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2021-712105DOC# 2021-0712105 Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII II!I IIII Oct 13, 2021 08:40 AM OFFICIAL RECORDS ErnestJ. Dronenburg,Jr_ SAN DIEGO COUNTY RECORDER FEES: $0,00 (SB2 Atkins. $0.00) PCOR: N/A PAGES 12 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: 258-341-19 Address: 1262 San Dieguito Drive Case #: 3013-2019 CDP Permit #: 14552-G Steven Robert Burton and Maria Burton husband and wife, as community 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. rt Burton, Uw er Date Burton, 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, 1994 and the grantee consents to recordation thereof by its duly authorized officer. ard-J—VAmnief- 'i l T•�3unKsioti /k0Yq City Engineer Development Services Department City of Encinitas 5124121 Date 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 nn County of c )ax% On r 1 2-`?, 0-02 before me, GCrl L. LetL tS_ NO 614C Date Here Insert Name and Title of the Officer personally appeared T- IE_a n Nome(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(es), 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. s w,Y BRANDI L. LEMS Notary Public - California San Diego County t Commission r 2242688 ° My C•mm. Expires May 14, 2022 Place Notary Seal and/or Stamp Above 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. Signature Signature of Notary u i'c Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: EccS-e eri t^% for Pw61' c Vi Shl •� �^ `� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: + ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator 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 ACKNOWLEDGMENT } } ss } On 15 April 2021, before me, R. Shacklett, a Notary Public, personally appeared Steve and Maria Burton, who proved to me on the basis of satisfactory evidence to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons 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. R. SHACNLETT Notary Rubric — California my hand and official seal.San oie9oCounty Commission w 2233397 My Comm. Expires Mar S, 2022 b SUBORDINATION AGREEMENT WHEREAS, those parties concerned, Steven Robert Burton and Maria Burton, husband and wife, as Trustor and Mortgage Electronic Registration Systems, Inc. (MERS) solely as nominee for ZB, N.A. dba California Bank & Trust, a National Association, its successors and/or assigns as Beneficiary, desire to have the Deed of Trust recorded in the office of the County Recorder of San Diego County on November 7, 2017, as Document No. 2017- 0520407 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: Name of Lender Print Name J/J .�,v�E� Signature UJJ000061.,t4 ai4000 � Title Date Yl zlzozl 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. r ec I t7. 5cih KSloh ity Engineer Development Services Department City of Encinitas Date 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 1 County of an 1�� I On U �i, 702( before me, ArZX L L�+li s_ 1 ��6vyc ,6�1 G r—x Date Here Insert Name and Title of the Officer personally appeared �' t� T• Sat Cl-S`aY1 Name(s) of Signers) 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. Notary Public • Cdoforrlla Sam Dleyo County Commission 6' 214268/ eMy Comm. Expires May 14, 2022 Place Notary Seal and/or Stamp Above 1 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. Signature Signature of Nota lic 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: Si k7aret; na-'lor� ✓(LvnLYt rCaSrwxan4�r P `i'�` Sort=1 12OkJ Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): o Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ------------ ©2019 National Notary Association 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 04/12/2021 before me, Brittany Griffin, Notary Public (insert name and title of the officer) personally appeared Jason Shidler 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/herttheir 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. BRITTRNY GRIFFIN WITNESS my hand and official seal. _ No1Bn Publ¢ -C-It mia Los Angeles Caunry / � n I Camm pres'219309 \y) A1y CEomm. rGres Oc121, 2021 � WA -Dr 0r�' �r EXHIBIT "A" PROPERTY LOT 1 OF BLOCK J OF ENCINITAS HIGHLANDS IN THE CITY OF ENCINITAS COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1928. EXCEPT THEREFROM THE NORTHERLY 58 FEET OF SAID LOT 1, THE SOUTHERLY LINE OF SAID NORTHERLY 58 FEET BEING PARALLEL WITH AND 58 FEET AT RIGHT ANGLES SOUTHERLY FROM THE NORTHERLY LINE OF SAID LOT 1. PASCO LARET SUITER RIGHTOFWAY DEDICATION & ASSOCIATES San Diego I Solana Beach I Orange County JN 3044 Phone 858.259.8212 1 www.plsaengineering.com EXHIBIT "B" EASEMENT DESCRIPTION PORTION OF LOT 1 OF BLOCK J OF ENCINITAS HIGHLANDS IN THE CITY OF ENCINITAS COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1928 BEING DESCRIBED AS FOLLOWS: A SPANDREL SHAPED PARCEL OF LAND BOUNDED SOUTHERLY BY THE SOUTHERY LINE OF SAID LOT 1, BOUNDED EASTERLY BY THE EASTERLY LINE OF SAID LOT 1, AND BOUNDED NORTHWESTERLY BY THE ARC OF A 10.00 RADIUS CURVE, CONCAVE NORTHWESTERLY, AND BEING TANGENT TO SAID SOUTHERLY AND EASTERLY BOUNDARIES. CONTAINING 20 SQUARE FEET EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF. IMILIAN�� AXIAX S LEBL MAXIMILIAN LEBL, PLS 9323 LS 9323 DATE: PASCO LARET SUITER RIGHT OFWAY DEDICATION & ASSOCIATES San Diego I Solana Beach I Orange County JN 3044 SHEET 1 OF 2 Phone 858.259.8212 1 www.pisaengineering.com EXHIBIT "C" PLAT LOT 19 MAP 2141 ENCINITAS LOT 2 HIGHLANDS MAP 2141 BLOCK J I ENCINITAS HIGHLANDS BLOCK J — — T — — — I — — ——(S89"57'00"W 135.0') — — — I DOC NO. 1998-0058785, O.R. I APN:258-341-48-00 I LOT 20 MAP 2141 W LOT 1 oNi ENCINITAS o I MAP 2141 HIGHLANDS M BLOCK J c I ENCINITAS HIGHLANDS 1 BLOCK J II II 1262 SAN DIEGUITO DRIVE II �� DOC NO.2017-0520406, O.R. L=15.68' 6' �/ APN:258-341-19-00 R=10.00' II I �\ D=89"51'30" 9.98' 5, 11 9.98' 125.03' (S89"48'30"W 135.0') 0 + SANTA FE DRIVE - LEGEND - - - LEGEND PROPERTY LINE RIGHT-OF-WAY LINE CENTER LINE — — ADJOINING PROPERTY LINE ®EASEMENT AREA, DEDICATED HEREON (20 SQ.FT.) () RECORD DATA PER MAP NO. 2141 co I 20 20 I ENCINITAS SANTIARY DISTRICT OHOLDER OF A 5.0' WIDE UTILITY EASEMENT REC. 09/15/1960 DOC. NO. 1960-185798, O.R. OSDGE HOLDER OF A 6.0' WIDE UTILITY EASEMENT REC. 02/17/1931 IN BK 1866, PG 147, O.R. PASCO LARET SUITER SCALE = 1" = 30' N RIGHT OF WAY & ASSOCIATES E DEDICATION San Diego I Solana Beach I Orange County JN 3044 SHEET 2 OF 2 Phone 858.259.8212 1 www.plsaengineering.com 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.