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2012-1474240~ ~01 4 Recording Requested By- City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC tt 2012-0147424 111111 IN 111111111111111111111111111111111111111111111111111111111 MAR 13, 2012 4:20 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr , COUNTY RECORDER FEES 0.00 OC. NA PAGES: 14 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No. 258-211-08 / Case # 11125-VA Qn RA r cane MR , ar~ James Don Wilson II and Collette E. Wilson hereinafter cane 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, attached and made a part hereof, the real property described as follows 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. GRAN R(S). /dames Don Wilson II, Owner Collette E Wilson, Owner -o-k2 Date 2Z- Ib /2- Date Signature of "GRANTOR(S)" to be notarized. Attach the appropriate acknowledgments CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S ^e~^l'c (2~,rc~~~ rr r~Kra~nfr~.n.-~r~ n~4isCsGY^~C of3i;S 7~e`rcvC~^c~"^'^ ~ana~ Fi2cYC ~c7 State of California County of SAN DIEGO On 2 before me, - Pate Here a e and Title of the icer personally appeared jrj, 14 Name s) of igner(s) who proved to me on the basis of satisfactory evidence to be the personM whose name(~'is/aXsubscribed to the within instrument and acknowledged to me that JESSICA FRENES he/sh6/t4y executed the same in his/Vr/tl 4ir authorized Commission # 1936332 capacity(i94, and that by his/hef/ l wk signature on the i Notary Public - California > instrument the person, or the entity upon behalf of z San Diego County which the person) acted, executed the instrument. M Comm. Ex ires May 13, 2015 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y and d official seal. Signat e Place Notary Sea Above Signature of Notary Public OPTIDNA Though the information below is not required by taw, it may pro vat b persons retying on the document and could prevent fraudulent removal and reattachmen this form to another document. Description of Attached Document Title or Type of Document: -cj~_k-"Z~r 11 t l Document Date: Z. Number of Pages: Signer(s) Other Than Named A ove: NSA Capacity(ies) Claimed by Signer(s) Signer's Name: Individual C Corporate Officer- Title(s): _ ❑ Partner - J Limited J General ❑ Attorney in Fact -3 Trustee Guardian or Conservator Other- Signer Is Representing Top of rhumb here i Signer's Nat ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner -,r] Limited L_ General ❑ Attorney in Fact Trustee Guardian or Conservator 'I Other Signer Is Representing Top of thumb here EXHIBIT "B" EAST "G" STREET DEDICATION LEGAL DESCRIPTION BEGINNING AT THE SOUTHWESTERLY CORNER OF THE NORTHERLY 7.5 FEET OF "G" STREET LYING SOUTHERLY OF AND ADJOINING LOT 9 OF BLOCK B OF STURGES AND RATTAN'S SUBDIVISION OF EAST BLOCK 7, ENCINITAS, 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, AS SAID NORTHERLY 7.5 FEET OF "G" STREET WAS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, RECORDED JULY 15, 1948 IN BOOK 2874, PAGE 245 OF OFFICIAL RECORDS; RUNNING THENCE ALONG THE PROLONGATION OF THE WESTERLY LINE OF SAID BLOCK B NORTH 06°38'46" WEST 1.67 FEET TO THE INTERSECTION OF SAID PROLONGATION WITH A 20.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST, WHICH IS TANGENT TO THE SOUTHERLY LINE OF SAID NORTHERLY 7.5 FEET OF "G" STREET AND TO A LINE PARALLEL WITH AND DISTANT 12.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE WESTERLY LINE OF SAID BLOCK B; THENCE EASTERLY 8.23 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°34'57" TO THE POINT OF CUSP WITH THE SOUTHERLY LINE OF SAID NORTHERLY 7.5 FEET OF "G" STREET; THENCE ALONG SAID SOUTHERLY LINE SOUTH 83°20'58" WEST 8.00 FEET TO THE POINT OF BEGINNING. PREPARED BY: ~pJ. FWD ~T0R fir a_ px BLAKE E. TOR S N, PLS 8548 PLS 85485 , _ 2 -4-17 EXHIBIT "C" SHEET I OF2 EAST G STREET DEDICA TIONPLA T I ' 40.00 LOT 11 I 40.00' ' MAP 33 20.00' BLOCK 78, I 28.00 EAST I LOT 10 J ~ S83°21'1 4"W 12 00' 100 00' E 3°20'1 ~ N8 J . LLJ o ~ L Q 12 .00 L-28.00 40.00 _ LOT 9 & S'LY 20' OF , LOT 10 & WLY 7 5' m o I O , . OF G STREET 00 J w PROPOSED o °0I LOT 9 1 z 1 RIGHT-OF-WAY ' - _ - ALIGNMENT Z _ - - - - - - - L=31.42' ' mom am 1 ~'3°2 ~0~58-E 100.00 N8 w - - R=20.00 N 0=90'00'16 PORTION OF G ST VACATED PER o 1 DOCUMENT REC. JULY 15, 