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2019-215167 _ DOC# 2019-0215167 `� I III I IIIII II II III I III I II I IIIII III IIII II I III I III I III IIII Jun 04, 2019 04:09 PM Z Requested OFFICIAL RECORDS Recording B :q y ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City of Encinitas FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 11 When Recorded Mail to: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC DRAINAGE EASEMENT APN: 216-041-26-00 Permit No.: 14083-G Site Address: 2100 N Coast Highway 101 Case No.: 89-014 CDP Encinitas Beach Hotel Venture. LLC, a'Delaware limited liability company, hereinafter called GRANTOR(S), is 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 perpetual non-exclusive Public Drainage Easement, subject to the terms and conditions 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): Encinit2Bea ote l Venture, L /z31 ti Si Date J knm6 Q. rAA-smetbzr \)z NGLi7 Print Name Title 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 Calif ) County of M On 967- before me, �y, c bl t C Date • �ii l 7 l n(C7 Name and Title of the Officer personally appeared �J Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor4s)-whose name(s)lis/.are subscribed to the within instrument and acknowledged to me that he/sbe/ttrey executed the same in his/her it authorized capacity(ies),and that by his/herAf eir signatua4eyon the instrument the person(s), or the entity upon behalf of which the person,(s)4cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph i MEGAN M.KAF.OfiEY is true and correct. Commission#1-2140529 Z WITNESS my hand and official seal. Notary Public-daiffornia ..z San Diego County My Comm.Ex Tres Feb 16,2020 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: 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: ©2014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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. w Edward J. Wi m r DA City Enginee Development ervices 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 '55u, '!eA1jn SS. On 6' ` , before me, f 1 ° 'fie-�� 5 `�®��1 , Notary Public, DATE E personally appeared W'% yy-) rrt-e� ,who proved to me on the basis of satisfactory evidence to be the person(s) whose namere subscribed the within instrument and ac d to me that e/ he/they executed the sam� heir authorize capacity(ies), and that by Is 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 Comm.#2182396 'n I certify nder PENALTY OF PERJURY under the $ NOTARY PUBLIC-CALIFORNIA y NY coAN DiEiw i 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 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) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT F] OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT a OF e SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE SUBORDINATION AGREEMENT WHEREAS, those parties concerned, Encinitas Beach Hotel Venture. LLC, a Delaware limited liability company, as Trustor, and Wells Fargo Bank, National Association, as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on January 16, 2019, as Document No. 2019-0017794 of official records, subordinated to EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY, CITY OF ENCINITAS to which this Subordination Agreement is attached ("DOCUMENT" hereinafter). Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY hereby agrees to subordinate the 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; provided that nothing in this Subordination Agreement shall be deemed to limit the rights of Beneficiary or the obligations of Trustor under the Deed of Trust or any of the other Loan Documents referenced therein. BENEFICIARY: &ria-W r1fi Print Name Signature cue, vte s i S Tit a 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. Edward J. Wim Date City Engineer City of Encinita CIAL 11FORNIIA ALIL=PU1RP 8H /ACKH01'RiILEDGMENT CIVIL CODE § 1159 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 1 of LOS w�s ) A 1 L On I ". a g1 7019 before me, l'�V Date � r_ Here Insert Name a d Title of the fficer personally appeared n o l.,kut f1 ame(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 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. x1111111 111111111111111111111111111111. WITNESS my hand and official seal. EVELYN T.CASTRO COMM.#2200081 = NOTARY PUBLIC-CALIFORNIA Signature LOS ANGELES.COUNTY Si ature of Notary Public +ii/11�1111111111711I11111111111! 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 Dociaqent Title or Type of Document: 'Drai(10l e- Document Date: Number of Pages: 10 Signer(s) Other Than earned Above: PO O'�j'IG/ 51 ,rs 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 El Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 18587, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 21, 2000. APN: 216-041-26 c LAND SU9y V�,GIP�,E C Gq�NF�4� 7632 � OFCA1-e���`P EXHIBIT B STORM DRAIN EASEMENT THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 18587, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED NOVEMBER 21, 2000 AS FILE NO. 2000-0635224, DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT MOST NORTHEASTERLY CORNER OF SAID PARCEL 1, PER DOCUMENT NO. 2019- 0010408, RECORDED JANUARY 10, 2019, SAID NORTHEASTERLY CORNER BEING ON THE WESTERLY RIGHT OF WAY OF NORTH COAST HIGHWAY 101, A VARIABLE WIDTH PUBLIC ROAD; THENCE LEAVING SAID WESTERLY RIGHT OF WAY, ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 47°43'25" WEST (RECORD SOUTH 47°42'29" WEST), 13.