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2012-71204DOC # 2012-0071204 ~~~11111Ohl11h~~~~~~~~~~~~~~~~~~ ~~~~~~~IN 14~ l7 Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FEB 07, 2012 4:04 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr , COUNTY RECORDER FEES 0 00 PAGES: 9 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY IRREVOCABLE OFFER OF DEDICATION: PUBLIC SEWER EASEMENT Assessor's Parcel No: 257-011-39 " Case* 10-162 TPM Travis T. Jones, a single man as to an undivided 25% Interest and Steven Jones and Geri Jones. Trustees of The Steven and Geri Jones 2003 Trust dated 02/06!2003 as to an undivided 75% Interest, 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 irrevocably offer to grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Sewer Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-54 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( Ak.4 ~~1albol-3bwes Date Date I-zs-~ Date tKA G c,; C ~KK 5Cf.1vS Signature of "GRANTOR(S)" to be notarized. Attach the appropriate acknowledgments. GRANTEE: 76 9121 I. sebmer A K-Ar Sl ewe.. ~e.~~>' - S 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 REJECTED 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 grantee consents to recordation thereof by its duly authorized officer. The IRREVOCABLE OFFER OF DEDICATION shall remain open indefinitely and shall be subject to future acceptance by the City of Encinitas. q'W M, ~4~- Laimiea A. Watt Interim Director of Engineering Services City of Encinitas Z= --I 2-- Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, Date personally appeared VY041j j Name(s) of Signer(s) 1 - RANDA GAIL MILLJOUR v Commission #1916144 < IY Notary Public - Californij > San Diego County A My Commission Exp. Jan. 6, 2015 who proved to me on the basis of atisfactory evidence to be the person(s) whose name(Me subscribed to the ~AiAthin instrument and acknowl ged to me that e/they executed the s i hi &r/their authorized capacity(ies), and that his/ r/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 Signature &14__) Place Notary Seal Above Signa r 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 ❑ Individual ❑ Corporate Officer - Title(s) ❑ Partner - ❑ Limited ❑ General _ ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other Signer Is Representing: Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer - Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other- Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder' Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of _~(Ay1 D ICatU Onklmi 2CJ 2 1'2 before me, (Here insert name and title of tM officer) lv personally appeared , nCr l Lush J Or1Q 5 JGn -rck\ JODI&jrWS, TCAir \ 5 I-Al O`Y,' ftDk, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4-&/are subscribed to the within instrument and acknowledged to me that Ws they executed the same in hisAter/their authorized capacity(ies), and that by homer/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. SS d official seal. W6.a Si f N ot KARM sUT CO MM" r 1941446 N*Wy Pubk - CWornls sm 0100 CW" CtiM- Jun 1 2015 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Ir>'Nocaplib nf-(rr o,~ drd(cahc (Title or description of attached document) Ptn bl l c SP vie' 645-t qvy-74- (Title or description of attached document continued) Number of Pages -4- Document Date Z~ 2x)J2 (Additional information) CAPACITY CLAIMED BY THE SIGNER Individual& U Corporate Officer (Title) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer) Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheAhey, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY BEING A PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, SOUTH 89°03'38" EAST [SOUTH 89°44'00" EAST RECORD PER RECORD OF SURVEY MAP NO. 6481, RECORDED NOVEMBER 9, 1964 AS FILE NO. 204370 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY], 63.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE, SOUTH 89°03'38" EAST, 402 73 FEET; THENCE SOUTH 00°56'22" WEST, 163.11 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE WESTERLY ALONG SAID LINE NORTH 88°58'26" WEST, 408.30 FEET TO A POINT ON THE ARC OF A NON TANGENT 1172.00 FOOT RADIUS CURVE CONCAVE EASTERLY THROUGH WHICH POINT A RADIAL LINE BEARS SOUTH 87'52'17" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 49'01", AN ARC DISTANCE OF 16.71 FEET; THENCE TANGENT TO SAID CURVE, NORTH 02°56'45" EAST, 145.88 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPERTY BEING DESCRIBED AS PARCEL "A" OF CERTIFICATE OF COMPLIANCE, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOCUMENT NO. 2002-0389117, RECORDED MAY 8, 2002. No. 00283 2~ Exp.. ~ ! C EXHIBIT "B" LEGAL DESCRIPTION OF PUBLIC SEWER EASEMENT ALL THAT PORTION OF PARCEL "A" OF CERTIFICATE OF COMPLIANCE, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOCUMENT NO. 2002-0389117, RECORDED MAY 8, 2002 BEING DESCRIBED AS FOLLOWS: THE SOUTHERLY 10.00 FEET OF THE ABOVE DEFINED PARCEL "A" AND MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THE ABOVE DESCRIBED PARCEL "A" OF CERTIFICATE OF COMPLIANCE NO. 2002-0389117; THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID PARCEL "A", ON THE ARC OF A NON TANGENT 1172.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE THROUGH THE START OF SAID CURVE BEARS SOUTH 87°52'87' EAST, THROUGH A CENTRAL ANGLE OF 00°29'20", AN ARC DISTANCE OF 10.00 FEET; THENCE LEAVING SAID WESTERN BOUNDARY, SOUTH 88°58'26" EAST, 408.05 FEET TO ITS INTERSECTION WITH THE EASTERN BOUNDARY OF SAID PARCEL "A"; THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY, SOUTH 00°56'22" WEST, 10.00 FEET TO ITS INTERSECTION WITH THE SOUTHERN BOUNDARY OF SAID PARCEL "A", SAID POINT ALSO BEING THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL "A"; THENCE WESTRLY ALONG THE SOUTHERN BOUNDARY OF PARCEL "A", NORTH 88°58'26" WEST, 408.30 FEET TO THE POINT OF BEGINNING, ALL AS SHOWN IN ATTACHED EXHIBIT "C" AND MADE A PART HEREOF. No C02V02 Exp ;I P EXHIBIT "C" CITY OF ENCINITAS N SCALE ~ P'-60' S 89'03'38" E 402.73' a z w Q c~ _J Q of -ej A \D 32' 28' w PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED MAY 8, 2002, FILE #2002-0389117 co APN 257-01 1-39 00 Lo L6 0=00'49'01" N `t R=1 172.00' L=16.71' Z A=00'29'20" S 00'56'22" W \ R=1172.00 10.00' L=10.00' S 88'58'26" E 408.05' ~~A a s IAI BLVD a N 88'58'26" W 408.30' 10' IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC SEWER PURPOSES GRANTED HEREON PUBLIC SEWER EASEMENT SITE a V) w z o o ~ I z V,\ '5 ~ d VICINITY MAP NO SCALE THOM. BROS. PG. 1067 B5 PREPARED BY: N N CD cr) Lo b O THE SEA BRIGHT COMPANY 4322 SEA BRIGHT PLACE CARLSBAD, CA 92008 (760) 7720-0098 " ROBERT 0. SUKUP, RCE 28302 DATE LICENSE EXPIRES: 03/31/12 EXHIBIT "D" Terms and Conditions for Dedication of Public Sewer Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public sewer 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 the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, for ingress and egress for public sewer maintenance and repair, 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 sewer lines 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 more particularly described in the document dedicating or offering to dedicate the sewer easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. 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; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the described works of improvement. 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 or offer of dedication of sewer 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.