2013-115686 DOC ## 201 3-011 5686
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Recording Requested 11111111111111111111111111111!11111
g 4 By. FEB 21 , 2013 3:27 PM
City of Encinitas ! ',1 OFFICIAL RECORDS
I I ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr,COUNTY RECORDER
When Recorded Mail to: FEES 0.00
City Clerk ) OC NA PAGES: 9
City of Encinitas )
505 South Vulcan Avenue
Encinitas, CA 92024
V-�\,xor SPACE ABOVE FOR
FOR THE BENEFIT OF THE CITY RECORDER'S USE
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No. 260-620-59, 260-620-60 Case #-12-101 CDP
STEVE BOUKER TRUSTEE OF THE STEPHEN F. BOUKER TRUST DATED
DECEMBER 7. 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.
GRANTOR S):
o _7
Steve ouker, Trustee/Owner Date
Signature of"GRANTOR(S)"to be notarized.
L Attach the appropriate acknowledgments.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN DIEGO
On S -----f-=-u before me, ` CC t+{ /U � f
Here Insert Name and Tit of the OBicer
personally appeared `/'
Name?of Signer
s /
i
who proved to me on the basis of satisfactory evidence to
be the personA whose name() is/apdsubscribed to the
within instrument and acknowledged to me that
he/s�/tpty executed the same in his/�&/)p(eir authorized
capacity(i�, and that by his/h//th�r signature on the
W1ADFi.,Ni. BURRITT instrument the person
o, or the entity upon behalf of
ComrruPu Public 1966634 Z which the person�SJ acted, executed the instrument.
z , : Notary public-California
San Diego County
My Comm.Ex Tres Jan 14,2016+ I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my Pand and official seal. --
Place Notary Sea Above Signature
S
Eum��6
ignature o Nolary 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: NSA
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Ll Individual
C Corporate Officer—Title(s): P Corporate Officer—Title(s):
❑ Partner—113 Limited u General _ ❑Partner—❑ Limited L General _
[I Attorney in Fact • -• ❑Attorney in Fact '71 Trustee I Top of t-lumb here ^Trustee Top of thumb here
❑ Guardian or Conservator "Guardian or Conservator
Other- Ll Other*
Signer Is Representing: Signer Is Representing:
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 Co cil of the City of Encinitas adopted on November 9, 1994
and the n con is o recordation thereof by its duly authorized officer.
13
Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE§ 1189
State of California
fi
County of
fi
On 2 U /3 before me,
Date' &
Here insert Name and Title of the 111ficor
personally appeared _IV/V
Name(s)of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name( are
subscribed tot within instrument and acknowledged
fi
1"e tha(_"he/they executed the same in
RANDA GAIL MILLJOUR (hl"er/their authorized capacity(ies), and that by
Commission*1916144 < his er/their signature(s) on the instrument the
of Notary Public - California(n X
person(s), or the entity upon behalf of which the
> San Diego County a 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
E paragraph is true and correct.
fiWITNESS my hand and official seal
Place Notary Seal Above Signature
Sig rure0f Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document I
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
E-i Corporate Officer — Title(s) ❑Corporate Officer — Title(s)
L-1 Individual LD Individual
J01:10
L-i Partner — El-imited [I General Top of thumb here ❑ Partner — ILZ Limited L General Top of thumb here
fi
L-1 Attorney in Fact Ll Attorney in Fact
fi fi -1 Trustee Ll Trustee
Ej Guardian or Conservator ❑Guardian or Conservator
F] Other- ❑Other-
Signer Is Representing Signer Is Representing
fi
Cc 2010 National Notary Association•NationalNotary org 1-800-u-S NOTARY(1-800-876-6827)
Item#5907
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCELS 1 AND 2 OF PARCEL MAP NO. 1539, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE
OF THE SAN DIEGO COUNTY RECORDER ON MAY 16, 1973.
HEREINABOVE MENTIONED PARCELS 1 AND 2 ARE CONSOLIDATED INTO
ONE PARCEL AND MAY NOT BE CONVEYED SEPERATELY WITHOUT FILING
A PARCEL MAP OR FINAL MAP.
CONTAINS 23909 SQUARE FEET MORE OR LESS.
im S�p
1 ,�3j3 �
SEAN C. LERT, L.S. 7959 DATE N �o
COASTAL LAND SOLUTIONS L.S. 7959 ~
9 OF CALIF%
1 of 1
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT
THE WESTERLY TEN(10)FEET OF PARCELS 1 AND 2 OF PARCEL MAP NO.
1539, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON MAY 16, 1973.
CONTAINS 1000 SQUARE FEET MORE OR LESS.
SEAN C. LERT, L.S. 7959 DATE
COASTAL LAND SOLUTIONS �N LS. 7959
9�DF CALIF���afi
1 of 1
DEBIT V SHEET 1 OF 1
R16HT OF W�4Y E,45EMENT
pm ��/�
2% `u M mw 1 p �1
N23 '33'48"W 100.04' —� °
P° o d 2 SCALE: 1 " =40 '
moo'
ti
P
4' °o NOTES:
I�N I �g N ° 1) BEARINGS AND DISTANCES SHOWN HEREON
VU ARE BASED ON RECORD INFORMATION PER
awl I 1Q� w P.M. NO. 1539.
cu c\j
INDICATES EASEMENT FOR PUBLIC
�o ® STREET RIGHT OF WAY TO THE
v I v O CITY OF ENCINITAS.
to INDICATES FOR
z p° �'� z PEDESTRIAN EASEMENT
DRAINAGE AND
polo go
--- GENERAL UTILITIES TO THE CITY
OF ENCINITAS PER SEPERATE
DOCUMENT.
un
O o N23 '33'48"W 100.04'
N
O
CU
LAND
�` �� •TPaLES
v tic 9
20
= m
m
S AN ENGLERT DATE L.S. 7959
L . S . 7959 p
'g
LSCOAS'T'AL LAND SOLUTIONS,INC. q�OF Ca
573 SECOND STREET
ENCINITAS, CA 92024
PH (760) 230--6025
FAX (760) 230-6026
CLS#1090
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