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE OF PARCEL 1, SOUTH 48°06'59" EAST, 64.53 FEET TO THE WESTERLY RIGHT-OF-WAY OF SAID NORTH COAST HIGHWAY 101, PER SAID DOC NO. 2019-0010408, AND TERMINUS OF HEREIN DESCRIBED CENTERLINE. THE SIDELINES OF SAID EASEMENT ARE TO TERMINATE IN THE NORTH ON SAID NORTHERLY LINE OF PARCEL 1,AND THE SOUTH ON SAID WESTERLY RIGHT-OF-WAY OF NORTH COAST HIGHWAY 101. CONTAINING 1290.58 SQUARE FEET, MORE OR LESS. THE BASIS OF BEARINGS FOR THIS PLAT, IS THE CALIFORNIA COORDINATE SYSTEM CCS NAD83, ZONE 6, QUOTED BEARINGS HEREON, MAY OR MAY NOT BE IN THE TERMS OF RECORD MAPS. THIS LEGAL DESRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. 0 LAND �. 7'632 CAl.ICA 20 0 20 40 SCALE 1" = 20' S47' 43' 25"W 13.21' \ P.0.B. T.P.O.B. \ S43' 00' 55"E 13.07' S47* 43' 25"W 548' 06' 59"E 6.23' 21.64' N42°16'35"W LR) A=0'59'50" L=3.82', R=219.50' .�0 �0 s, DEDICATED RIGHT-OF-WAY PER moo- \ \ PM 18587 Civ PARCEL 1 9 RIGHT-OF-WAY PER PM 18587 00; DOC. 2019-0010408 \ REC. JAN. 10, 2019 1.AND SU9 GRo 7W2 ` EA SEMEN T A REA SCALE 1" = 20' �F CA�\� HALE AREA OF EASEMENT = 1290.58 S.F., MORE OR LESS E N G I N E E R I N G SHEET 1 OF 1 7910 CONVOY COURT SAN DIEGO, CA 92111 (858) 715-1420 H.E. JOB NO. 17002 STORM DRAIN EASEMENT CITY OF ENCINITAS APPLICANT PREPARED BY. PROJECT: A.P.N. 216-041-26-00 ENCINITAS BEACH HOTEL VENTURE, 4u �� ENCINITAS BEACH EXHIBIT C LLC DALE C. GROSS PLS 7632 RESORT EXHIBIT "D" Terms and Conditions for Grant of Public Drainage Easement The grant of public drainage 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 drainage easement shall be for a perpetual non-exclusive easement upon, through, under, over, and across the hereinafter described real property for drainage and for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a below-ground public storm drain, subsurface appurtenant facilities, and all subsurface structures and facilities incidental thereto (the "Facilities"). 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 in the document granting the easement. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over or otherwise using said real property and agrees that the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface and subsurface of said real property herein described. The Grantee hereby covenants and agrees to use due care in its exercise of the rights granted herein and to maintain or replace the Facilities without disturbing Grantor's current or future business operations and facilities; or all or any of the Facilities be relocated by Grantee to the public right of way if it cannot be repaired or replaced in a manner that does not disrupt Grantor's business operations and facilities. The Grantee further covenants and agrees that should any repairs, maintenance or replacements need to be made to the Facilities, all of which are conditioned upon not disrupting the Grantor's business operations and facilities, the Grantee shall, at its sole cost, repair any damage caused by such activities, including without limitation repair or replacement of improvements to an equal or better level that existed before said the damage caused by Grantee. 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. 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 attorneys' 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. Grantee hereby agrees to indemnify, defend and hold Grantor harmless from any and all damages, liabilities, losses, costs and expenses arising out of the exercise by Grantee of the rights granted hereunder. Grantor reserves the right to improve the surface and subsurface of the Property for all purposes, including, without limitation, with landscaping (except trees and deep-rooted shrubs), hardscape, walkways, stairs, detention basins, paved driveways, streets, parking surfaces, sidewalks, and curbs and gutters, and appurtenant facilities and structures. Grantor reserves the right to require Grantee, at Grantee's expense, to remove and relocate the Facilities, upon determination by Grantor that the same is reasonably believed to interfere with the current or future use, operations or development of Grantor's property. Within ninety (90) days of Grantor's written notice and demand for removal and relocation of the Facilities, Grantee shall remove and relocate the Facilities to another location within the public right of way, all without cost to Grantor, and Grantee thereupon shall reconvey to Grantor the easement herein granted. Grantee shall not interfere with Grantor's business operations while exercising its rights under this easement. Without limiting the generality of the foregoing, any maintenance or repair or other activities by Grantee shall be conducted in a manner that does not disturb the development, use or operations of Grantor's property and the method and conditions under which Grantee conducts such maintenance or repair activities shall be subject to the prior written approval of Grantor in its sole discretion, except in the event of an emergency to prevent an imminent threat to life or safety.