2013-115687 DOC ## 201 3-011 5687
Recording Requested By: �,� � )
FEB 21 , 2013 3:27 PM
City of Encinitas OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Drenenburg,Jr,COUNTY RECORDER
When Recorded Mail to: I T ) FEES SNA
City Clerk ) PAGES: 9
City of Encinitas ) ��������I����������������������������������������������������
505 South Vulcan Avenue IIIIIIIIIIIIIIIIIIIIIII
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
4?1e PUBLIC PEDESTRIAN ACCESS, DRAINAGEyAND GENERAL UTILITY EASEMENT
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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, a Public Pedestrian Access,
Drainage, and General Utility Easement, subject to the terms and conditions set forth in
City of Encinitas Resolution 2009-61 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)-
— --e"/LI/— 212,eZ&1-3
Steve Bouker, Trustee/Owner Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN DIEGO
011T:6 k�, 5 before me, '
Dal : Here injert Name and Tlitla of a Officer
personally appeared -
Nama(S�of Signer(
CC ,
who proved to me on the basis of satisfactory evidence to
be the person whose name(j) is/q(e subscribed to the
within instru ent and ackhowledged to me that
he/sfie/yey executed the same in his(Kr/Xr authorized
capacity(iP ), and that by hisy/;*ir signatureKon the
MADELINE BURRITT instrument the person(, or the entity upon behalf of
Commission# 1966634 Z which the personA) acted, executed the instrument.
No
Public.California y
Z •�" San Diego County 1 certify under PENALTY OF PERJURY under the laws
M Comm.Expires tan 14,2016 of the State of California that the foregoing g g paragraph is
true and correct.
WITNESS my Pind and official seal.
Signature , `
Place Notary Sea Above Signature Ot NoLary Pubitc
OPTIONAL
Though the information below is not required by lain,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: N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual ❑ Individual
C Corporate Officer—Title(s): C7 Corporate Officer—Title(s):
❑ Partner—❑Limited Ll General ❑Partner—❑ Limited L General _
❑ Attorney in Fact • ❑Attorney in Fact
J Trustee Top of tnumb here Trustee Top of thumb here
J Guardian or Conservator `Guardian or Conservator
Other- L-1 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 Council of the City of Encinitas adopted on November 9, 1994
and the ran co n recordation thereof by its duly authorized officer.
Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
State of California
fi County o
fi On 13 before
fi Date Here Insert Name and Title of the Officer'
personally appeared /OX(/l/
Name(s)of Signer(s)
fi
fi
who proved to me on the basis of satisfa tory
evidence to be the person(s) whose name(
fi ECyiare
subscribed to the within instrument and acknowledged
t e that&he/they executed the same in
---- hi er/their authorized capacity(ies), and that by
RANDA GAIL MILLJOUR
i er/their signature(s) on the instrument the
Commission#1916144 <
Notary Public- California(D person(s), or the entity upon behalf of which the
;0
fi > San Diego County 4 person(s) acted, executed the instrument.
My Commission Exp, Jan. 6, 2015j
I certify under PENALTY OF PERJURY under the
fi laws of the State of California that the foregoing
paragraph is true and correct.
fi
WITNESS my hand and official seal
fi
Place Notary Seal Above Signature
Signal' of Notary Public
OPTION)
fi 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
fi Description of Attached Document
Title or Type of Document:
Document Date Number of Pages
fi Signer(s) Other Than Named Above
fi Capacity(ies) Claimed by Signer(s)
fi Signer's Name Signer's Name
fi n F] Corporate Officer — Title(s) 1-1 Corporate Officer — Title(s)
Individual
1� Individual
fiI -_1 Partner — 1 7 Limited General
Top of thumb here 1] Partner — f Limited —1 General Top of thumb here
fi 1-1 Attorney in Fact L-1 Attorney in Fact
Trustee I-Trustee
Guardian or Conservator F1 Guardian or Conservator
C Other-
fi 11 Other-
Signer Is Representing Signer Is Representing
@ 2010 National Notary Association NationaiNotary org•1-800-U—S NOT-ARY(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.
[0 311
SEAN C. EN U ERT, L.S. 7959 DT E
COASTAL LAND SOLUTIONS `n
� L.S. 7959 y�
9 OF CAI�Fo�
1 of 1
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT
THE EASTERLY FIVE (5)FEET OF THE WESTERLY FIFTEEN(15)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 500 SQUARE FEET MORE OR LESS.
Cr
SEAN C. EN RT, L.S. 7959 DATE
COASTAL LAND SOLUTIONS c" m� L.S. 7959 y�
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��F CALIFO .
1 of 1
EX BIT V SHEET 1 OF 1
GRANT OF EASEMENT
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p' Cad SCALE: 1 " =40 '
moo'
ti
o NOTES:
�O I PQo
N I o�� N i) BEARINGS AND DISTANCES SHOWN HEREON
ARE BASED ON RECORD INFORMATION PER
4' w I cqo P.M. NO. 1539.
d� I r„r J INDICATES EASEMENT FOR PUBLIC
4
o I STREET RIGHT OF WAY TO THE
v CITY OF ENCINITAS PER SEPERATE
g I ca DOCUMENT.
z I P° ° �1 z INDICATES EASEMENT FOR
PEDESTRIAN USE. DRAINAGE AND
I po�o UtNENCINITAStHAL TO THE CITY
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SEAN C . NGLERT DATE L.S. 7959
L . S . 7959
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`S COASTAL LAND SOLUTIONS,INC. CA1SF
573 SECOND STREET
ENCINITAS, CA 92024
PH (760) 230-6025
FAX (760) ZXK3026
CLS#1090
EXHIBIT "D"
Terms and Conditions for
Dedication of Public Pedestrian Access, Drainage, and General Utility Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of pedestrian access, drainage, and
general utility easement for 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 and use, for drainage, and for 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, 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.
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.
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication of pedestrian access, drainage, and general utility
easement.
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.