2012-371390DOC It 2012-0371390
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Recording Requested By:
City of Encinitas
When Recorded Mail to. )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
JUN 26, 2012 4:06 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg, Jr , COUNTY RECORDER
FEES 0.00
OC NA
PAGES: 8
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No 259-050-0100
Building Permit 12-530
MARSHA L. HETRICK TRUSTEE OF THE MARSHA L. HETRICK FAMILY TRUST
DATED DECEMBER 14. 2001, 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
2009-52 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)
N
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Mars a L Hetrick, Trustee 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 grantee consents to recordation thereof by its duly authorized officer
Greg Sh el s Date
Deputy City Engineer
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE WESTERLY 80 FEET OF THOSE PORTIONS OF LOT 12 IN BLOCK "G" OF PALOMARES
HEIGHTS ANNEX, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 12, BLOCK "G"; THENCE NORTH 00' 32'
08" EAST ALONG THE WEST LINE OF SAID LOT 12 A DISTANCE OF 79.67 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 00' 32' 08" EAST ALONG SAID WEST LINE A
DISTANCE OF 60 FEET TO A POINT; THENCE SOUTH 89' 27' 52" EAST A DISTANCE OF 161
FEET TO A POINT; THENCE SOUTH 00' 32' 08" WEST A DISTANCE OF 60 FEET TO A POINT;
THENCE NORTH 89' 27' 52" WEST A DISTANCE OF 161 FEET TO THE TRUE POINT OF
BEGINNING, AND BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 12, BLOCK "G", THENCE
SOUTH 89' 33' 49" EAST ALONG THE NORTH LINE OF SAID LOT 12 A DISTANCE OF 161.02
FEET TO A POINT; THENCE SOUTH 00' 32' 08" WEST A DISTANCE OF 60.23 FEET TO A POINT;
THENCE NORTH 89' 27' 52" WEST A DISTANCE OF 161 FEET TO A POINT ON THE WEST LINE
OF SAID LOT 12; THENCE NORTH 0 32' 08" EAST ALONG THE SAID WEST LINE A DISTANCE OF
60 FEET TO THE POINT OF BEGINNING.
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE NORTHERLY 6 FEET OF THAT PORTION OF LOT 12, BLOCK G OF SUBDIVISION MAP NO.
2136 AS DESCRIBED IN EXHIBIT "A" ATTACHED, SAID NORTHERLY 6 FEET MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 12, BLOCK G; THENCE SOUTH 89'3349"
EAST ALONG THE NORTH LINE OF SAID LOT 12 ALSO BEING THE NORTH LINE OF THE LAND
DESCRIBED IN AFOREMENTIONED EXHIBIT "A" 80.00 FEET TO THE NORTHEAST CORNER OF THE
LAND DESCRIBED IN SAID EXHIBIT "A"; THENCE SOUTH 00'32'08" WEST ALONG THE EASTERLY
LINE OF THE LAND DESCRIBED IN SAID EXHIBIT "A" 6.00 FEET, THENCE PARALLEL TO THE
NORTH LINE OF SAID LOT 12 NORTH 89'33'49" WEST 80.00 FEET TO THE WESTERLY LINE OF
THE LAND DESCRIBED IN SAID EXHIBIT "A"; THENCE NORTH 00'32'08" EAST ALONG SAID
WESTERLY LINE 6.00 FEET TO THE POINT OF BEGINNING.
No. 5871
Exp. 12-31-2012
EXHIBIT "C"
PLAT OF EASEMENT
MELBA ROAD 'o
NORTHWEST CORNER OF
LOT 12, BLOCK G,
MAP NO. 2136
L2
LEGEND:
INDICATES RECORD DATA PER
DEED REC. JUNE 02, 2008 AS
DOC. NO. 2008-0295733
L1 S 00'32'08" W 6.00'
L2 N 00'32'08" E 6.00'
No. 5871
Exp. 12-31-2012
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C O A S T A L
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310 S. TWIN OAKS VALLEY ROAD #107-297
SAN MARCOS, CA. 92078
(760) 510-3152 Ph / (760) 510-3153 Fax
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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County olJ w
On c_. V/L&Date a~ efore me,
Here
personally appeared M4e61-1, t-, I~C% pl
RANDA GAIL MILLJOUR
N Commission #1916144 <
W Notary Public - California
San Diego County A
My Commission Exp, Jsn. 6, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name( is/ re subscribed to the
within instrument and acknowled to me that
he he ey executed the M h' /her eir authorized
capacity(ies), and that by heir 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
S 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: ~5~/G2 Ems)"% t~d2 Y U~ ,~/fat f~ Q~F c~
Document Date Number of Pages:
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name-lq? l
❑ Individual
❑ Corporate Officer - Title(s)
❑ Partner - ❑ Limited ❑ General _
❑ Attorney in Fact
A5117rustee Top of thumb here
❑ Guardian or Conservator
❑ Other-
Signer Is Representing:
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.
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