2012-818641 �} y y
DOC # 201 2-0$ 1 8641
(' IIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIVIIIVIIIVIIIVIIIIIIIIIII
Recording Requested By: ) DEC 27, 2012 4.07 PM
OFFICIAL RECORDS
y( � City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE
1 Ernest J Dronenburg,Jr,COUNTY RECORDER
FEES 000
1� When Recorded Mail to: ) OC NA
City Clerk ) PAGES: 10
City of Encinitas )
505 South Vulcan Avenue ) �����������������������������������������������������������������������11111 IIII IIII
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
r; EASEMENT FOR PUBLIC STREET RI
GHT-OF-WAY
Assessor's Parcel No: 254-412-09-00 Case #: 12-086 CDP
DOCUMENTARY TRANSFER TAX
Randall Mark Mendioroz and Syndea Alder Mendioroz trustees of The Mendioroz Family
Trust dated 4/10/2007, 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):
a4m (J-ft — (2–(1
Rarldall M. Mendioroz, Owner Date
aka Randall Mark Mendioroz
Syndea A. Mendioroz, Owner Date
aka Syndea Alder Mendioroz
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
State of ZA � �l
County ofs " >
Onn �p�3/�; ,Z�/,� before me,
4
, r
Name&Title of Officer
personally appeared
who proved to me on t e basis of satisfactory evidence to b he person(s) whose
name(s),ia/are subscribed to the within instrument and acknowledged to me that
ke4l:4e/they executed the same in ei I 4er/their authorized capacity(ies), & that by
his/her/their signatures(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 & correct.
Cr,rnr",c.on# 1841087
WITNESS my hand & official seal �u ~San Diego counh1
MV Gomet. 8 a
§e of Notary u lic
Notary Seal
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 Cou f the City of Encinitas adopted on November 9, 1994
and th gra conse s to cordation thereof by its duly authorized officer
CC ZO/Z
Glenn Pruim Date
M' Director of Engineering and Public Works
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
fi State of California
County off�' ,01
On before me, 1116 t
2jue-, 60 /t
Date' Here Insert Name and Title of the Officer
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(sGi /are
subscribed to the within instrument and acknowledged
me that(9she/they executed the same in
is erltheir authorized capacity(ies), and that by
is her/their signature(s) on the instrument the
RANDA GAIL MILLJOURI rso (S)
Commission n , or the entity upon behalf of which
U) the
sion#1916144 <
X
X Notary Public - California
0) person(s) acted, executed the instrument.
> San Diego County 4
I` My Commiss Exan. 6,fi 015 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.
Place Notary Seal Above It ignature of Notary Public
fi OPTIONAL V
Though the information below is not required by law, it may prove valuable to persons relying on the document
fi and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
fiDocument Date Number of Pages
fi Signer(s) Other Than Named Above
fi fi
Capacity(ies) Claimed by Signer(s)
fi Signer's Name Signer's Name
fi F-1 Corporate Officer — Title(s) E Corporate Officer — Title(s)
i— Individual
L] Individual
I Partner — 1:1 Limited LJ General Top of thumb here Partner — F1 Limited 'I General Top of thumb here
fi ❑ Attorney in Fact L]Attorney in Fact
I I Trustee _1 Trustee
fi fi
L 1 Guardian or Conservator Ll Guardian or Conservator
❑ Other- E Other-
Signer Is Representing Signer Is Representing
fi
,D 2010 National Notary Association-National Notary.org 1-800-US NOTARY(1-800-876-6827) Item#5_907
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF LOT 2 IN BLOCK"I"OF SOUTH COAST PARK ANNEX,IN
THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL MAP THEREOF N0. 1788,FILED IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER ON MARCH 29, 1924;TOGETHER WITH
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 3.TOWNSHIP 13 SOUTH,RANGE 4 WEST,SAN
