2009-134091
`
` Recording Requested By: DO # 2009-0134091
) I I~~~~II 1111111111111111111111111111111111111111111111111111111111 IN
City of Encinitas )
MAR 17, 2009 4:01 PM
r ) OFFICIAL RECORD
When Recorded Mail to: ) ,AN DIEGO COUNT`( RECORDER' OFFICE
City Clerk ) DA`-/ID L. BLITLER: COI NT`r' FIECOFIDER
City of Encinitas ) FEE'..: 0.00
is NA
505 South Vulcan Avenue ) PAGES: 11
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY))
1 SPACE ABOVE FOR RECORDER'S USE ONLY
l~-
GRANT DEED FOR CITY HIGHWAY
A.P.N.: 260-370-26Project No.: 06-126 DR/CDP
W.O. No.: Bldg. Permit 07-677
`100I,I1VIENTARYTRANSFERTAX$__
Cardiff Towne Center, LLC, a California Limited Liability Company hereinafter called
GRANTOR(S), is the owner of real property which is described as follows:
SEE EXHIBITS "A" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF BY
THIS REFERENCE,
do(es) hereby grant, convey and dedicate in fee title to the PUBLIC, hereinafter called
GRANTEE, the right of way and incidents thereto for a public highway upon, over and
across that certain real property in the City of Encinitas, County of San Diego, State of
California, described as follows:
SEE EXHIBITS "B", and "C" ATTACHED HERETO AND MADE A PART HEREOF
BY THIS REFERENCE,
The Grantor, for himself, his successors and assigns, hereby waives any claim for any
and all damages to Grantor's remaining property contiguous to the right-of-way hereby
conveyed by reason of the location, construction, landscaping or maintenance of said
highway. The Parties acknowledge that should the existing street layout be modified
such that land dedicated pursuant to this Agreement is no longer necessary to comply
grant.hwy 10/25/07 1
with City standards, Owner may request that City vacate such land by processing a
vacation application with City.
Dated thi day of 2007
Jo Najjar, Manager, Cardiff Towne Center, LLC
Signature of Manager to be notarized.
Attach the appropriate acknowledgments.
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.
,a , / \511 -,;?/o 9
Peter Cota-Robles, P.E. Date
Director of Engineering Services
City of Encinitas
grant.hwy 10/25/07 2
i
ALL PURPOSE ACKNOWLEDGEMENT
}
STATE OF CALI RNlq )SS.
COUNTY OF J
On before me,
Name and Title of Officer)
personally appeared ,~f 'h Y) jy dV - A 11
personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person/whose name is/ subscribed to the
within instrument and acknowledged to me that he/s e/tYy~y executed the same in his / I-,6r / tJ it
on the instrument the person(, or the entity
authorized capacity( i and that by his / he~/ th~ signature
upon behalf of which the person acted, executed the instrument.
OFFICIAL SEAL
PATRICIA GILLILAND
%0TARY PUBLIGCALWORNIA 23
COMM. NO. 1528205
WITNESS my hand and official seal. SAN DIE=GO COUNTY
.i iWC ::r: F xP...:::w~F
(This area for official notarial seal)
Signature
RecForm #R11 (01106/06)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
'~'c~'~~'~~.~Y'.cc.,~e.~.cf',~:~~ c. ~~.Ee~,cc.E-C~~,rcr=c~r,~rrr~+~~-r~r~-r~.r,~~•~-•E--e~~~5y
State of California
County of
On /7, 2AN before me ,~,t.)Df> - /~-IIGCTl~(J~ .C~789~ `7 !~(~,c3L/G
Date Here Insert Name and Title of the Officer
personally appeared Ca774 - ~,(~L~s
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name( is a subscribed to the
win instrument and acknowle ed to me that
e/they executed the e i his r/their authorized
capacity(ies), and that his/h r/their signature(s) on the
R'~'~ instrument the person(s , or the entity upon behalf of
ComnMSSion p17096" which the person(s) acted, executed the instrument.
Notary ►rbk -
S'" °i'pO cO1N1ty I certify under PENALTY OF PERJURY under the laws WoniM V Exp. Jan. S. 2011 of the State of California that the foregoing paragraph is
true and correct.
WITNES and and official seal.
