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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 _oo ° _o w APN: 268-371-21 w i0 0 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]