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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.