2021-614625 R000rd
C Ion eaa TftComparry DOC# 2021-0614625
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Recording Requested By: ) Aug 30, 2021 12:19 PM
OFFICIAL RECORDS
Ernest J.Dronenburg,Jr.,
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES:$0.00 (SB2 Atkins:$0.00)
When Recorded Mail to: POOR: NIA
PAGES:14
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, Qq 92024 )
Free NCC'rdrng )
_ Goverhment Code 27383 SPACE ABOVE FOR RE ORDER'S USE
FOR THE BENEFIT OF THE CITY
fV/1(/f'z DOCUMENT TRANSFER TAX:_ 00
PUBLIC PEDESTRIAN ACCESS EASEMENT
Assessor's Parcel No:256-040-54 Work Order No: M SI-126
Scott N. Rittachof and Gina Rittachof, as co-trustees of the
Scott W. & Gina Rittschof Living Trust thereinafter called GRANTOR(S), are the owners)
of the real property in the City of Encinitas, County of San Diego, State of California,
described as follows: *dated September 13, 2006
SEE EXHIBIT'A'ATTACHED HERETO AND MADE A PART HEREOF,
doles) hereby grant, convey, and dedicate for valuable consideration to the City of
Encinitas, State of California, hereinafter called GRANTEE, a Public Pedestrian Access
Easement, subject to the terms and conditions set forth in City of Encinitas Resolution
2009-62 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): SoottW. & Gina Rittschof Living Trust dated September 13, 2006
09-z�Zpyo
Scott W. Rittj of, OwnedTrustee Date
ac O?-Z Z-4zo
Gina Rittschof, Ownedrrust Date
Signature of'GRANTOR(S)'to be notarized.
Attach the appropriate actmowtedgments.
Reoording Requested By:
Commonwealth Land Title Company
Recording Requested By: )
)
City of Encinitas )
When Recorded Mail to: )
City Clerk )
City of Encinitas }
505 South Vulcan Avenue )
Encinitas, CA 92024 )
Free 'Neccfdin5 )
Goverhment Code 27383 SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
924�ZD�jZ DOCUMENT TRANSFER TAX: _ 0
PUBLIC PEDESTRIAN ACCESS EASEMENT
Assessor's Parcel No: 256-040-54 Work Order No: #: SI-126
Scott W. Rittschof and Gina Rittschof , as co-trustees of the
Scott W & Gina Rittschof Living Trust!rhereinafter 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: :dated September 13 , 2006
SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF,
doles) hereby grant, convey, and dedicate for valuable consideration to the City of
Encinitas, State of California, hereinafter called GRANTEE, a Public Pedestrian Access
Easement, subject to the terms and conditions set forth in City of Encinitas Resolution
2009-62 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): Scott W. & Gina Rittschof Living Trust dated September 13 , 2006
t?9-ZFl-ZOZo
Cott W. Rittks hof, Owner/Trustee Date
Gina Rittschof, Ownerrrrust4a---� Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
EXHIBIT 'A*
LEGAL DESCRIPTION OF PROPERTY
rP�A�RC�EL�3��OF PARCEL MAP 11707 RECORDED OCTOBER 6, 1981 AS FILE NO. 81-318277
INTHE OCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
I
EXHIBIT 'B'
LEGAL DESCRIPTION OF EASEMENT
THAT PORTION OF PARCEL 3 OF PARCEL MAP 11707 RECORDED OCTOBER 6,
1981 AS FILE NO. 81-318277 IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID PARCEL 3 BEING THE
WESTERLY END OF A LINE HAVING A BEARING OF NORTH 74015'21" EAST AND A
DISTANCE OF 81.67 FEET AS SHOWN ON SHEET 1 OF SAID PARCEL MAP 11707;
THENCE ALONG SAID NORTHERLY LINE NORTH 74015'21" EAST 30.29 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 87"39'19" EAST 3.28 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A
RADIUS OF 73.00 FEET, A RADIAL BEARING TO WHICH BEARS NORTH 31021'06"
EAST;
