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
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C) \s W. co L~
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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