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2022-1272163/23/22, 8:07 AM Batch 13538129 Confirmation Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT -OF THE CITY DOC# 2022-0127216 IIIIII IIIII IIIII IIIII IIII IIIIII IIIII Illll lllll �lll lllll lllll llll llll Mar 22, 2022 04:47 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $113.00 (SB2 Atkins: $75.00) PCO : N/A PAGES: 9 SPACE ABOVE FOR RECORDER'S USE DOCUMENT TRANSFER TAX: EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessors Parcel No: 254-221-24 Case #: 1697A LA COSTA MEADOWS LLC 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, 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 "C" which is attached and made a part hereof, the real property described as follows: https:Hgs.secure-recording.com/Batch/Confirmation/l3538129 1/2 SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF. 1697A LA/99NA MEADPWS, LLC, GRANTOR(S): Paula Mello, Member Date t U Mary Hetz, M mber 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 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. /z / 7-7 `Ji I Bankston Date 4i Iting City Engineer Infrastructure and Sustainability 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 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY ("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. Print Name Title Signature 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. Jill Bankston Date Acting City Engineer Infrastructure and Sustainability Department City of Encinitas EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY EXHIBIT "A" EASEMENT FOR ROADWAY PURPOSES A PORTION OF LOT 1 IN BLOCK 3 OF SOUTH COAST PARK NO. 4, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO i•iAP THEREOF NO. 2049, FILED TN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DULY 26, 1927, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTHERLY ALONG THE WESTERLY LINE THEREOF NORTH 15043'30" WEST 6.00 FEET TO THE INTERSECTION WITH A LINE THAT LIES 6.00 FEET NORTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 1; THENCE LEAVING SAID WESTERLY LINE AND EASTERLY ALONG SAID PARALLEL LINE NORTH 74016'30" EAST 28.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 94.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30000'00" AN ARC LENGTH OF 49.22 FEET TO THE BEGINNING OF A COi•1POUND CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 10.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 45°43'30"; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°00'00" AN ARC LENGTH OF 10.47 FEET TO A POINT OF TANGENCY WITH THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 20.00 FEET OF SAID LOT 1. SAID SOUTHWESTERLY LINE BEING ALSO THE SOUTHWESTERLY RIGHT OF WAY OF HIGHWAY 101 AS DEDICATED TO THE STATE OF CALIFORNIA FEBRUARY 1, 1934 IN BOOK 253, PAGE 322 OF OFFICIAL RECORDS. THENCE NON TANGENT FROi•i SAID CURVE AND SOUTHERLY ALONG SAID LINE SOUTH 15043'30" EAST 27.25 FEET TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY ALONG SAID SOUTHERLY LINE SOUTH 74°16'30" b;EST 80.00 FEET TO THE POINT OF BEGINNING. CONTAINING: 747.3 SQUARE FEET, i•iORE OR LESS. SEE EXHIBIT `B' PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO ALL EXISTING EASEMENTS, RIGHTS AND CLAIMiS. LAND Is PREPARED BY ME OR UNDER MY DIRECTION IN CONFORi•iANCE w�' ' PAUL \ +� E. GOEBEL', WITH THE REQUIREMENTS OF THE LAND SURVEYOR'S ACT IJ o i� * LS 8486 ' *; 6.23.2020 PAUL E. GOEBEL, LS 8486 DATE iICHAEL BAKER INTL 9755 CLAIREMONT MESA BLVD, SAN DIEGO, CA 92124 IN 137350 APN 254-221-24 1400-1410 N COAST HIGHWAY 101 June 23, 2020 EXHIBIT :A Pzwc t of l 4 EXHIBIT "B" DEPICTION OF EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY LEGEND ®INDICATES EASEMENT FOR ROADWAY PURPOSES GRANTED HEREON 747.3 SF ( ) RECORD PER MAP 2049 BASIS OF BEARINGS P 0 B POINT OF BEGINNING 1% DEDICATED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES 2/1/1934 IN BK. 253, 322, O.R. pppi A 16 38 00 0 \ \ IC2\ mIrm 0 30' 1 ' =30' APN 254-221-24 LOT 1 BLK. 3 MAP 2049 N�A28 o O"E/ v1 NOTE: PARCEL DATA DEPICTED HEREON IS BASED ON RECORD AND DOES NOT REPRESENT A FIELD SURVEY. 0 • c 6.23.20 -' PAUL E. GOEBEL DATE ,r EXHIBIT B Ls s486 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR: EASEMENT FOR ROADWAY PURPOSES PORTION OF LOT 1, BLK 3, MAP 2049 [APN 254-221-24] 1400-1410 HIGHWAY 10i CITY OF ENCINITAS, COUNTY OF SAN DIEGO, CALIFORNIA 5 0'0 CURVE DATA TABLE C1 a=30'00'00" R=94.00' L=49.22' C2 0=60'00'00" R=10.00' L=10.47' R1 S45-43'30"E(R) R2 N74°16'30"E(R) PAUL ��� E. GOEBEL o LS 11486 ,t SEE EXHIBIT A \� FOR LEGAL DESCRIPTION SH=ET 1 OF 1 SHEET Michael Baker Intemationa( 9755 Clairemont Mesa Blvd.. San Diego. CA 9212 (858)614-5000 DATE 10/10/2019 137350 EXHIBIT "C" 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. 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 a1 i O J} On r A'��� ��42-_ before me, Nola, mate Here Insert Name and Title of the O icer personally appeared atLj A--., "2QA to Name(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. BRANDI L. LEWIS Notary Puhlic - CaHf4rnia z Diego County ' San Commission M 2242688 ass . My Comm. 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 P is I1Z Ti\7771 Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ' pa* 35q Title or Type of Document: NCO17 fl La 66-hs, Af ea-dowS -Ri©ice PaS e-one-1 )�' Document Date: Neb - u a a :D ak Number of Pages: -4' 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: C` ©2019 National Notary Association Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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 l County of d)� j} On j 90 al a— before me, t�.JMoe� ll L - L. l s, !1k blt� Date M Here Insert Name and Title of the Officer personally appeared ' `eLy- y ►1 q— Name(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. BRANDI L. LEWIS *My Notary Public - CaliforniaSan Diego County Commission t12242688 Comm, 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 Pub Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document N4� -Q54-X) -94 Title or Type of Document: & 97A. 4a ('a Or, 14,adou,6 — 1?Qw r'dS�merO"11 Document Date: Feb, 1 , �- 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: LA, W� ©2019 National Notary Association 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: