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2010-300086V~ ~r- n DOC # 2010-0300086 Recording Requested By- City of Encinitas When Recorded Mail to.- City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 JUN 15, 2010 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 9 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 261-142-17 & 261-142-18 Case 10-043 COC DOCUMENTARY AU LAKEWOOD `.LIVING? 'TRIJ8T' 'M I EU SEPTEMBER 15, 2006 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. fGRAINTOF (S: Randolph A. Cherewick Date Co-Trustee, Lakewood Living Trust 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 Resol ion of the ity Council of the City of Encinitas adopted on November 9, 1994 and t e rant UnsP t recordation thereof by its duly authorized officer. ~ Zel Peter Cota-Robles Date Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County o e~0 On n! 2 -1&(D before me,;4A.A0A • /~/G C.7Z)U2, ~d7,t y PyB~IC Date Here Insert Name and Title of the Officer personally appeared ~4.)L F 4. C q Fee YI/rG K. Name(s) of Signer(s) r' who proved to me on the basis of satisEdo( evidence to be the person(s) whose name( re subscribed tot within instrument and acknow d t me t hat QaAhe/they executed the same in i er/their authorized capacity(ies), and that by RANDA G. MILUOUR his er/their signature(s) on the instrument the Commission 61709664 2 person(s), or the entity upon behalf of which the Notairy Public - CaWornis L San Obpo Covmy person(s) acted, executed the instrument. My Comm Won Exp. Jan. 6, 2011 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: Place Notary Seal Above Sign re of 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer- Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ~...•o~y -,mu...0,1 .eiy.ory • i-OVV-uJ rvvi AHY ti-Cuu-Ceti-bC27) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ion On ,r.2 8 / before me, `012 46 k&Z v7yy~ d71bC y 1`00e6/& Date Here Insert Name and Title of the Officer personally appeared Name(s) of Si who proved to me on the basis of satisfa tory evidence to be the person(s) whose name(s) re subscribed to th within instrument and acknowledged me that ee/they executed the same in his/ er/their authorized capacity(ies), and that by er/their signature(s) on the instrument the erson(s), or the entity upon behalf of which the RANDA G. MLLXXXtj ~t~ 1710"" person(s) acted, executed the instrument. san o;j.oo Ceu" 4 Exp. !~n 6ZOt1 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: 44;ew~ ,k ' Place Notary Seal Above Si ature of Notary Pu i 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer- Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Top of thumb here Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here F-1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ................,.I— a........-..y-y.i-ovv-uo rvv IMMY l1-buu-t$fb-btszi) Item #5907 JOB NO. 10-10 MAY 26, 2010 PARCEL "B" FXHIRIT "A" THE SOUTHWESTERLY ONE-HALF OF LOTS 4 THROUGH 10 INCLUSIVE, IN BLOCK 4 OF CARDIFF, COUNTY OF SAN DIEGO, MAP NO. 1298, FILED NOVEMBER 14, 1910. TOGETHER WITH THE VACATED ALLEY IMMEDIATELY ADJOINING SAID LOTS 4 THROUGH 8 ON THE SOUTHWEST. ALSO THAT PORTION OF THE NORTHEASTERLY HALF OF THE ALLEY IMMEDIATELY ADJOINING SAID PORTION OF LOTS 9 AND 10 ON THE SOUTHWEST. EXCEPTING FROM SAID PORTION OF LOTS 9 AND 10 AND SAID PORTION OF THE ALLEY ADJOINING THAT PORTION THEREOF LYING SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF THE COUNTY ROAD 40.00 FEET IN WIDTH SHOWN AS ROAD SURVEY 1132, FILED IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY, THE CENTER LINE OF SAID COUNTY ROAD BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF LOT 8 IN SAID BLOCK 4, DISTANT THEREON N 31°12 W (REC N 31°10') 55.66 FEET FROM THE MOST EASTERLY CORNER OF LOT 10 IN BLOCK 4; THENCE S 22°42'W 29.49 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE SOUTHWESTERLY LINE OF LOT 10 IN SAID BLOCK 4. D up C * ~ E.p..lgl3Ao j. O No. 5755 df qlF JOB NO. 10-10 MAY 26, 2010 5' R/W EXHIBIT "B" AN EASEMENT AND RIGHT OF WAY BEING 5.00 FEET IN WIDTH FOR THE PURPOSES STATED HEREIN, OVER, UNDER, ALONG AND ACROSS THOSE PORTIONS OF THE SOUTHWESTERLY ONE- HALF OF LOTS 9 AND 10, IN BLOCK 4 OF CARDIFF, COUNTY OF SAN DIEGO, MAP NO. 1298, FILED NOVEMBER 14, 1910 AND THE VACATED ALLEY IMMEDIATELY ADJOINING SAID LOTS 9 AND 10 ON THE SOUTHWEST, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE NORTHEASTERLY BOUNDARY LINE OF THAT PARCEL SHOWN ON RECORD OF SURVEY MAP NO. 17366, SAID ANGLE POINT BEING FORMED BY THE COURSES OF N 59°26'18" E 7.50' AND S 30°29'28" E 75.52'; THENCE ALONG SAID NORTHEASTERLY BOUNDARY LINE, SOUTH 30° 29'28- EAST, A DISTANCE OF 24.44 FEET TO THE TRUE POINT OF BEGINNING, BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 175.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 35-14'11-EAST, SAID CURVE BEING 5.00 FEET NORTHWESTERLY AND CONCENTRIC WITH THE NORTHWESTERLY LINE OF COUNTY ROAD SURVEY NO. 1132 (40' WIDE) KNOWN AS SAN ELIJO AVENUE AND SHOWN ON RECORD OF SURVEY MAP NO. 15268; THENCE NORTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 70.81 FEET THROUGH A CENTRAL ANGLE OF 23° 11'00" TO THE EASTERLY LINE OF SAID SOUTHWESTERLY ONE-HALF OF LOT 9, BLOCK 4; THENCE SOUTH 30° 27'30" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF 5.64 FEET TO SAID NORTHWESTERLY LINE OF SAN ELIJO AVENUE, BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 57° 34'41" EAST; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF SAN ELIJO AVENUE, AN ARC DISTANCE OF 70.60 FEET THROUGH A CENTRAL ANGLE OF 22° 28' 25" TO SAID NORTHEASTERLY LINE OF THAT PARCEL SHOWN ON RECORD OF SURVEY MAP NO. 17366; THENCE NORTH 30° 29' 28" WEST, A DISTANCE OF 5.02 FEET TO THE TRUE POINT OF BEGINNING. ~ys~ J G RSA -r v -r Exp. No. 5'755 Q ~TATF OF Z~z 05:~" EXHIBIT 'C' SKETCH TO ACCOMPANY LEGAL DESCRIPTIONS CITY OF ENCINITAS ss U-) O 00 DETAIL ssX . 825,E r'~ NO SCALE 04"- r7* 00, % ~iQq~ ~9pJ \ % cP \t~~° 5.64' 061, / A SCALE 1'-40' \61,, / S597 50' 8"W \ \ ~R=1075.00' P~ ~ ~ -1~ c'~ A=23'1 1'00~~ % L yJ ' ~i % c~9 ~L=70.60' T. P.O. B. - R=180.00' / 0=22°28'25" % ca L9 5.02' N 30°29'28" W PARCEL "A". / % % A.P.N. 2§1 - 142-19 O co ,~54rO O PROPOSED 5 EASEMENT FOR d~ 4000 Oo PUBLIC STREET RK!HT OF WAY % % o ;Op, L/!!1G SC~~ pCK 9- RF % / r'~ T + ~Zm ABANDONED \ s / `0,', * °Exp% ALLEY \A.P. N. 261-1-42-18 O No. 5755 29$ 2`~~\ ` c9 / % qTF OF CAL SAP `~o~ PARCEL 'B' ` mod, % SEE DETAIL ABOVE / O ' \-\A~..N. 261-142-17- % A 5268 1 PREPARED BY. V S 59°26'18° o s TerraDataAZ 7.50' P. O. BOX 643 1366 SONOITA, AZ 85637 S / L=70.60 760-525-0264 R=180.00' 0 0=22°28'25„ DATE SIGNED N 30°29'28" W ~O j DALE A. GREENE, L.S. 5755 29.45' JOB NO. 10-10 REG. EXP. 6/30/2010 JUNE 3, 2010 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 Grantor 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.