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2013-79314
D0C ## 2010-0070014 Recording Requested By- FEB 05, 2013 3:36 PM City of Encinitas �i f' ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE When Recorded Mail to Ernest J Dronenburg,Jr ,COUNTY RECORDER FEES 0.00 City Clerk ) OC NA City of Encinitas ) PAGES: 10 505 South C Vulcan Avenue Encinitas, A 92024 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY I\\ PUBLIC PEDESTRIAN ACCESS EASEMENT Assessor's Parcel No 257-470-21 Case#- 11-065 TM Garden View Professional Center. LLC, a California limited liability company subject to Stipulated Order for the Appointment of Receiver and Preliminary Injunction in Aid of Receiver recorded as Document 2011-0564047 on October 26, 2011, 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, a Public Pedestrian Access Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-62 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) Garden View Professional Center, LLC ph an ember Date PO Bo 4 E etas, CA 92023 Kevin Singer, Superior C(ist rt Receiver Date c/o Receivership Spec, s 1140 0 Olympic Blvd, Su200 Los Angeles, CA 90064 Signature of"GRANTOR(S)"to be notarized 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 cons en to recordation thereof by its duly authorized officer — /V M MASI" MAHE12 Z/ 5 / '2 13 1-Y Glenn Pruim Date Director of Engineering and Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 IfiState of California fi County of _j, On 4 WI-E before me, �'04 61416 x,_ t)dil�e,j Date Here Insert Name and Title of the Officer personally appeared ZV19 0/ /7/ LEA/t/ Name(s)of Signers) fi who proved to me on the basis of satisfactory fi evidence to be the person(s) whose name(oare subscribed tglbp,,within instrument and acknowledged "I fi tp-,me thathA/she/they executed the same in er/thei r authorized capacity(ies), and that by RANDA GAIL MILLJOUR e their signature(s) on the instrument the Commission#19161,44 < rso ;0 (s), O Notary Public - Californiabo his n or the entity upon behalf of which the > San Diego County 4 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 paragraph is true and correct. WITNESS my hand and official seal fi Signature Place Notary Seal Above OPTIONAL Sign re of Notary Public 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 fi Title or Type of Document: Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) !t Signer's Name Signer's Name I Corporate Officer — Title(s) 1:1 Corporate Officer — Title(s) I Individual ❑ Individual 11 Partner — ❑Limited ❑General Top of thumb here C Partner — ❑ Limited ❑General Top f thumb here t, fi - Attorney in Fact L-j Attorney in Fact F_ Trustee 77 El Trustee fi fi 1-1 Guardian or Conservator ❑Guardian or Conservator L Other- -_1 Other- Signer Is Representing Signer Is Representing fi I 2010 National Notary Association•National Notary,org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c,ez.�oc� c�ec c cr�cr��¢ ec=cu�ececcercwe�czc acs cz�ncrzc rc c c ruac- a �raf� State of California ) County of On l_- 71— l before me, -- ��'✓ AC=C�9 L /� 7'-1-9K /�'vlsi iC Dale Here Insert Name and Title of the Officer personally appeared ��5�'� SiJ/V i Name(s)of Signer(s) 1 ) who proved to me on the basis of satisfactory evidence to be the person( whose nam%6j&;ee subscribed to the within instrument and acknowledged to me that (5We/th eq executed the same in /ter authorized capacity(�_-t), and that by r/thceir signature(,a'f on the instrument the person(, or the entity upon behalf of which the person()acted, executed the instrument. RDN J SEGAL I certify under PENALTY OF PERJURY under the Commission # 1926501 laws of the State of California that the foregoing a=�=� Notary Public-California z paragraph is true and correct. Z San Diego County D My Comm.Expires Feb 21,2015+ WITNESS my hand and official seal Y /1of1 Signature ` ) Place Notary Seal Above OPTIONAL P Signature of Notary tic 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. F Description of Attached Document Title or Type of Document: Document Date Number of Pages: E Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) ❑Corporate Officer — Title(s) ❑ Individual _ ❑ Individual _ ❑ Partner — ❑Limited ❑General Top of thumb here U Partner — ❑Limited El General Top of thumb here I ❑ Attorney in Fact ❑Attorney in Fact ) ❑ Trustee F__1 Trustee f Guardian or Conservator Guardian or Conservator ) Other- ❑ Other- Signer Is Representing Signer Is Representing fi ` I I. Cc-2010 National Notary Association NationalNotary.org 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of fibefore me, J, On J, \1, jc \r \'AA)(_ _9bte Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) fff who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/shaMaey executed the same in his44@Mheir authorized capacity(kis), and that by his/herfthL* signatureA on the instrument the I JOHN RACHL 1 N person or the entity upon behalf of which the Commission # 1996390 Notary Public -California Z Z person(�) acted, executed the instrument. Z Z Los Angeles County Expires Oct 30,2�J6 Womm.E 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 an P eiseal. Place Notary Seal Above Signature gnatur 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: _X Document Date Number of Pages. Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name V F I Corporate Officer — Title(s) 7 Corporate Officer — Title(s) F] Individual Emlini-IMM-11 F1 Individual BEMIS Partner— ❑Limited ❑General T.P of thumb here ❑Partner — L-1 Limited 11 General Top"of thumb here El Attorney in Fact ❑Attorney in Fact ❑ Trustee I I Trustee Guardian or Conservator I Guardian or Conservator II. L I Other- I Other- Signer Is Representing Signer Is Representing fi ©2010 National Notary Association NationalNotary org 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT `A' LEGAL DESCRIPTION OF PROPERTY LOTS 18 AND 19 OF ENCINITAS TRACT NO 4255, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 11909, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1987 AS MERGED IN CERTIFICATE OF COMPLIANCE RECORDED JANUARY 26, 1993 AS DOCUMENT NO 1993-0047657 OF OFFICIAL RECORDS APN 257-470-21 .1.LAN O 0 ate. 74 * Ex.p. 6/30 \Q. o FCA \\judy\SDE_Data\1data\surveys\4211surv\letters&documents\public access easement legal\4211 EXHIBIT'A'LEGAL DESCRIPTION OF PROPERTY doc EXHIBIT 'B' LEGAL DESCRIPTION OF EASEMENT THOSE PORTIONS OF LOTS 18 AND 19 OF ENCINITAS TRACT NO 4255, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 11909, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 1, 1987 AS MERGED IN CERTIFICATE OF COMPLIANCE RECORDED JANUARY 26, 1993 AS DOCUMENT NO 1993-0047657 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 19 OF SAID MAP, THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 88 043'53" WEST, 57 00 FEET, THENCE LEAVING SAID NORTHERLY LINE SOUTH 43 043'53" EAST, 14 14 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 10 00 FEET OF SAID LOTS 18 AND 19, THENCE ALONG SAID SOUTHERLY LINE SOUTH 88 043'53" EAST, 55 00 FEET, THENCE LEAVING SAID SOUTHERLY LINE NORTH 46 016'07" EAST, 14 14 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 18, DISTANT THEREON SOUTH 88 043'53" EAST, 18 00 FEET FROM THE POINT OF BEGINNING, THENCE NORTH 88 043'53" WEST, 18 00 FEET TO THE POINT OF BEGINNING NP �AlD C, sG o � Ir o a. 7 42 EXp 6 30/t4- gTFO�'CAL�F�� IAN A 3 \\judy\SDE_Data\1data\surveys\4211surv\letters&documents\public access easement legal\4211 EXHI BIT'B'LEGAL DESCRIPTION OF EASEMENT doc EXHIBIT "C" PLAT OF EASEMENT -T GARDEN VIEW ROAD (PUBLIC) N88'43'53"W 75.00' o 57.00' 18.00' S43'43'53"E 14.14' 588'43'53' E 55.00' N46'1 6'07"E 14.14' LOT 19 LOT 18 MAP NO. 11909 , P� LA � G. SGT QQ' L O N a N 74 Exp. -30-14 cq�I FORN�P 1��3 INDICATES EASEMENT AREA SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 SCALE. 1" = 50' PHONE: (760) 753-5525 p 50 100 CIVIL ENGINEERING • PLANNING LAND SURVEYING U\1data\surveys\4211sury\dwg\4211 Exhibit 'C' Plat of Easement.dwg SDE4211.01 EXHIBIT "D" Terms and Conditions for Dedication of Public Pedestrian Access Easement The dedication or irrevocable offer of dedication made by the Grantors named in the document dedicating or offering the dedication of public pedestrian access 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 pedestrian access purposes The real property referred to above is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document dedicating or irrevocably offering to dedicate the pedestrian access easement. Grantors hereby further offer to Grantee the privilege and right to perform grading and to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described land where deemed necessary by Grantee for the construction and maintenance of said pedestrian access Reserving unto Grantors, their successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by Grantee Grantors hereby further offer to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said pedestrian access easement, including the right to take water, together with the right to use the same in such manner and at such locations as Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said pedestrian access Grantee, for itself, its successors and assigns, hereby waives claim for any and all damages to Grantee's remaining property contiguous to the pedestrian access easement hereby conveyed by reason of the location, construction, landscaping, or maintenance of said pedestrian access 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. The termination and abandonment may be made by the Grantee This dedication or offer of dedication shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees, and assigns of the respective parties At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of pedestrian access easement. Grantor agree 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 Grantors 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