2011-204400DOC 2011-0204400
1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III
APR 19, 2011 3:54 PM
Recording Requested By: } OFFICIAL RECORDS
} SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest
EES: J. Dronen60.0o Jr., COUNTY RECORDER
City of Encinitas } F
OC: NA
When Recorded Mail to: ) PAGES: 8
City
ity ofClerk
Encinitas ) (IIIIIIIIIIIIIIIIIIIII
C
505 South Vulcan Avenue 1111111111111111111111111 IN IN
Encinitas, CA 92024 Q) ~"tSPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
EASEMENT FOR PUBIC STREET RIGHT-OF-W
01~~ 2-58-"l-0 , Dm1aN~~x I Ruvuma
5la Assessor's Parcel No: Case 08-066 TM
No.:10528-G, I.
6EAC14 s TRCE-r NtAWTENA1,1CC- Cc(2ZP.
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.
GRANTOR(S :
Grantors Name a Vested, Owner Date
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Grantors Name as Vested Owner Date
: HA r_>R 4HR1671A4C
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 QE te onse o recordation thereof by its duly authorized officer.
it ~/a
.M Peter Cota-Robles Date
Director of Engineering Services
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOT 39 OF ENCINITAS TRACT 02-211, AS SHOWN ON MAP 14751, RECORDED MARCH 11, 2004, AS FILE
NO. 2004-0200787, IN THE OFFICE OF THE COUNTY RECORDER OF San Diego COUNTY, BEING WITHIN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
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AR AND A. MAROIS, X5941/ DA E
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EXHIBIT "B"
REQUEZA STREET DEDICATION
ALL THAT PORTION OF LOT 39 OF ENCINITAS TRACT 02-211, AS SHOWN ON MAP 14751, RECORDED
MARCH 11, 2004, AS FILE NO. 2004-0200787, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, BEING WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 39; THENCE NORTHERLY ALONG THE EAST LINE
OF SAID LOT, NORTH 1°03'15" EAST, A DISTANCE OF 6.74 FEET (RECORD: N. 1°03'39" E., MAP 14751), TO
AN INTERSECTION WITH THE NORTH LINE OF LANDS TO CALIFORNIA DEPARTMENT OF
TRANSPORTATION, AS DESCRIBED IN DOCUMENT RECORDED JANUARY 3, 1962, AS FILE No. 001038 OF
OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID NORTH LINE, NORTH 87°02'57" WEST, A DISTANCE
OF 5.00 FEET (RECORD: N. 87°02'28" W., DOC 001038); THENCE LEAVING SAID NORTH LINE, SOUTH
45°19'42" WEST, A DISTANCE OF 9.64 FEET, TO THE SOUTHWEST CORNER OF SAID LOT 39, ALSO BEING
A POINT ALONG THE SOUTH LINE OF SAID MAP 14751; THENCE EASTERLY ALONG SAID SOUTH LINE,
SOUTH 88°51'51" EAST (RECORD: 5.88°56'21" E., MAP 14751), A DISTANCE OF 11.73 FEET, TO THE
POINT OF BEGINNING.
SAID LAND CONTAINS 57 SQUARE FEET
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K:\Land Projects 3\492-1148-600\Legals\encinitas dedication-Lot 39 Map 14751-Exhibit B
EXHIBIT IICII
REQUEZA STREET DEDICATION
SOUTH UNE,
MAP 14751
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LOT 39
(OPEN SPACE)
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EAST UNE
LOT 39, MAP 14751
NORTH UNE, PORTION
GRANTED TO THE STATE OF
CAUFORNIA, DOCI 001038,
REC. 1-3-1962 OF O.R.
N88'57'51"W 11.73'1
(N88'56'21"W, 11.73')
C. REQUEZA STREET (PUBLIC)
LAND SG~ts'
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NO. LS 5941
EXPIRES
12/31/2010
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AR 0 A. MAROIS . L. S. 15941 DATE
f~/Z `Zp/ p 10' 5' 0' 10'
SCALE: 1" = 10'
DD1 INDICATES CALTRANS EASEMENT
PER DOC.1 001038,
REC:1-3-1962 OF O.R.
® DEDICATED AREA
( ) RECORD DATA PER MAP 14751
UNLESS OTHERWISE NOTED
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Projects 3\761-1148-400\dwg\EXHIBI
N1'03'15'E 6.74'
(N1 '03'39"E, 6.74')
P.O.B.
SE CORNER
LOT 39, MAP 14751
bhA,inc.
land plamky, Cm erletm ft, sunawg
5115 AVENIDA ENCINAS
SUITE 'L'
CARLSBAD, CA. 92008-4387
(760) 931-8700
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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.
CALIFORNIA ALL-:PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF --AV 1__YF_4~ C)
~I4TJyc,~P'4 f~l ' 4 jG
On /,/Vas '69e 8 n before me, ~'rmke X.
DATE INSERT NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC
personally appeared, /,~4NiEL 16_61LAVVE ,~iNC.4(7E , A/Q
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/leer/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
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.
V (SEAL)
NOTARY PUBLIC SIGNATURE
DAGMAR K. MATSUUR
U
COMM. # 1829382
NOTARY P
UBLIC - CALIFORNIA
SAN DIEGO COUNTY n
N` COMM. EXPIRES JAN. 5 2013 j
OPTIONAL INFORMATION
THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOTARIZED DOCUMENT.
TITLE OR TYPE OF DOCUMENT F,*6, ,4jEit! T FO,C 6r~~T
DATE OF DOCUMENT /8 l.&.1 c) NUMBER OF PAGES
T
SIGNERS(S) OTHER THAN NAMED ABOVE
SIGNER'S NAME
RIGHT THUMBPRINT
SIGNER'S NAME
RIGHT THUMBPRINT
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