2010-300086V~
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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.
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No. 5755
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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.
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EXHIBIT 'C'
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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.