1948 DEDICATION IN BOOK 2874, PAGE 245, O.R. _ SEE DETAIL ON SHEET 2 _ _ - EAST G STREET N o •vl EAST BLOCK 8B, MAP 33 J 0 VICINITYMAP (NTS) N W E S 0 30 60 AS 1-24-IZ &ASSOCIATES 535 N Coast Highwav 101 Ste A Solana Beach, CA 92075 ph 858.259.8212 1 fx 858.259 4812 plsaengineering.com EXHIBIT "C" SHEET2 OF2 EAST G STREET DEDICA TIONPLA T W 12 00' LOT 9, & S'LY 20' 1 OF LOT 10, & N'LY z 1 7.5' OF G STREET 7 1 , N83°21'14"E -20.00 - , L=31.42' 1 R=20.00' -7 1 A 90'00'16" 7 ' ~o 0 0 'o ' N i W O 1 O- i i i PROPOSED L=8.23' RIGHT-OF-WAY ALIGNMENT R=20.00' =23'34'57" A N6'38'46"W 1.67' STREET \ --S83'20'58"W 8.00' DEDICATION 4 S. F. N W E S 0 30 60 EAST G STREET . PASCa LARET -A"', 535 N Coast Highway 101 Ste A Solana Beach, CA 92075 ph 858.259.8212 1 lx 858.259 4812 1 plsaengineering.com EXHIBIT "D" RESOLUTION 2009-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA ADOPTING TERMS AND CONDITIONS RELATIVE TO A GRANT OF EASEMENT FOR PUBLIC STREET RIGHTS-OF-WAY WHEREAS, the City of Encinitas Engineering Services Department has prepared an Engineering Design Manual to guide the public and professionals in the submittal of required material to the Engineering Services Departments for the processing of Engineering permits, grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water designs; and WHEREAS, the appendix of the Engineering Design Manual contains documents that list terms and conditions associated with the granting and maintenance of specified public easements, and NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as follows- SECTION 1: ADOPTION OF TERMS AND CONDITIONS RELATIVE TO A GRANT OF EASEMENT FOR PUBLIC STREET RIGHTS-OF-WAY TERMS AND CONDITIONS RELATIVE TO A GRANT OF EASEMENT FOR PUBLIC STREET RIGHTS-OF-WAY, Attachment 1 to this resolution, is hereby adopted by the City Council and is to become a part of each recorded document used by the City of Encinitas when an easement for the stated purpose is granted to the City of Encinitas SECTION 2: ENVIRONMENTAL FINDING: The City Council, in their independent judgment, finds that the adoption of language, setting forth terms and conditions relative to a grant of a public easement will be exempt from Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no possibility of a significant effect on the environment because the granting of the public easement will not directly result in development; any development permit associated with the granting of the public easement may be subject to CEQA review and analysis as part of the processing of the permit. SECTION 3: EFFECTIVE DATE: This resolution was adopted on October 28, 2009 and will immediately become effective PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit: AYES Barth, Bond, Dalager, Houlihan, Stocks. NAYS: None. ABSTAIN: None. ABSENT. None. ~yojl-l Maggie o than, Mayor ATTEST Deborah Cervone, City Clerk 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 rrevocably 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L6~W { C~5Q On AA before me, //V ate Here Insert Name an Title the Officer personally appeared ~bullil& vat who proved to me on the basis of satisfactory evidence to be the person(sywhose name~41s/axe subscribed to the within instrument and acknowledged to me that hefshe/they-executed the same in his/her/the+r authorized capacity4es); and that by-hWher/them signatureW-on the j)AWl,jAKMOTTS instrument the persons) or the entity upon behalf of "m commission #F 1910882 which the person~%acted, executed the instrument. Z a Notary Public - California z z San Diego County ' I certify under PENALTY OF PERJURY under the laws Coen. ss Oct 29, 211 1 of the State of California that the foregoing paragraph is true and correct WITNES y hand and official seal Signature Place Notary Seal Above Signature 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 Number of Pages 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 ❑ Guardian or Conservator ❑ Other Signer Is Representing • Top of thumb here Signer's Name ❑ Individual ❑ Corporate Officer - Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing .1101M IN NOW11 • Top of thumb here ©2007 National Notary Association •9350DeSoto Ave P0Box2402-Chatsworth, CA91313-2402-wwwNabonalNotary org Item #5907 Reorder Call Toll-Free 1 -800-876-6827