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2022-281441DOC# 2022-0281441 Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 Jul 08, 2022 03:40 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SI32 Atkins: $0.00) PCOR: N/A PAGES: 10 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY APN: 260-081-69-00 Address: 1366 Rubenstein Avenue DOCUMENT TRANSFER TAX: $0 Case #: N/A Plan#: LDEV-015634-2021 Oren Zaslansky and Brandi Zaslansky as trustees of Zaslansky Revocable Trust Dated 10/30/2002, 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: do(es) hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Sewer Easement, described as follows: SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-54 adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part hereof. GRANTOR(S): 6'ren Zaslansky, rusts poo-� B� andi ZasIansky,TKst­ee-`) �AIIIIIL — Date % L1111 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 authhorized/officer. C/ /)-! 2022-., rill. Bankston Date Engineer City of Encinitas SUBORDINATION AGREEMENT WHEREAS, those parties concerned, Oren Zaslansky and Brandi Zaslansky as trustees of Zaslansky Revocable Trust Dated 10/30/2002, and the lender being Silicon Valley Bank as Beneficiary, desire to have the Deed of Trust to Secure Indebtedness recorded in the office of the County Recorder of San Diego County on October 9, 2018, as Document No. 2018-0419464 of official records, subordinated to PUBLIC SEWER EASEMENT, 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: Suzanne Porter Print Name Director, Mortgage Operations Title 1-4 Si nature a r,, Date Signature of Beneficiary to be notarized. Attach the appropriate acknowledgments. 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. VIT. ankston gineer Encinitas h-S Date Basic Jurat State of Idaho County of Ada Subsc iiped.agd sworn to (or affirmed) before me this .•' 1A AZl•• • Q,RY j �, ('()MMIss111N��',r ■ ■ EXI'1/{ES n' � � �■ nO,` �10/14/2022 '•r••SYION ■•�' • otary Public My Commission Expires on to d 4zz 25/ day of 20 2Z EXHIBIT "A" PROPERTY LEGAL DESCRIPTION THE SOUTHERLY HALF OF LOT 20 OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 30, 1929, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTH 190 4750" WEST ALONG THE WESTERLY LINE OF SAID LOT, 102.77 FEET; THENCE NORTH 780 42' 10" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, 455.41 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 11' 17' 50" EAST ALONG SAID EASTERLY LINE, 101.64 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE SOUTH 780 42' 10" WEST, ALONG SAID SOUTHERLY LINE OF SAID LOT, 440.22 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 20; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT; SOUTH 78' 42' 10" WEST, 145.00 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID LOT 20; NORTH 11' 1750" WEST, 90.00 FEET; THENCE PARALLEL WITH SAID SOUTHERLY LINE, NORTH 78° 42' 10" EAST, 145.00 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE ALONG SAID EASTERLY LINE, SOUTH 11' 17' 50" EAST, 90.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING STREET WIDENING AS SHOWN IN DOCUMENT RECORDED MARCH 30, 2000 AS FILE/PAGE NO.2000-0160600, OF OFFICIAL RECORDS. L. No. 765 EXHIBIT "B" SEWER EASEMENT LEGAL DESCRIPTION THE WESTERLY 21.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHERLY HALF OF LOT 20 OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 30, 1929, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTH 190 4750" WEST ALONG THE WESTERLY LINE OF SAID LOT, 102.77 FEET; THENCE NORTH 78° 42' 10" EAST, PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, 455.41 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 11' 1750" EAST ALONG SAID EASTERLY LINE, 101.64 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE SOUTH 780 42' 10" WEST, ALONG SAID SOUTHERLY LINE OF SAID LOT, 440.22 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 20; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT; SOUTH 78' 42' 10" WEST, 145.00 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID LOT 20; NORTH 11' 1750" WEST, 90.00 FEET; THENCE PARALLEL WITH SAID SOUTHERLY LINE, NORTH 78° 42' 10" EAST, 145.00 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE ALONG SAID EASTERLY LINE, SOUTH 11' 17' 50" EAST, 90.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING STREET WIDENING AS SHOWN IN DOCUMENT RECORDED MARCH 30, 2000 AS FILE/PAGE NO.2000-0160600, OF OFFICIAL RECORDS. CONTAINS 2,158 SQUARE FEET, MORE OR LESS. o� p � a a o a CA O ^� O n Z o � ^ o O O � Z Cr) � Z o� a z ^�i 0 Z 0 o o rn � V 102.77' ' N19 47'50W N N19 47'50'W 102.77 I w � a v I I I I a o z v ow �o -r> �� o ti Q I �' y y n �'7N-1177,50;W- 90.00' 0o ti I o � R/W 0 0 R/W 90.00' R/W N1177'50'W 101.64' —N — RURENSTEIN A VE o o �o o R1W o Z a �oZ 0 00 0 0 EXHIBIT "D" Terms and Conditions for Dedication of Public Sewer Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public sewer 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 the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, for ingress and egress for public sewer maintenance and repair, 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 sewer lines 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 more particularly described in the document dedicating or offering to dedicate the sewer 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 and right-of-way 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 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; and 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. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the described works of improvement. 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. 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 sewer easement. 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 v 1 County of vi J} On % I I / !�y 1iZ before me, IN U Ias —PTs6,Lz N o t u 1 �,� Date \\ Here InseriName and Title of the Officer personally appeared U rbyl 26sl CI ins13 n al ZAS ( u ►�1 S pL 14-, Names) 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. 90my ASHTYN DOUGLAS-ROSA Notary public - California Sin DieSo County Commission # 2340113 Comm. Expires Jan 1, 2025 PeNoplopq 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. i Signature Signature of Notary Pu I l 1aI IN"I 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: (L 5 Q u� l� 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 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: