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2012-162626 D 0 C ## 201 2-01 62626 MAR 20, 2012 4:05 PM f OFFICIAL RECORDS Recording Requested By: ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg,Jr,COUNTY RECORDER ES City of Encinitas ) FEOC ONA When Recorded Mail to: } PAGES: 9 City Clerk ) City of Encinitas 505 South Vulcan Avenue } Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUB STREET RIGHT-OF-WAY Assessor's Parcel No: 258-241-12 end 33 Praject:06.066 CDP �\\r 10747-1 Scripps Health,a California nonprofit r)ublic benefit corporation, 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 2009-11 Case No.066 MUP/DR1EIA/CDP 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): SCRIPPS HEALTH Date joWArmstrong Date to Senior VP,Supply Chain MgmVFD&C Signature of"GRANTOR(S)°to be notarized. Attach the appropriate acknowledgments. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT fi U , State of California fi County of Do,-t On iG,,SV2_ --)before me, 13ate Here jert Name and Title of the Office personally appeared \_Pame(s)of Signer(s) fi fi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are fi subscribed to the within instrument and acknowledged fi to me that he/she/they executed the same in fi fi his/her/their authorized capacity(ies), and that by fi his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the fi person(s) acted, executed the instrument. fi fi AMI KHGAN 0 1 certify under PENALTY OF PERJURY under the fi COW. *1955478 laws of the State of California that the foregoing SAN C(o IFWNIA paragraph is true and correct. Caen.EWW Oct. 7,2015 fi WITNESS my and and official seal fi fi Signature Place Notary Seal and/or Stamp Above i Z' u r o No ry ublic cfi 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. fi Description of Attached Document fi Title or Type of Document: - "o) t-&, fi Document Date Number of Pages. fi Signer(s) Other Than Named Above '_D�!j fi Capacity(ies) ClqiTed by Siqner(s) fiSigner's Name Signer's Name fi fi Corporate Officer—Title(s) illi- �j 1-1 Corporate Officer—Title(s) Individual ❑ Individual fi ::1 Partner—❑Limited General Top of thumb here ❑ Partner—❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact F-1 Trustee ❑Trustee fi fi ❑ Guardian or Conservator ❑Guardian or Conservator -1 Other- I-Other- Signer Is Representing Signer Is Representing fi fi fi @2008 National Notary Association-9350 De Soto Ave P 0 Box 2402-Chatsworth,CA 91313-2402-www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 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 grantee consen s to recordation thereof by its duly authorized officer. zV, ZIA 3/ 1S/ 12- pPLawrence A. Watt Date Interim Engineering Director "r � City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of_ wln �Q'o On t, �S W/L before me, ,WX eW11_ &/G 40C112 ,(00 Date Here Insert Name arrd Title of the Officer personally appeared lnl'J`/ /V/f ff Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(ire subscribed to the w hin instrument and acknowl ged to me that he he/they executed the e i hi her/their authorized RANDA GAIL MILUOUR capacity(ies), and that b his/ er/their signature(s) on the Commission#1916144 < `� • instrument the person(s), or the entity upon behalf of Notary= _-• y - Californian person(s)which the San Diego County a p (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_kW:92z�� Place Notary Seal Above ature 