BERNARDINO MERIDIAN ACCORDING TO OFFICIAL PLAT THEREOF, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 2 WITH THE
CENTERLINE OF CAUDOR STREET(FORMERLY DIANA AVENUE AS SHOWN
ON SAID MAP NO. 1788);THENCE ALONG SAID NORTHERLY LINE OF SAID
LOT 2 AND PROLONGATION THEREOF, SOUTH 83028'34"EAST, 18 1.0 1 FEET
(SOUTH 83 049'05"EAST PER SAID MAP NO. 1788)TO THE TRUE POINT OF
BEGINNING;THENCE CONTINUING ALONG SAID NORTHERLY LINE,SOUTH
83 028134"EAST, 159.06 FEET TO THE NORTHEAST CORNER OF SAID LOT 2,
SAID POINT ALSO BEING A POINT ON THE WESTERLY LINE OF SAID
SECTION 3;THENCE NORTH 05°43'13"WEST,214.29 FEET TO THE
NORTHWEST CORNER OF THAT DEED GRANTED TO THE YOVANKA
DJEKICH TRUST ON JULY 6,2006 AS FILE NO.2006-0476363 OF OFFICIAL
RECORDS;THENCE ALONG THE NORTHERLY LINE OF SAID DJECKICH
TRUST DEED,NORTH 84°01'02"EAST,20.00 FEET TO THE NORTHEAST
CORNER OF SAID DJECKICH TRUST DEED;THENCE ALONG THE EASTERLY
LINE OF SAID DJECKICH TRUST DEED,SOUTH 05043-13 EAST,312.21 FEET TO
THE SOUTHEAST CORNER OF SAID DJECKICH TRUST DEED,THENCE
ALONG THE SOUTHERLY LINE OF SAID DJECKICH TRUST DEED,SOUTH
84016'47"WEST,20.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID
LOT 2,SAID POINT ALSO BEING ON THE WESTERLY LINE OF SAID SECTION
3;THENCE ALONG SAID EASTERLY LINE OF LOT 2; SOUTH 05043'13"EAST,
98.01 FEET TO THE NORTHEAST CORNER OF THAT DEED GRANTED TO THE
DEPARTMENT OF VETERAN AFFAIRS OF THE STATE OF CALIFORNIA ON
DECEMBER 8, 1953 IN BOOK 5070,PAGE 208 OF OFFICIAL RECORDS;THENCE
ALONG SAID NORTHERLY LINE OF SAID DEED TO THE DEPARTMENT OF
VETERAN AFFAIRS OF THE STATE OF CALIFORNIA,SOUTH 84 056'05"WEST,
117.57 FEET TO THE SOUTHEAST CORNER OF THAT DEED GRANTED TO
BROWN ON DECEMBER 19, 1955 IN BOOK 5909,PAGE 38 OF OFFICIAL
RECORDS;THENCE ALONG THE EASTERLY LINE OF SAID DEED TO BROWN,
NORTH 05 003'55"WEST, 102.15 FEET TO THE NORTHEAST CORNER OF SAID
DEED TO BROWN;THENCE ALONG THE NORTHERLY LINE OF SAID DEED
TO BROWN, SOUTH 84 056'05"WEST,40A9 FEET TO A POINT WHICH BEARS
SOUTH 05 003'55"EAST FROM THE TRUE POINT OF BEGINNING;THENCE
LEAVING SAID NORTHERLY LINE OF SAID DEED TO BROWN,NORTH
05 003'55"WEST, 125.64 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 35,330 SQUARE FEET MORE OR LESS.
PL LAN�sG
-LUtiG �G
CL
* Expta _
OF CA1.�F
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR
ROAD PURPOSES OVER A STRIP OF LAND 20.00 FEET IN WIDTH LYING
WITHIN A PORTION OF THE SOUTHWEST QUARTER OF THE OF THE
NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY APPROVED APRIL 19, 1881, THE WESTERLY LINE
OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID
SECTION 3 WITH THE SOUTHERLY LINE OF CAPRI ROAD AS SHOWN ON
MAP NO. 2019 OF CREST ACRES, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY MAY 3, 1927; THENCE ALONG SAID
WESTERLY SECTION LINE SOUTH 05 051'30" EAST 312.12 FEET TO THE
NORTHWESTERLY CORNER OF LAND DESCRIBED TO LESLIE STOELTING
AND KARL SEVALDEEN, RECORDED NOVEMBER 15, 1948 IN BOOK 3015,
PAGE 491 OF OFFICIAL RECORDS, SAID STRIP OF LAND BEGINNING IN
SAID SOUTHERLY LINE OF CAPRI ROAD AND ENDING IN THE NORTHERLY
LINE OF SAID STOELTING'S LAND.
\o�pl LANs
CL No.6091 2 0
p /d
�F CA��F
EXHIBIT "C"
PLAT OF EASEMENT
CAPRI - - - - _- ROAD
N 84'01'02" E
20.00'
APN 254-412-07
z
0
Lp
W z APN 254-181-20
0
APN 254-412-06
A�
T W
N
c�
W
N 83'2834" n�
z
W 159.06, N
O
N
o SCALE: 1"=60'
yn
w
APN 254-412-08 "It
N
Ln
O
-P
APN 254-181-12
N 8456'05" E z z N 84'16'47" E
0 20.00
40.48' o W v;
U' 0 001-P
L4 A
APN 254-412-04 Lnlv'- + L'-
APN 254-181-11
Npl.LAND
mass
N 84'56'05" E 117.57 �'���LyG_LUNG
APN 254-412-03 car = No 6991
LEGEND: * Expl} r zo
L � 7 AREA DESCRIBED IN EXHIBIT "B" s�9T
EXISTING BOUNDARY FOF CAL\F
RA N C H O C O A S T A L 310 S. TWIN OAKS VALLEY ROAD#107-297
ENGINEERING & SURVEYING SAN MARCOS, CA. 92078
SINGLE SOURCE DEVELOPMENT CONSULTANT (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.