2012-581163 D 0 C # 2012-0581163
Recording Requested By, I IIIIIIII III IIIIIIIIII IIIIIIIIIIIIIII VIII VIII VIII IIIIIIIIII IIII IN
City of Encinitas SEP 25, 2012 3:33 PM
n ?� OFFICIAL RECORDS
When Recorded, Mail to- SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr,COUNTY RECORDER
City Clerk FEES 0 00 PAGES: 5
City of Encinitas
505 South Vulcan Ave 11111 11111 IN IN
Encinitas, CA 92024
SPACE ABOVE FOR RECORDER'S USE
For Benefit of the City
CERTIFICATE OF ACCEPTANCE
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Assessor's Parcel No 257-011-38 V,
This is to certify that the interest in real property conveyed by the Irrevocable Offer to Dedicate
Real Property for Public Highway made by Edna Elliot as Owner evidenced by Document 1973-
111082 recorded on April 26, 1973 in the Office of the County Recorder, County of San Diego,
State of California more particularly described as follows
SEE EXHIBIT "A" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF
Is hereby accepted as Public Highway 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
"B" which is attached hereto and made a part hereof
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by
Resolution No 94-107 of said City Council adopted on November 9, 1994, that the City of
Encinitas consents to the making of the foregoing dedication, and consents to recordation
thereof by its duly authorized officer
CITY OF ENCINITAS-
4� Greg Shiel s, Date
Interim Director of Engineering and Public Works
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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State of California
County of%JIi e-
On 26 67- before me, ';;?�141 6,qlA,
Dat Here Insert Name and Title of the Officer
personally appeared 6xe�
I of Signer(s)
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who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(sela re
subscribed to the within instrument and acknowledged
to me that ie he/they executed the same in
is/ er/their authorized capacity(ies), and that by
er/their signature(s) on the instrument the
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on(s), or the entity upon behalf of which the
CIO ;0 -7rs(
k RANDA GAIL MILLJOUR
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Notary Public- California
> San Diego County person(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
fi paragraph is true and correct.
WITNESS my hand and official seal
fi Place Notary Seal Above Signature
Sig y9ture of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document I
fi and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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Title or Type of Document:
• Document Date Number of Pages
• Signer(s) Other Than Named Above
fi capacity(ies) Claimed by Signer(s)
ill Signer's Name Signer's Name
Ll Corporate Officer - Title(s) Ll Corporate Officer - Title(s)
-1 Individual Individual OWNSM-1 IM
fi f Partner - CJ Limited Cl General Top of thumb here ❑ Partner - E-1 Limited 'J General of thumb here
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❑ Attorney in Fact LJ Attorney in Fact 7�
fi Trustee P Trustee
fi fi ❑ Guardian or Conservator L-Guardian or Conservator
-1 Other- Other-
Signer Is Representing Signer Is Representing
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G 2010 National Notary Association•NationalNotary org• Y(1-800-876-6827) Item#590
EXHIBIT "A"
LEGAL DESCRIPTION OF EASEMENT
THAT PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTH HALF OF THE NORTH HALF OF THE
NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
10, THENCE EASTERLY ALONG THE NORTHERLY LINE THEREOF SOUTH 89°44'00" EAST 50 38
FEET TO A POINT IN THE ARC OF A NON-TANGENT 2358 00 FOOT RADIUS CURVE CONCAVE
EASTERLY, THROUGH WHICH POINT A RADIAL BEARS SOUTH 87°22'24" WEST, THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°5756" A
DISTANCE OF 163 20 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID NORTH HALF OF THE
NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 10, DISTANT THEREON SOUTH 89°38'53" EAST 69 73 FEET FROM
THE SOUTHWEST CORNER THEREOF, THENCE WESTERLY ALONG THE SAID SOUTHERLY LINE
NORTH 89°38'53" WEST 69 73 FEET TO SAID SOUTHWEST CORNER; THENCE NORTHERLY
ALONG THE WESTERLY LINE THEREOF NORTH 2°11'51" EAST 162 57 FEET TO THE POINT OF
BEGINNING, ALL AS DESCRIBED IN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR
PUBLIC HIGHWAY RECORDED AS DOCUMENT 1973-111082 ON APRIL 26, 1973
EXHIBIT"B"
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 of 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