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2013-115686 DOC ## 201 3-011 5686 ��.� !11111111111 IIIII IIIII IIIII IIIII III 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