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
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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