2010-300083Recording Requested By:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
DOC ri 20100300083
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
PUBLIC PEDESTRIAN ACCESS, DRAINAGE?, ND GENERAL UTILITY EASEMENT
V/
Assessor's Parcel No: 261-142-17 & 261-142-18 Case 10-043 COC
DOCUMENTARY TRANSFER TAX I
LAKEWOOD LIVING TRUST DATED 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, a Public Pedestrian Access,
Drainage, and General Utility Easement, subject to the terms and conditions set forth in
City of Encinitas Resolution 2009-61 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.
GRANTOR(S):
RandolO 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
Resolution of the City Council of the City of Encinitas adopted on November 9, 1994
and ante nse
7 recordation thereof by its duly authorized officer.
/k//o
Peter Cota-Robles Date
Director of Engineering Services
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California/1 "
County ofd
On(~Q 81.O/O before me,'T iq 4. /L//-GTa (j 2r 1,)677K y ) j( l G ,
Date Here Insert Name and Title of the Officer
personally appeared 6WE2E YUCK
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose names is/ re
subscribed to the within instrument and acknowledged
to me that (Qhe/they executed the same in
RANDA Mtl000R1 ger/their r/their authorized capacity(ies), and that by
Commission$170S664 signature(s) on the instrument the
Notary Public . person(s), or the entity upon behalf of which the
5 San ae9o can+ey person(s) acted, executed the instrument.
My Commission Exp. Jan. 6, 2011
M!1
1 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:
/ 1
Place Notary Seal Above OPTIONAL SignatuiVof Notary Public V
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:
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Individual
Top of thumb here ❑ Partner - ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of J?n &
On AC Z ,-060 before me,i~49f1 6. 01&4V7 ale, .t~dow l 4J64-rc
Date Here Insert Name and Title of the Officer
personally appeared 106-aw 607~4 - BL S
Name(s) of Signer(s)
who proved to me on the basis of satisfac ory
evidence to be the person(s) whose name(sare
subscribed to th within instrument and acknowledged
to me that he/they executed the same in
is er/their authorized capacity(ies), and that by
RANDA G. MILL.IOUR i her/their signature(s) on the instrument the
iryssb Pt~n1ic - 01709664
CalMa CaWonn ia person(s), or the entity upon behalf of which the
~
San Di"o cowry person(s) acted, executed the instrument.
LMY Commission 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.
d~
Signature:
Place Notary Seal Above OPTIONAL Sign ure of Notary Publi
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
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
U 2009 National Notary Association - NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907
JOB NO. 10-10
MAY 26, 2010
PARCEL "B"
EXHIBIT "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.
W -zb f
JOB NO. 10-10
MAY 26, 2010
5' ESMT
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 8 AND 9, IN BLOCK 4 OF CARDIFF, COUNTY OF SAN DIEGO, MAP NO. 1298, FILED
NOVEMBER 14, 1910 AND THE VACATED ALLEY IMMEDIATELY ADJOINING SAID LOT 9 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, 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 19.42 FEET TO THE TRUE POINT OF
BEGINNING, BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 170.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 35-22'35-EAST, SAID CURVE BEING
10.00 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
71.04 FEET THROUGH A CENTRAL ANGLE OF 23° 56'30" TO THE EASTERLY LINE OF SAID
SOUTHWESTERLY ONE-HALF OF LOT 8, BLOCK 4; THENCE SOUTH 30° 27'30" EAST ALONG SAID
EASTERLY LINE, A DISTANCE OF 5.68 FEET TO A POINT ON A CURVE BEING 5.00 FEET
NORTHWESTERLY AND CONCENTRIC WITH SAID NORTHWESTERLY LINE OF SAN ELIJO AVENUE,
BEING A POINT ON A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 175.00
FEET, A RADIAL LINE TO WHICH BEARS SOUTH 58° 25'11" EAST; THENCE SOUTHWESTERLY
ALONG SAID CURVE, AN ARC DISTANCE OF 70.81 FEET THROUGH A CENTRAL ANGLE OF
23° 11'00" 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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P. O. BOX 643 1 366 j gyp, ' L=70.60'
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DATE SIGNED N 30°29'28" W gyp'
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 Public Pedestrian Access, Drainage, and General Utility Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of pedestrian access, drainage, and
general utility easement for 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 pedestrian access and use, for drainage, and for 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, 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.
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 of pedestrian access, drainage, and general utility
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 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.