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Recording Requested By: ) APR 19, 2011 3:54 PM
OFFICIAL RECORDS
City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
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When Recorded Mail to: FEES: o
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City Clerk ) PAGES: 10
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
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~0~~ PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT
Assessor's Parcel No: 259-282-09 Case 10-167 CDP
ppIMENTARY TRA&SMR TAX
Christopher P. Bausch and Cynthia T. Bausch, Husband and Wife as Community
Property,. 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):
1,-- go), d,__
Christopher P. .u h
Cynthia T. Bausch
L/1,1///
Date
Date
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 e grant on is o recordation thereof by its duly authorized officer.
Peter Cota-Robles Date
Director of Engineering Services
City of Encinitas
EXHIBIT A
LEGAL DESCRIPTION
THE WEST HALF OF LOT 10 IN BLOCK "N" OF AVOCADO ACRES UNIT NO. 7, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 2138, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 7, 1928.
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EXHIBIT B
LEGAL DESCRIPTION
OF EASEMENT
THAT PORTION OF THE WEST HALF OF LOT 10 IN BLOCK "N" OF AVOCADO
ACRES UNIT NO. 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2138, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 7, 1928,
DESCRIBED AS FOLLOWS:
THE NORTHERLY 5.00 FEET OF THE SOUTHERLY 10.00 FEET OF LOT 10 OF SAID
MAP NO. 2138.
TOGETHER WITH THAT PORTION OF LOT 10 LYING SOUTHWESTERLY OF A
20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY BEING TANGENT TO
THE EASTERLY LINE OF THE WESTERLY 8.00 FEET AND THE NORTHERLY LINE
OF THE SOUTHERLY 10.00 FEET OF SAID LOT.
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EXHIBIT C
EASEMENT PLAT
LOT 20 BLK M
MAP N0. 2138
STREET DEDICATION PER /
DOCUMENT 2010-0470574
RECD. SEPT. 7, 2010 OF O.R
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SCALE: 1 40'
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BLK N
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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.
ACKNOWLEDGMENT
State of CalIf~ la
County of t~Y,(n e(, c) )
On o~0 before me,
(insert name and title of the o cer
personally appeared U'SID Y1-(' 1 . t)&u scA1
who proved to me on the basis of satisf ctory evidence to be the persono o whose namew is/afe
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/I eir authorized capacity(i"), and that by his/heFAheoir signature(#) on the instrument the
person4), 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.
I cLAUDwA. MITCHELL-GINGHAM
J Commission No.1863248 c"
v - NOTARY PUBLIC -CALIFORNIA
SAN DIEGO COUNTY
Commission Expires AUG 30, 2013
Signature 1 S I)
ACKNOWLEDGMENT
State of Calif is
County of ~1-1!C o )
On l ( before me, \~,I(J A<I`1
(insert name and title of the
personally appeared
who proved to me on the basil of satisfactory evidence to be the person(*o whose name(s) is/am
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(iW, and that by hts/her/04e+i; signature6o on the instrument the
person(), or the entity upon behalf of which the person(p) 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. CLAUDIAA. MITCHELL-BINGHAMi
J Commission No. 1863248 0
Ca NOTARY
PUBLIC -CALIFORNIA
f SAN DIEGO COUNTY
Commission Expires AUG 30, 2013
Signature Seal)
Tul'~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of d~w o 1 E~i O
On r1 ) 1 PZJ before me, AIOA A4 IL. 141A_LJDL)/? A)OMR y Py6Ll C
Date Here Insert Name and Title of the Officer
personally appeared 6,71M Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)6)are
- - - - - subscribed to th within instrument and acknowledged
f • RANDA GAIL MILLJOUR to me thathe/they executed the same in
Commission #1916144 < is er/their authorized capacity(ies), and that by
Notary Public -California i her/their signature(s) on the instrument the
> - ' San Diego County A person(s), or the entity upon behalf of which the
My Commission Exp. Jan. 6, 2015 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.
Signatur ~
Place Notary Seal Above OPTIONAL Signature of Notary Public
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
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
~I
Number of Pages:
2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907