0_1� ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is/ re subscribed pithe within instrument and ac e ged to me tha e/ he/they executed the sam his er/their authorized capacity(ies), and that by his er/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. CoMM.#2182396 rn r g- NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the Guwv°' MY Comm.EXP.MAR.2,2021'A laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE 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 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) F1 ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT Fj OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMOBF PR E 0 SIGNER o 6 O APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017VALLEY-SIERRAINSURANCE CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT s A notary public or other officer completing this certificate verifies only the identity of R 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 ) _ R County of Mo ) s � R On L�J� &� \ �CV YV�w In before me, _ (here insert name and title of the o cer) R personally appeared \e t R who proved tome on the basis of satisfactory evidence to be the erso.n(,sf whose name('s) is/�subsc ' ed to the within instrument and acknowledged to me that sh th-ey executed the same in his/ er tlir authorized capacityos�, and that by+vFs er ter signature on the instrument the person{s�,—or the entity f upon behalf of which the person(s)-acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the R State of California that the foregoing paragraph is true and correct. EVA J. RUINMEL COMM. #2212484 z a Notary Public•California o WITNESS my hand and official Z San Diego County R Comm,Expires Se .2,2021 4 s R Signature (Seal) R _ Optional Information Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description`of-Attached Document Additional Information The preceding Certificate`ofAcknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: 0 form(s)of identification 0 credible witness(es) Notarial event is detailed in notaryjournal on: containing pages,and dated Page# Entry# The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing 0 Copyright 2007-2016 Notary Rotary,Inc.PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. EXHIBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL OF LOTS 6 AND 7, BLOCK "U" OF SEASIDE GARDENS ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1801, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 1924. EXCEPTING FROM SAID LOTS 6 AND 7 THE SOUTHWESTERLY 134 FEET. ALSO EXCEPTING FROM SAID LOT 6 THAT PORTION LYING WITHIN THE NORTH WESTERLY 50 FEET THEREOF. ASSESSOR'S PARCEL NUMBER: 256-300-14 D B�j�A�� �'�Cp CAL����� EXHIBIT `B" LEGAL DESCRIPTION FOR STREET DEDICATION PORTION OF LOT 7 IN BLOCK "U" OF SEASIDE GARDENS ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1801, FILED IN THE.OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,AUGUST 6, 1924,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 7, SAID POINT BEING ON THE NORTHWESTERLY LINE OF ORPHEUS AVENUE HAVING A HALF WIDTH OF 20.00 FEET; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 7 NORTH 28 033'30" WEST, 8.00 FEET; THENCE PARALLEL TO THE SOUTHEASTERLY LINE OF SAID LOT 7 NORTH 61 026'30" EAST, 28.43 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 72.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 28 033'30" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.53 FEET THROUGH A CENTRAL ANGLE OF 31 027'12" TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 7; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID LOT 7 SOUTH 28 033'30" EAST, 9.21 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 7 AND A POINT ON SAID NORTHWESTERLY LINE OF ORPHEUS AVENUE, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 80.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 56°34'06" EAST; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7 AND THE ARC OF SAID CURVE A DISTANCE OF 39.11 FEET THROUGH A CENTRAL ANGLE OF 28°00'36"; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE OF LOT 7 SOUTH 61°26'30" WEST, 28.43 FEET TO THE POINT OF BEGINNING. CONTAINS 542 SQUARE FEET, MORE OR LESS. �®®y�.riDS EXHIBI T "c STREET DEDICA TION EASEMENT _ N6176'30'E 66.00' LEGEND: INDICATES 8.00' WIDE EASEMENT FOR PUBLIC STREET RIGHT OF WAY GRANTED ARECl E 542 CITY OF HEREON. I NOTES• L BEARINGS AND DISTANCES SHOWN HEREON PER MAP 1810 dOp� N °o ;R Z I � I I 20 10 0 20 40 SCALE: 1" = 20' 00 LAND � d 31- '.�0"E No. 7655 2 �I R�1 N6126 2 53' �/ a $ z 1 8.4,E 90o y \o - - b – /0 \Q- RIW ° 360 o T N d=2 8.00 0' \ 9 F OF CA��F�� i b Ep'- 6126'JOIE OB 28.4,x' R b 80.0 3 g,11' JN.• 18-139 12.6.18 ORPHEUS `\ , a SAM P \�; t„`;' NGINEERING, INC. 171 SAM ROAD, SUITE 21.E DMITA$ CA 92024 R: (760)06-0660 FAX (760)4.16-0ss9 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.