Signature ,
Place Notary Seal Above Signal f Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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:
❑ Individual ❑ Individual
❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General _ ❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact - • ❑ Attorney in Fact •
❑ Trustee Top of thumb here El Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of San Diego, and described as
follows: '
PARCEL I:
THAT PORTION OF BLOCK 92, THAT PORTION OF ROSSINI DRIVE LYING NORTHEASTERLY OF
AND ADJOINING BLOCK 92 AND THAT PORTION OF THE 40 FOOT STREET ABUTTING BLOCKS 64
AND 92 OF CARDIFF VILLA TRACT, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, AUGUST 10, 1912, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK 70 OF SAID CARDIFF VILLA
TRACT, SAID CORNER BEING THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF
SAN ELIJO AVENUE (FORMERLY LOS ANGELES AND SAN DIEGO BOULEVARD) 60 FEET WIDE,
AND THE NORTHERLY RIGHT OF WAY LINE OF LIVERPOOL DRIVE, 60 FEET WIDE AS SHOWN ON
SAID MAP NO. 1469; THENCE NORTH 59°26'00" EAST ALONG SAID NORTHERLY RIGHT OF WAY OF
LIVERPOOL DRIVE AND THE NORTHEASTERLY PROLONGATION THEREOF, 272.96 FEET; THENCE
NORTH 32°00'00" WEST 45.00 FEET; THENCE SOUTH 58°00'00" WEST 13.00 FEET; THENCE NORTH
32°00'00" WEST 20.00 FEET; THENCE SOUTH 58°00'00" WEST 87.00 FEET; THENCE NORTH 32100'00"
WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
CONTINUING NORTH 32°00'00" WEST 238.51 FEET TO A POINT IN THE SOUTHEASTERLY RIGHT OF
WAY LINE OF BIRMINGHAM DRIVE AS DESCRIBED IN EASEMENT TO THE COUNTY OF SAN
DIEGO, RECORDED IN BOOK 1543, PAGE 305 OF DEEDS, OFFICIAL RECORDS OF SAID COUNTY,
SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 220.00 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 34°16'00" EAST; THENCE NORTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°25'28" AN ARC DISTANCE OF 112.98
FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS
OF 25.00 FEET AS DESCRIBED IN EASEMENT TO THE COUNTY OF SAN DIEGO AS ROAD SURVEY
1753; PARCEL 63227-A, RECORDED AS DOCUMENT NO. 208692 ON NOVEMBER 21, 1963; THENCE
NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 12104 F28" AN ARC DISTANCE OF 53.10 FEET TO ITS POINT OF TANGENCY
WITH A LINE THAT IS PARALLEL WITH AND DISTANT 60 FEET SOUTHWESTERLY, MEASURED AT
RIGHT ANGLES FROM THAT CERTAIN SOUTHWESTERLY LINE OF BLOCK 65 OF SAID CARDIFF
VILLA TRACT, HAVING A BEARING OF NORTH 32°00' WEST; THENCE SOUTH 32°00'00" EAST
ALONG SAID PARALLEL LINE 249.86 FEET; THENCE SOUTH 58°00'00" WEST 145.00 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF BLOCK 64, BLOCK 70 AND BLOCK 92, THAT PORTION OF THE 40 FOOT STREET
ABUTTING BLOCKS 64 AND 92, AND THAT PORTION OF THE ALLEY LYING NORTHEASTERLY OF
AND ADJOINING BLOCK 70 OF CARDIFF VILLA TRACT, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 10, 1912, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK 70 OF SAID CARDIFF VILLA
TRACT, SAID CORNER BEING THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF
EXHIBIT "A"
SAN ELIJO AVENUE (FORMERLY LOS ANGELES AND SAN DIEGO BOULEVARD) 60 FEET WIDE,
AND THE NORTHERLY RIGHT OF WAY LINE OF LIVERPOOL DRIVE, 60 FEET WIDE, AS SHOWN ON
SAID MAP NO. 1469; THENCE NORTH 59°26'00" EAST ALONG SAID NORTHERLY RIGHT OF WAY
LINE OF LIVERPOOL DRIVE AND THE NORTHEASTERLY PROLONGATION THEREOF, 272.96 FEET;