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 Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General [I Attorney in Fact ••• ❑Attorney in Fact • ••• ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other- ❑Other- Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION PROPERTY A PORTION OF LAND DESCRIBED IN CERTIFICATE OF COMPLIANCE PER DOCUMENT NO. 2010-0055174 (CASE NO. 06-066 MUP/DR/EIA/CDP) FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,FEBRUARY 02,2010 PAGE 1 OF 1 EXHIBIT "B" LEGAL DESCRIPTION EASEMENT BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 OF PARCEL MAP NO. 3787 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 15, 1975, SAID POINT ALSO LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF DEVONSHIRE DRIVE DEDICATED PER MAP 7709 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 20, 1973; THENCE ALONG SAID EASTERLY LINE 1. NORTH 01 001'53"EAST 36.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE 2. NORTH 88 054'37" WEST 30.00 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF DEVONSHIRE DRIVE DEDICATED PER MAP 7709; THENCE ALONG SAID EASTERLY LINE 3. NORTH 01 005'23" EAST 850.75 FEET; THENCE LEAVING SAID EASTERLY LINE 4. SOUTH 88056'18" EAST 25.00 FEET; THENCE 5. NORTH 70 046'35" EAST 5.33 FEET; THENCE 6. SOUTH 01 005'23" WEST 852.61 FEET TO THE TRUE POINT OF BEGINNING. SAID STREET DEDICATION CONTAINS AN AREA OF 0.59 ACRE MORE OR LESS. BY:/411111 ���AND SVA` JOHN eA RDENSOHN, L.S. 5278 (MY LICENSE EXPIRES 12-31-13) 00 "o 52" N * p(p.12131h DATED: 2 !� �►— �9 OF CPS-�FOQ PAGE 1 OF 1 U AL5 EXHIBIT "C" SHEET 1 of 1 o i i LINE TABLE LEGEND: NO. BEARING LENGTH(ft) = INDICATES STREET , L1* N01 01'53"E 36.00 DEDICATION Q L2 N88 54'37"W 30.00 AREA = 0.59 ACRE Y co L3 N0105'23"E 850.75 P.O.B. POINT OF BEGINNING L4 N88 56'18"W 25.00 T P O.B. TRUE POINT OF BEGINNING Q' 1 L5 N70 46'35"E 5.33 L6 N0105'23"E 852.61 —_—__ *TIE ONLY U EASEMENT NOTES. w ^ TAN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS "' Z In INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT o w °o GRANTED TO. SAN DIEGO GAS AND ELECTRIC COMPANY > g o PURPOSE. PULIC UTILITIES, INGRESS, EGRESS o ° o RECORDED: NOVEMBER 18, 1952 IN BOOK 4658, PAGE 65, O.R. N i 8(2)8' SDG&E EASEMENT FOR POLES AND WIRES RECORDED LLJ Z o Q OCTOBER 19, 1953 IN BOOK 5020, PAGE 199, OR. �22' SDG&E EASEMENT FOR PUBLIC UTILITIES RECORDED JUNE 3, z d o cz Z W Q 1954 IN BOOK 5256, PAGE 364, O.R Q m o o W o 1< '-®SDG&E EASEMENT FOR PUBLIC UTILITIES RECORDED DECEMBER 0 ° :z 22, 1948 IN BOOK 3058, PAGE 149, O.R Lo j 920' WATER EASEMENT GRANTED TO SAN DIEGUITO WATER Q DISTRICT PER DOCUMENT RECORDED AS FILE NO_ _________ PROJECT a _ 30' 5 SITE cr) o o ENCINITAS 6��0 0 m J LZIS v z � n o ---- ' 4 SANTA FE DRIVE o s- Y N �/ T P.O.B. IRM�NGN PA o L2 / pR►� STER m ° \ MP NE \ DETAIL 'A' aJJ0 uG" --- 1 = 50 VI N/7Y MAP 20' STREET DEDICATION PER MAP AM TO SUE U9 770 RECORDED JULY 20, 1973 o � 3 Zt6 � JOHN EARDENSOHN L.S. 5278 DATE SEE DET. 'A' 5 2 REGISTRATION EXPIRES 12-31-2013 A N p MELBA ROAD -- — =gypaoHN Egp�FyG Latitude 33 O.B IW �o� i44 ^ Planning & Engineering C No.5278 Z -c �,�Y31.13 �0 4933 Paramount Drive, 2nd Floor San Diego, CA 92123 PAPCi5L 2 * * 858-751-0633 Fax 858-751-0634 O.B NORTHWEST CORNER, PM 3787 �TgTF OF CAL\ P PARCEL 2, PM 3787 H:\800\809.50\EXHIBITS\809.50 ROW PLAT.dwg 10/21/2010 8:02:20 AM PDT 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