THENCE SOUTHEASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 18"09'29"AN ARC LENGTH OF 23.14 FEET;
THENCE SOUTH 40029'25" EAST 8.56 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 45.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
6023'40" AN ARC LENGTH OF 5.02 FEET TO A POINT ON THE WESTERLY SIDE OF AN
EASEMENT FOR ROADWAY PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO
BY DOCUMENT NO. 81-074347 DATED MARCH 11, 1981 IN BOOK 1981 OF OFFICIAL
RECORDS AS SHOWN ON SAID PARCEL MAP 11707, A RADIAL LINE TO WHICH BEARS
NORTH 55*54'15" EAST;
THENCE ALONG SAID EASEMENT AS SHOWN ON SAID PARCEL MAP 11707 NORTH
15043'30" WEST 12.59 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET;
THENCE CONTINUING ALONG SAID EASEMENT AS SHOWN ON SAID PARCEL MAP
11707 AND ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF
90"01'09"AN ARC LENGTH OF 31.42 FEET TO SAID NORTHERLY LINE OF PARCEL 3;
THENCE ALONG SAID NORTHERLY LINE SOUTH 74015'21"WEST 1.37 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 179 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT'C'.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE
MICIIAEL sct&mpwRGER,Ls"so
LAND y_
GATE October 13,2020 HL
Q
3 Na 7790
r
EXHIBIT " C"
SCALE 1"-30'
LEUCADIA E30ULEVARDL4
CURVE TABLE
77'50
"E / CURVE DELTA RADIUS LENGTL,3�,� LiC1 .4 UNE TABLE
�s: LINE BEARING LENGTH
7 L7 'WL2AEL 3 7 L3
PU 11707 L4
Gn LS
L6
l THIS PLAT WAS PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH
THE PROFESSIONAL LAND SURVEYOR'S ACT
i
MICHAEL L SCHLUMPBERGER, PLS 7790
BEARINGS AND DIMENSIONS SHOWN HEREON ARE BASED
� LAND
ON RECORD DATA FROM PM 11707
ASSESSORS' PARCEL NO.: 256-D40-54
® DENOTES AREA OF EASEMENT `?y �"� CITY OF ENCINITAS
179 SOFT. MORE OR LESS ; No. 7790 z
VESTING: SCOTT W. RITTSCHOF AND GINA
Right-Of-Way Engineering Services, Inc. e RITTSCHOF
615 South Tt nt Strwt - Ooa m ide. C1 92054 '9
17001,yp7H�g06��'�"nM OF CA1'-FO DATE: MARCH 4, 2020 SHEET 1 OF 1
EXHIBIT "D"
Terms and Conditions for
Dedication of Public Pedestrian Access Easement
The dedication or irrevocable offer of dedication made by the Grantors named in the
document dedicating or offering the dedication of public pedestrian access 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 pedestrian access
purposes.
The real property referred to above is situated in the City of Encinitas, County of San
Diego, State of California, and is more particularly described in the document
dedicating or irrevocably offering to dedicate the pedestrian access easement.
Grantors hereby further offer to Grantee the privilege and right to perform grading and
to extend drainage structures and excavation and embankment slopes beyond the
limits of the herein described land where deemed necessary by Grantee for the
construction and maintenance of said pedestrian access. Reserving unto Grantors,
their successors or assigns, the right to eliminate such slopes and/or drainage
structures or portions thereof, when in the written opinion of the Grantee, the necessity
therefore is removed by substituting other protection, support and/or drainage facility,
provided such substitution is first approved in writing by Grantee.
Grantors hereby further offer to Grantee all trees, growths (growing or that may
hereafter grow), and road building materials within said pedestrian access easement,
including the right to take water, together with the right to use the same in such manner
and at such locations as Grantee may deem proper, needful, or necessary, in the
construction, reconstruction, improvement, or maintenance of said pedestrian access.
