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2011-328133Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 D 0 C # 2011-0328133 1111111 IIII 1111! IIIII IIIII IIIII IIIII IIIII Illil IIIII IIIII Illli IIII III JUN 28, 2011 3:44 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., 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 gRIRGHT-OF-WAY $ 162- Assessor's Parcel No. 258-211-01 UOCU~ se # 10816 VA ER TAX Michael E. Lyon and Kevan M. Lyon, Trustees of the Lyon Family 1992 Trust dated 9/14/92, 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): Michael E. Lyon, Owner Date Trustee of the Lyon Family 1992 Trust dated 9/14/92 Kevan M. Lyon, Owner Date Trustee of the Lyon Family 1992 Trust dated 9/14/92 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 t e an c thereof by its duly authorized officer. Peter Cota-Robles Date Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of.~?`ij'Z On l9 %2011 before me, -TWjox lsy/ . A114,Lw JIe, Xlrji '1 t'3LlC Date Here Insert Name and Title of the Officer personally appeared P£T~1C' 0779- ~?06!_,€ s Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(so::jDare F subscribed to the within instrument and acknowledged O~Zt' RANDA GAIL MILLJOUR me tha~she/they executed the same in ommission #1916144 < N C (r Notary Public California i er/their authorized capacity(ies), and that by > San Diego County 4 /her/their signature(s) on the instrument the My Commission Exp.-Jan.-6,-2015 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. Signature: 7 Place Notary Seal Above 9 nature 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 Signer's Name: ❑ Corporate Officer- Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ Attorney in Fact ❑ Trustee El General Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: V ZVUa Nauonai Notary Association - NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County oN-jan 1Q Cd iq~9 Q011 before me~ bQ 1 L lu l LU2, y ~U BL,~G Date Here Insert Name and Title of the Officer personally appeared AfidWAFL. E . QirtaG e,6Vi4" 14- t YON Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i re subscribed to the within instrument and acknowledged to me tbzI he/she executed the same in RANDA GAIL MILLJOUR his/heosor authorized capacity(ies), and that by `r Q Commission #1916144 < his/he signature(s) on the instrument the Notary Public California personthe entity upon behalf of which the nty San Diego Coul A person(s) acted, executed the instrument. My Commission Exp. Jan. 6, 2015 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 nature of Notary ublic 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 Top of thumb here ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: Number of Pages: ❑ Corporate Officer- Title(s): ❑ Individual ❑ Partner - ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 0 2009 National Notary Association • National Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 April 20, 2011 Page 1 of 2 EXHIBIT `A' LEGAL DESCRIPTION FOR A.P.N. 258 - 211 - 01 LOT 1 IN BLOCK "B" OF STURGES AND RATTON'S SUBDIVISION OF EAST BLOCK 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 19, 1887, ALSO THAT PORTION OF UNNAMED STREET LYING BETWEEN THE EASTERLY LINE OF SAID LOT 1, AND THE WEST LINE OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, THE NORTHERLY AND SOUTHERLY BOUNDARY LINE OF SAID PORTION BEING THE EASTERLY EXTENSION OF THE NORTHERLY AND SOUTHERLY BOUNDARY LINES OF SAID LOT 1. April 20, 2011 Page 2 of 2 EXHIBIT `B' LEGAL DESCRIPTION FOR STREET DEDICATION THAT PORTION OF THE UNNAMED STREET IN BLOCK "B" OF STURGES AND RATTON'S SUBDIVISION OF EAST BLOCK 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 19, 1887, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF SAID WEST LINE OF SECTION 15 AND THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 1, AS SHOWN ON SAID RECORD OF SURVEY NO. 13539; THENCE ALONG SAID EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LOT 1 SOUTH 83°16'00" WEST 6.12 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 44°35'04 EAST; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE 15.68 FEET THROUGH A CENTRAL ANGLE OF 44°54'56" TO A POINT ON SAID WEST LINE OF SECTION 15; THENCE ALONG SAID SECTION LINE NORTH 00°30'00" EAST 9.52 FEET TO THE WESTERLY QUARTER CORNER OF SAID SECTION 15; THENCE CONTINUING ALONG SAID WEST LINE OF SECTION 15 NORTH 02°11'32" EAST 5.27 FEET TO THE POINT OF BEGINNING. CONTAINS 28 SQUARE FEET, MORE OR LESS.'''`""' O Ex?-'1 j3111L v EXHIBIT 'C' STREET DEDICATION 0 N^ J v v)„ PORTION OF UNNAMED STREET PER Lo MAP NO. 33 DEDICA TED TO THE Cl FY OF ENCINI TAS HEREON - F STREET TP.0.8. - (N8316'00"E 141.97) 6,12 _ , P.O.B. INTERSECTION W'L Y LINE SEC 15 & E'L Y PROLONGA 710N N'LY LINE LOT 1 X135.85' <100> _ N44_35'04'E (R)/ i/ _ N8!KV00'E1~ R Z v~U^ I 205456v~~i ~ ~ w Iox 20') I v ~v~ xf9 a z O -I 41 to , (40') <100_~ "E 136.30') w i = (N83'16'39 ~j~ L A Z 2- ~~v I w LEGEND : ( ) INDICATES RECORD DATA PER ROS 13539 < > INDICATES RECORD DATA PER MAP N0. 33 ® INDICATES PORTION OF UNNAMED STREET PER MAP NO. 33 DEDICA TED TO THE CITY OF ENCINI TAS HEREON (AREA=28 SF) 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.