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2019-406734 Q DOC# 2019-0406734 1111111111111II II11111111111111111111111IN 111111101111111111 IN Recording Requested By: ) Sep 17, 2019 03:55 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., CI of Encinitas SAN DIEGO COUNTY RECORDER FEES: $0.00 (set Atkins: $0.00) PCOR: N/A When Recorded Mail to: ) PAGES 14 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: 216-042-01 &216-042-05 Surfer's Point, LLC, a California limited liability company, 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 and convey for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Drainage Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-58 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. GRAN (S 7,AO . a o" o Sign or Surf 's Poin , Liff Date )r J, Print Name Title Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. 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 ) ss. COUNTY OF ) On I before me, JD l a Notary Public in an for said State, personally appeared wee- , who proved to me on the basis of satisfactory evidence to be the person( wh6se name(o Ware- subscribed to the within instrument and acknowledged to me that he/sh lthey executed the same in his/heMheir authorized capacity(ipsy, and that by his/her/their signature on the instrument the person0, or the entity upon behalf of which the person(4 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. WITNESS my hand and official seal. DEBI L.MOORE Commission#2139933 Notary Diego County nty Signature My Comm.Expires Jan 11,2020 (Area for Notary Seal) 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. 9 Z13/ �9 Edward J. Wim r Date City Engineer Development ices Department City of Encinitas SUBORDINATION AGREEMENT WHEREAS, those parties concerned, Surfer's Point, LLC, a California limited liability company, as Trustor, and Mid Valley Services, 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 January 2, 2018, as Document No. 2018-000822 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. BENEFICIARY: MID VA EY SERVICES, INC., a C lifo 'a oration ignature Date TOP,- i e Print Name Title Signature of Beneficiary to be notarized. Attach the appropriate acknowledgment. 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. 9 � 3 Edward J.Wim e Date City Engineer Development Services Department City of Encinitas I CALIFORNIA 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 County of On aa 1 (1 12 1 l before me, Date �p Here In rt Name and Title of the Officer personally appeared trl Names ner(s) who proved to me on the basis of satisfactory eviden be the person(s)whose nam re subscribed to the within instrument and ackno ed to meth the/the executed the same i hi her/their 9 Y authorized ca aci ies, and that his er/their si na on the instru ment the erso or the entit P tY( ) �� 9 P Y upon behalf of which the person(s) d, executed the instrument. I certify under PENALTY-OF PERJURY under the KARINA RINCON laws of the State of California that the foregoing o • yy COMM. #2140067 z paragraph is true and correct. 'tv� Notary Public-California z z Fresno County o WITNESS my hand and official seal. My Comm.Expires Jan.14,2020 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public 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: 02018 National Notary Association 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 SS. County of OLAA 1 eGC� On 9 - (� - Z© (� , before me, (41-)G@ 0�_ a I m0 Yl ,Notary Public, DATE personally appeared m m er— ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ re subscribe the within instrument and ac edged to me tha h /she/they executed the sa his er/their authorized capacity(ies), and that by hi / er/their signature(s) on the instrument the ,.D►L°"r4 ANGELA A. S— pe n(s), or the entity upon behalf of which the Comm.#2182396 rrnp person(s) acted, executed the instrument. $ P NOTARY S N DIEGO CALI ORNIA 0 C V7 Gam► MY Comm.Exp.MAR.2,2021 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. 