Grantee, for itself, its successors and assigns, hereby waives claim for any and all
damages to Grantee's remaining property contiguous to the pedestrian access
easement hereby conveyed by reason of the location, construction, landscaping, or
maintenance of said pedestrian access.
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. The
termination and abandonment may be made by the Grantee.
This dedication or offer of dedication shall be irrevocable and shall run with the land
and be binding upon and inure to the benefit of future owners, encumbrances,
successors, heirs, personal representatives, transferees, and assigns of the respective
parties.
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication or offer of dedication of pedestrian access easement.
Grantor agree 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.
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 ! /Z6C before me Derv)L.Neal Notary Public.
(name,title of officer)
personally appeared Scott W Rittschof and Gina Rinschof
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.
WITNESS my hand and icial p L_�
t' W•2tOW
■sNrerf�d•Oa�0waa
slw deco rouwn
(Notary Seal) Comm. .1A�KH Is.2021
(Sign re o No Public)
I
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.
/7
Edward J. Wi er Date
City Engine
Developme rvices Department
City of Encinitas
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'b0X\ Dit0
On ba•08• apa k before me,-1'je0 t \a, l2� a Notary Public,
personally appeared EAV�ax&
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed
to the within instrument and acknowledged to me that helshetthey 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.
WITNESS m Y hand and official seal. DEANA GAY
COMM.•2216986
7, SANDIEGOCOUNTY
Q4 NOTARY PUBLIC-CALIFORNIA
MY COMMISSION EXPIRES "
AUGUST 23.2(/21
Signature
MIN: 101322200000214257
SIS Telephone # (888) 679-MERS
SUBORDINATION AGREEMENT
WHEREAS, MERS MIN NC, desire to have the Deed of Trust recorded in the
office of the County Recorder of San Diego County on November 29 2018
Document No. 2018-0492955 of official records, subordinated to PUBLIC, as
PEDESTRIAN ACCESS EASEMENT ("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: Mortgage Electronic Registration Systems, Inc. (MERS), solely as nominee
for Nexera Holdings, LLC dba New Lending, a Delaware corporation
Mark F. Kelbaugh
Print Name - �--
Signature
> :. ,. ... •„
Vice President 1?2021 r
Title Dates
Signature of Beneficiary to be notarized.
Attach the appropriate acknowledgments.
1 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.
Jill Bankston, P.E Date
City Engineer
Development Services Department
City of Encinitas
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust recorded in the
office of the County Recorder of San Diego County on , as
Document No. of official records, subordinated to PUBLIC
PEDESTRIAN ACCESS EASEMENT (" CUMENT" 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:
Print Name Signature
Title 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. W mer Date
City Enginee
Development Services Department
City of Encinitas
NEW JERSEY NOTARY ACKNOWLEDGMENT
THE STATE OF NEW JERSEY
COUNTY OF Mercer
On August 17 2021 before me, Seth L. Ruby Notary Public
in and for said county, personally appeared Mark F. Kelbaugh
(signer/witness) who has/have satisfactorily identified him/her/themselves as the
signer(s) or witness(es) to the above-referenced document.
N Publi ign ture
Print Seth L. Ruby
My commission expires: February 24, 2026
3. SETH L RUBY
WARY PUBLIC
:1��, iTATEOf,N_P.�j�R3lY
� NJ6�y9Y!
rrr CXNMM". exnRes FIFO.a zee
r� Page 1 of 1
To be used for clarity purposes.
I certify under penalty &perjury and laws of the State of California that the illegible
portion of this document to which this statement is attached reads as follows:
Seth L. Ruby
Notary Public
State of New Jersey
ID# 50152651
My Commission Expires February 24, 2026
Date: August 30, 2021
Place of Execution: Newport Beach, CA
Commonwealth Land Title, California
Adriana Santillan