THENCE NORTH 32000'00" WEST 45.00 FEET; THENCE SOUTH 58°00'00" WEST 13.00 FEET; THENCE
NORTH 32000'00" WEST 20.00 FEET; THENCE SOUTH 58°00'00" WEST 87.00 FEET; THENCE NORTH
32000'00" WEST 131.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 32100'00" WEST
296.71 FEET TO A POINT IN THE SOUTHEASTERLY RIGHT OF WAY LINE OF BIRMINGHAM DRIVE
AS DESCRIBED IN EASEMENT TO THE COUNTY OF SAN DIEGO, RECORDED IN BOOK 1543, PAGE
305 OF DEEDS, OFFICIAL RECORDS OF SAID COUNTY, POINT BEING ON A CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 220.00 FEET RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 34016'00" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 2°12'20" AN ARC DISTANCE OF 8.47 FEET TO END OF SAID CURVE SAID END
OF CURVE ALSO BEING A POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK 92 WHICH IS
DISTANT NORTH 27°50' WEST 294.37 FEET FROM THE MOST SOUTHERLY CORNER THEREOF;
THENCE SOUTHEASTERLY ON SAID SOUTHWESTERLY LINE TO A POINT IN THE
NORTHEASTERLY PROLONGATION OF A LINE THAT IS PARALLEL WITH AND DISTANT 25 FEET
SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THAT PORTION OF THE
NORTHWESTERLY LINE OF LOT 21 OF SAID BLOCK 70, HAVING A BEARING OF NORTH 62°32'
EAST AND A LENGTH OF 94.67 FEET; THENCE SOUTHWESTERLY ALONG SAID PROLONGATION
AND LAST SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET SAID CURVE BEING ALSO TANGENT TO THE
SOUTHWESTERLY LINE OF SAID BLOCK 70; THENCE SOUTHWESTERLY, SOUTHERLY AND
SOUTHEASTERLY ALONG SAID CURVE TO ITS POINT OF TANGENCY; THENCE SOUTHEASTERLY
ALONG LAST SAID SOUTHWESTERLY LINE 282.06 FEET MORE OR LESS TO A POINT WHICH
BEARS SOUTH 58000'00" WEST 158.24 FEET MORE OR LESS FROM THE TRUE POINT OF
BEGINNING; THENCE NORTH 58°00'00" EAST 158.24 FEET MORE OR LESS TO THE TRUE POINT OF
BEGINNING.
PARCEL 3:
THOSE PORTION OF BLOCKS 64,70 AND 92 OF CARDIFF VILLA TRACT, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH THAT PORTION OF THE
ALLEY IN BLOCK 64 LYING SOUTHWESTERLY OF THE NORTHWESTERLY PROLONGATION OF A
LINE THAT IS PARALLEL WITH AND DISTANT 10 FEET AT RIGHT ANGLES SOUTHWESTERLY
FROM THE NORTHEASTERLY LINE OF LOT 1, SAID BLOCK 64 AND THAT PORTION OF THE ALLEY
ADJOINING SAID BLOCK 70 ON THE NORTHEAST AND LYING NORTHWESTERLY OF THE
NORTHEASTERLY PROLONGATION OF THAT CERTAIN SOUTHEASTERLY LINE OF LOT I OF SAID
BLOCK 70, HAVING A LENGTH OF 73.60 FEET, ALSO TOGETHER WITH THE 40 FOOT STREET
BETWEEN BLOCKS 64 AND 92 AND THAT PORTION OF ROSSINI DRIVE ADJOINING SAID BLOCK 92
ON THE NORTHEAST AND LYING SOUTHWESTERLY OF A LINE WHICH IS PARALLEL WITH AND
60 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF BLOCK 65 OF SAID MAP NO.
1469, ALL THE ABOVE LYING SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 70; THENCE NORTH 47°28' WEST
ALONG THE SOUTHWESTERLY LINE THEREOF 203.64 FEET TO THE SOUTHWESTERLY CORNER
OF PARCEL 2 OF THE LAND DESCRIBED IN DEED TO SAN ELIJO REALTY CO., RECORDED
DECEMBER 31, 1964 AS DOCUMENT NO. 236227 OF OFFICIAL RECORDS AND THE TRUE POINT OF
BEGINNING; THENCE NORTH 58°00'00" EAST 158.24 FEET TO AN ANGLE POINT IN SAID PARCEL 2;
THENCE NORTH 32°00' WEST 58.20 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL 1 OF
EXHIBIT "A"
SAID LAND ABOVE; THENCE NORTH 58°00' EAST TO SAID LINE 60 FEET SOUTHWESTERLY FROM
THE SOUTHWESTERLY LINE OF BLOCK 65.
