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2011-502398Recording Requested By: i City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC# 20110502398 SEP 27, 2011 3:39 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 RIGHT-OF-WAY DOCUMENTARY TRANSFER TAX ~ e2-- Assessor's Assessor's Parcel No: 254-221-29-00 Building Permit 11-621 BARBARA V. GALAGUSZ, AS TRUSTEE OF THE GALAGUSZ 2004 TRUST DATED JUNE 9, 2004, 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: attached and made a part hereof, the real property 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 SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR B RBARA . GALAGUSZ q- 2 4 -1 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 the gra consents to recordation thereof by its duly authorized officer. ~Lawren att Date /1n Interim Engineering Director City of Encinitas EXHIBIT 'A' LEGAL DESCRIPTION OF PROPERTY THE SOUTHERLY 80.00 FEET MEASURED ALONG THE EASTERLY AND WESTERLY LINES THEREOF OF LOT 9 IN BLOCK 3 OF SOUTH COAST PARK NO. 4, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2049, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 26, 1927. EXCEPTING THEREFROM THE WESTERLY 20.00 FEET THEREOF. APN: 254-221-29-00 ADDRESS: 158 JUPITER STREET, ENCINITAS, CA PREPARED BY ME OF UNDER MY DIRECTION ,.~,{,1./Y • ~ ~ ' ^ a`' ~'/COY t' DENNIS W. GOOD LS 8084 EXHIBIT 1131 LEGAL DESCRIPTION OF RIGHT-OF-WAY DEDICATION THE SOUTHERLY 5.00 FEET OF THE SOUTHERLY 80.00 FEET MEASURED ALONG THE EASTERLY AND WESTERLY LINES THEREOF OF LOT 9 IN BLOCK 3 OF SOUTH COAST PARK NO. 4, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2049, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 26, 1927. EXCEPTING THEREFROM THE WESTERLY 20.00 FEET THEREOF CONTAINS AN AREA OF APPROXIMATELY 400 SO. FT. ADDRESS: 158 JUPITER STREET, ENCINITAS, CA PREPARED BY ME OF UNDER MY DIRECTION DENNIS W. GOOD LS 8084 EXHIBIT „C" PLAT OF EASEMENT I i t I I r 20' 80' I POR. LOT 9 BLK. 3 SOUTH COAST PARK NO.4 SCALE: 1"-30' ASAP 2049 APN 254-221-29 c, 158 JUPITER ST. Q co 00 I L2 5' R.O.W. DEDICATION A 80' ~ N JUPITER STREET X4,0 ~AMD Svc C) \s W. co L~ 0 10 8 O 4 S A y pi C~ Of c a y\4 ° (r' c~ VICINITY MAP NOT TO SCALE NN P S~ K& S ENGINEERING, INC. Planning . Engineering . Surveying 7601 " cmw W, 1111 11100 Soo Diego; G 92106 (619) 296-5565 Fax: (619) 296-5564 JN-11-036 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. ACKNOWLEDGMENT State of California County of (1 C~-~S~C"J ) On~ J before m , IT(, (insert name and title of the personally appeared I V , Ck who proved to me on the basis of satisfactory evidence to be th rson(,o whose name( is/axe. subscribed to the within instrument and acknowledged to me that #4e/she/their executed the same in his/her/their authorized capacity(O~5), and that by his/her/their-signature(A) on the instrument the person(y), or the entity upon behalf of which the person(o 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. CLAUUwA.MiTCHELL-B iNGHAM Commission No.1883248 n NOTARY PUBLIC -CALIFORNIA w SAN DIEGO COUNTY Commission Expires AUG 30, 2013 Signat (re (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of.'Ii'w ac2qu O 2"1, 10/1 before me, ~IyOA 424/cr 44_z_- tJe_ ~tldT ~/oUrQG/G • Date Here Insert Name and Title of the Officer personally appeared khAW"AICe, A. 4V.4;r " Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument and acknowledged ghE e that (9she/they executed the same in RANDA GAIL MILLJOUR r/ their authorized capacity(ies), and that by to Commission #1916144 < er/their signature(s) on the instrument the 0 ' ,may ffi- Notary Public - California person(s), or the entity upon behalf of which the > San Diego County 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: 9! XAA. Place Notary Seal Above OPTIONAL ignature 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 ❑ 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: V 2009 National Notary Association - NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907