2012-530327 D O C ## 201 2-0530327
r� Recording Requested By' ) IIII VIII IIIIIIIIIiIIIIII IIII VIII IIIIIIIII IIII IIIIIIIIII
SEP 04, 2012 3:51 PM
City of Encinitas ) OFFICIAL RECORDS
�( SAN DIEGO COUNTY RECORDER'S OFFICE
M ) ErnestJ Dronenburg,Jr COUNTYRECORDER
t
ES
When Recorded Mail to ) FEOC. DNA
I' City Clerk )
City of Encinitas ) PAGES: 9
505 South Vulcan Avenue 1111111111ININ
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
! , EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
1d\ Assessor's Parcel No 258-371-21 ✓ Building Permit #- 11-683
DOCUMENTARY TRANSFER TAX$ f'
Richard Charles Kern Jr. Trustee of the Richard Charles Kern Jr. Revocable Trust Dated
October 6 2005 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
GRANTOS
o 3
Z'
Richard Rs
Kern Jr , Tru ee Date
Signature of"GRANTOR(S) to be notanzed.
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
dJ 6-
Greg Sh' s Date
Deputy ity Engineer
City of Encinitas
Exhibit "A"
Legal Description of Property
The Southerly 120 feet of the Westerly 64 feet of the Southeast Quarter of the
Southwest Quarter of the Southeast Quarter section 15, Township 13 South, Range 4
West, San Bernardino Meridian, according to the Official Plat thereof
EXCEPTING THEREFROM the Southerly 20 feet thereof. The Northerly and Easterly
lines of said land being measured parallel to the Southerly and Westerly lines of said
Southeast Quarter of the Southwest Quarter of the Northeast Quarter of the Southeast
Quarter of said Section 15
EXHIBIT "B"
PARCEL "A
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A STRIP OF LAND OVER THE NORTHERLY 4 00' FEET OF THE SOUTHERLY 24 00'
FEET OF THE WESTERLY 64.00' FEET OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF
SAID PARCEL "A" CONTAINS 256.04' SQUARE FEET, MORE OR LESS.
EXHIBIT "C"
N 89 052'59"E 64.01'
a
1"=20' 0 770 MELBA ROAD o
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_o
w APN: 268-371-21 w
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v v
0 0
0 0
� Z Z
' 4.00'
N 89.52'59"E 64.01'
.y�`�vJn uG9
c.
N a4Sl�' S�yo
MELBA ROAD .] '
v 30 �P
NOTE.ALL BEARINGS AND DISTANCES SHOWN ON THIS /
PLAT WERE BASED ON RECORD INFORMATION PER
RECORD OF SURVEY 12660.
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 Grantors 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 1
County of oX 7-7 Aa!�a Q& 1l
On/ kkQV a) /-�-before me, ; /WAJOA 01414, /-/// 4-Q—V I/l c)C7
Date Here Insert Name and Title of the OHmer
personally appeared 7/�� /�� �' 6 S�/ Ie( f:5 A Vlll . YR
Name(.)of Signers�
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name( is a subscribed to the
hin instrument and acknowledged to me that
(he:/>e/they executed the e i his er/their authorized
RANDA GAIL MILLJOUR capacity(ies), and that b his/ r/their signature(s) on the
< . Commission #191 6144 <
N •'°� Notary Public - CaliforniaN instrument the person(s), or the entity upon behalf of
jSan Diego County a which the person(s) acted, executed the instrument.
My Commission Dip. 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
Place Notary Seal Above Signature rgL�-
.'/oignature 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:
L Individual [-j Individual
Cl Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
-1 Partner—E' Limited LI General _ _ _ L Partner—E Limited Cl General
❑ Attorney in Fact • Attorney in Fact
❑ Trustee Top of thumb here
L Trustee Top of thumb here
C Guardian or Conservator G Guardian or Conservator
Cl Other, ❑ Other
Signer Is Representing: Signer Is Representing:
®2007 Nabonal Notary A..CCIab00.9350 De Soto AVe PO BOZ 2402•Chatsworih,CA 91313-2402•w NabonalNotaryorg Item N597 Reorder Call Toll-Free 1-800-8]6-682]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Zli, az e(o
On , V L( 5 Zli before me,
Dat 7oy
y Here Insert Name antl Ttle o he OPoCer
personally appeared
Named)of Signers)
who proved to me on the basis of s tisfactory evidence to
be the persons) whose names Is/ re subscribed to the
within instrument and acknowl ed to me that
�he/they executed the s e i hi er/their authorized
capacity(ies), and that b his em eir signatures) on the
RANDAGAILMILLJOUR instrument the person(s), or the entity upon behalf of
Commission#1916144 <
X Notary Public- Californian which the persons) acted, executed the instrument.
San Diego County
My Commission Exp. Jan. 6, 2015 1 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 `iyte0✓
Place Notary Seal Above Sig a ure of Notary Public
OPTIONAL V
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 Signers)
Signer's Name Signer's Name:
C Individual LI Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—L-1 Limited -i General L Partner—❑ Limited F1 General
_ _ _
C Attorney In Fact • - ❑Attorney in Fact . --
❑ Trustee Top of thumb here El Trustee Top of thumb here
-1 Guardian or Conservator L'Guardian or Conservator
❑ Other, ❑ Other
Signer Is Representing: Signer Is Representing:
Q2007 National Notary Association-9360 De Soto AVe PO Box 2402•Chatsworth.CA 91313-2402•www NationalNotaryorg Item#6907 Reorder Call Toll Free 1-800-8]6-682]