(End of Legal Description)
September 27, 2007
Page 1 of 2
EXHIBIT `B'
LEGAL DESCRIPTION
STREET DEDICATION
A PORTION OF BLOCK 92 OF CARDIFF VILLA TRACT, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY AUGUST 10, 1912, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK 70 OF SAID
CARDIFF VILLA TRACT, SAID CORNER BEING THE INTERSECTION OF THE
EASTERLY LINE OF SAN ELIJO AVENUE (FORMERLY LOS ANGELES AND SAN
DIEGO BOULEVARD) 60 FEET WIDE AS SHOWN ON SAID MAP 1469, AND THE
NORTHERLY LINE OF LIVERPOOL DRIVE, 60 FEET WIDE AS SHOWN ON SAID MAP
1469; THENCE ALONG SAID EASTERLY LINE OF SAN ELIJO AVENUE NORTH
27°28'00" WEST 468.70 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET, A RADIAL TO SAID POINT
BEARS SOUTH 62°32'00" WEST; THENCE NORTHWESTERLY, NORTHERLY, AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE 39.27 FEET THROUGH A
CENTRAL ANGLE OF 90°00'00" TO A LINE THAT IS PARALLEL WITH AND DISTANT
25.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM THAT
PORTION OF THE NORTHWESTERLY LINE OF LOT 21 OF SAID BLOCK 70, HAVING A
BEARING OF NORTH 62°32'00" EAST AND A LENGTH OF 94.67 FEET AS SHOWN ON
SAID MAP 1469; THENCE ALONG SAID PARALLEL LINE NORTH 62°32'00" EAST
100.41 FEET TO A POINT ON THE WESTERLY LINE OF SAID BLOCK 92; THENCE
ALONG SAID WESTERLY LINE NORTH 27°05'00" WEST 1.69 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE OF
SAID BLOCK 92, NORTH 27°05'00" WEST 2.59 FEET TO A POINT IN THE
SOUTHEASTERLY LINE OF BIRMINGHAM DRIVE AS DESCRIBED IN EASEMENT TO
THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 16, 1928 IN BOOK 1.543, PAGE
305 OF DEEDS, SAID POINT BEING ON A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 220.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH
32°03'40" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
121.45 FEET THROUGH A CENTRAL ANGLE OF 31°37'48" TO THE BEGINNING OF A
REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 25.00 FEET AS
DESCRIBED IN EASEMENT TO THE COUNTY OF SAN DIEGO AS ROAD SURVEY
1753, PARCEL 63227-A, RECORDED NOVEMBER 21, 1963 AS DOCUMENT NO. 208692,
A RADIAL TO SAID POINT BEARS NORTH 63°41'28" WEST; THENCE
NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE 53.10 FEET THROUGH A CENTRAL ANGLE OF 121°41'28" TO ITS POINT OF
TANGENCY WITH A LINE THAT IS PARALLEL WITH AND DISTANT 60 FEET
SOUTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THAT CERTAIN
SOUTHWESTERLY LINE OF BLOCK 65 OF SAID CARDIFF VILLA TRACT, HAVING A
BEARING OF NORTH 32°00'00" WEST; THENCE ALONG SAID PARALLEL LINE
EXHIBIT "B September 27, 2007
Page 2 of 2
SOUTH 32°00'00" EAST 9.63 FEET TO A CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 25.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 58°00'00" EAST;
THENCE NORTHWESTERLY, WESTERLY, AND SOUTHWESTERLY ALONG- THE ARC
OF SAID CURVE 52.47 FEET THROUGH A CENTRAL ANGLE OF 120°14'32" TO A
TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
197.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 62°14'32" WEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 120.89 FEET THROUGH A
CENTRAL ANGLE OF 35°09'32" TO THE TRUE POINT OF BEGINNING.
CONTAINS 1,122 SQUARE FEET MORE OR LESS.
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NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: Commission Number: Date Commission Expires:'
County Where Bond is Filed:
Manufacturer or Vendor Number:
(Located on both sides of the notary seal border)
Signature:
Firm Name (if applica )
Place of Execution: Date:
Rec. Form #R10 (Rev. 8/13197)