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) F] ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT F1 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT L NAME OF PERSON(S)OR ENTITY(IES) THUMOBF RINT 0 SIGNER a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE J EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY I 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: BEING A PORTION OF LOT 10, SECTION 33, TOWNSHIP 12 SOUTH RANGE 4 WEST, SBM, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. AS DELINEATED ON RECORD OF SURVEY NO. 16291, RECORDED AUGUST 6, 1999 AS FILE NO. 1999-545048 , IN BOOK OF RECORD OF SURVEYS. APN: 216-042-05-00 OF EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT I I EXHIBIT B PUBLIC DRAINAGE EASEMENT THOSE PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, AND LOT 10, SECTION 33, TOWNSHP 12 SOUTH, RANGE 4 WEST,SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND AS DELINEATED ON RECORD OF SURVEY NO. 16291, RECORDED AUGUST 6, 1999 AS FILE NO. 1999-545048, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 10,ALSO BEING A POINT ON THE NORTH LINE OF SAID RECORD OF SURVEY NO. 16291; THENCE ALONG THE NORTH LINE THEREOF, SOUTH 67 928'49° WEST (RECORD, SOUTH 67°27'06" WEST), 101.80 FEET, TO THE NORTHWEST CORNER OF SAID RECORD OF SURVEY NO. 16291 ALSO BEING A POINT ON THE EASTERLY LINE OF THAT CERTAIN DEED, GRANTED TO THE STATE OF CALIFORNIA DIVISION OF HIGHWAYS, RECORDED OCTOBER 18, 1951 IN BOOK 4266 AT PAGE 313, AS DOCUMENT NO. 127881; THENCE LEAVING SAID NORTH LINE OF LOT 10, ALONG THE WESTERLY LINE OF SAID RECORD OF SURVEY,AND SAID EASTERLY LINE OF SAID DEED,SOUTH 29°28'11"EAST(RECORD,SOUTH 29 929'54" EAST PER ROS 16291, SOUTH 29 958'20" EAST PER SAID DEED), 131.20 FEET TO THE TRUE POINT OF BEGINNING'; THENCE LEAVING SAID WESTERLY LINE AND SAID EASTERLY LINE, NORTH 60 933'04" EAST, 22.00 FEET; THENCE SOUTH 29°28'11"EAST,30.09 FEET TO THE EAST LINE OF SAID LOT 10; THENCE ALONG SAID EAST LINE OF LOT 10, SOUTH 01 931'06" EAST, 46.93 FEET;TO SAID WESTERLY LINE AND EASTERLY LINE; THENCE ALONG SAID WESTERLY LINE AND EASTERLY LINE, NORTH 29428'11" WEST (RECORD, NORTH 29429'54"WEST PER ROS 16291, NORTH 29 258'20"WEST PER DEED),71.55 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,117.74 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. %.AND S�9� F�- v 7632 4'. s EXHIBIT "C" PLAT OF EASEMENT 40 O 40 80 EASEMENT TABLE SCALE 1" = 40' LENGTH BEARING/DELTA RADIUS L1 22.00' N60' 33' 04"E L2 30.09' S29' 28' WE L3 46.93' S1' 31' WE L4 71.55' N29' 28' 11"W *Dd . . . REFERS TO DEED RECD 10/18/1951 BK 4266 PG 313 P.O.B NORTHEAST CORNER LOT 10 \ WIT v0,20v 00 \ ON vh6 0 0 \ 99@7900 101T W °T,o N s s \ 216-042-05-00 216-042-01-00 L2\ 1' 2 ' S29 " =, — 1 E 131.20' R/W WLY LINE ROS 16 \ 291 / ELY LINE Dd x©@o wa y T.P.O.B �p LAND S� 7632 EASEMENT AREA OFCAL�� SCALE 1" = 40' AREA OF EASEMENT = 1,118 S.F., MORE OR LESS HA E R I N G SHEET 1 OF 1 7910 CONVOY COURT SAN DIEGO, CA 92111 (858) 715-142D H.E. JOB NO. 17002 ENERGY DISSIPATOR EASEMENT CITY OF ENCINITAS APPLICANT.• PREPARED BY: PROJECT: A.P.N. 216-042-05-00 ENCINI TAS BEACH ,�` 75 ENCINI TAS BEACH HOTEL VENTURE, 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 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 public storm drain, appurtenant facilities, and all structures and facilities incidental thereto, and for the flowage of any waters in, over, upon, and through said easement, 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 easement 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 drainage facilities or structures incidental thereto. 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 Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. 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 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. The Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it unless the fence interferes with the easement use. 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. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of drainage easement. Grantor agrees that Grantor's duties and obligations under this easement 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 easement. 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 attorney's 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. I