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2019-170512 f ` DOC# 2019-0170512 Recording Requested By: ) May 07, 2019 04:15 PM OFFICIAL RECORDS City f Encinitas Ernest J. Dronenburg, Jr., y ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) When Recorded Mail to: ) ;> City Clerk ) PAGES: 10 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 . Assessor's Parcel No: 254-361-10 Case #: NA Address: 1061 Saxony Road Permit#: 13970-G Alexander James Corondoni, Trustee of the Alexander J. Corondoni Living Trust dated May 20, 2008, 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. GRANT S): c7 �71 AI ande Co nd i, Owner Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. 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 San Diego. On 02/07/2019 before me, Eduardo Zavala Medina, Notary Public (insert name and title of the officer) personally appeared Alexander J Corondoni 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 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 is true and correct. ' i yE►l s WITNESS my hand and official seal. EDUARDO ZAVALA MEDINA Y� COMM.#2209712 NOTARY PUBLIC-CAUFORNIA ' SAN DIEGO COUNTY L � �IfFOPN � My Commission Expires 08/1212021 II� Signature (Seal) r r 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. X -7 o Edward J. W6#er Date City Enginee Development Services Department City of Encinitas 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 e SS. �� On —2c (QJ , before me, c�e�CL Y) ,Notary Public, DATE II . � personally appeared r LoO-�8 lJ�► ry''r""2�' ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is/ re subscribe the within instrument and ac edged to me th he he/they executed the sa his er/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 person(s) acted, executed the instrument. ANGELA A. SIMON Comml 2182396 I certify under PENALTY OF PERJURY under the e NOTARY PUBLIC- AUFORNIA N laws of the State of California that the foregoing SAN DIEGO EGO COUNTY g g rWro � MY Comm.UP.MAR.2,2021 paragraph is true and correct. WITNESS my hand and official seal. �L� d. ��� PLACE NOTARY SEAL IN ABOVE SPACE j 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) ❑ 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 ENT1TY(IES) THUMOBF PR SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE - - --— - - Consent of Lien Holder Wells Fargo Bank, N.A., ("Lien Holder"), is the current holder of a Mortgage /Deed of Trust dated September 22, 2017 as recorded in Instrument No. 2017-0437397, hereby consents to the grant of the foregoing Easement for Public Street Right-of-Way Easement dated February 25, 2017 and signed by Alexander James Corondoni to City of Encinitas 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 day of April 2019 Wells Farg Bank N.A. , By: 5;-. r La a E. Valentine, Vice President STATE of Maryland COUNTY of Frederick BEFORE ME, the undersigned authority, on this day personally appeared Laura E. Valentine, Vice President, of Wells Fargo Bank, N.A. 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 Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of April 2019. Q�{�•WTIARY yY as l�llc I Notary Pu tae of Maryland Audrey S me Phillips ' ���'K'co� " My commission expires: 8-15-2020 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH HALF OF LOT 6, HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 25, 1927. EXCEPT THEREFROM OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT. OF SURFACE ENTRY. ASSESSOR'S PARCEL NUMBER:254-361-10-00 DS No.7655 � � r Up CAL 'C� EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT AN EASEMENT 10.00 FEET WIDE FOR PUBLIC STREET RIGHT-OF-WAY OVER THAT PORTION OF THE NORTH HALF OF LOT 6 HILLSIDE ACRES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 SOUTH 89 054'30" EAST, 10.00 FEET; THENCE LEAVING SAID NORTHERLY LINE PARALLEL WITH THE WESTERLY LINE OF SAID LOT 6 SOUTH 00 005'30" WEST, 100.00 FEET TO A POINT THE SOUTHERLY LINE OF SAID NORTHERLY HALF OF LOT 6; THENCE ALONG SAID SOUTHERLY LINE OF THE NORTH HALF OF LOT.6 NORTH 89 054'30" WEST, 10.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID NORTH HALF OF LOT 6; THENCE ALONG THE WESTERLY LINE OF SAID LOT 6 NORTH 00 005'30" EAST, 100.00 FEET TO THE POINT OF BEGINNING. CONTAINS 1,000 SQUARE FEET, MORE OR LESS. ���y�►xns�Ry * No.7655 CA • EXHIBIT "C SHEET 1 OF 1 " _ PLAT OF EASEMENT SAXONY ROAD N POB NOOV5'30°E 100.00' NW'L Y COR LOT 6 .7%7 LEGEND: NOOV5'30°E 100.00' EASEMENT FOR PUBLIC STREET 10' DE EASEMENT RIGHT-Of-WAY WI FOR PUBLIC STREET RIGHT-OF-WAY GRANTED TO THE CITY OF ENCINITAS I LO N. ���� T 6 HEREON. NOTES• S112 I 1. PROPERTY LINE BEARINGS AND DISTANCES SHOWN HEREON.CALCULATED PER MAP 1992. I I LOT 6 \��p,L LaUO S 5 G h N 112 4 I * No. 7655 10T 7 9TF OF CA I I I I Q 0 30 60 �P SCALE: 1" = 30' I NO0V5'JOT 100.00' JN. 17-176 2.6.19 AMPO NGINEERING, INC. E112 OF 5014 SEC 3 171 saravY R0A0,SUVE 21$aav1TA$ CA 91024 R: (260)436-0660 FAX (260)436-069 I EXHIBIT Perms 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 documert 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.