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2013-112927 DOC ## 201 3-011 2927 r? 1 1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII FEB 20 20 Recording Requested B * 13 �' PM w g G y OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dburg,Jr,COUNTY RECORDER City of Encinitas ronen0.00 OC. NA When Recorded Mail to. PAGES: S City Clerk �� City of Encinitas IIIIIIIIIIIIIIIIIIIIIIIIIII 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DOCUMENTARY TRANSFER TAX$ � PUBLIC EASEMENT FOR MAINTENANCE AND MAINTENANCE VEHICLE ACCESS �� Assessor's Parcel No. 256-234-13 Case #- Jesse E De La Torre and Lucy M De La Torre, Trustees UDT dated 07/01/06, hereinafter called GRANTOR, is the owner 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, does hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, hereinafter called GRANTEE, a Public Easement for Maintenance and Maintenance Vehicle Access, subject to the terms and conditions set forth in 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. L �n Lucy M e La Torre, Trustee Date Signature of"GRANTOR"to be notarized. Attach the appropriate acknowled ments. 101730700.3 STATE OF CALIFORNIA ) COUNTY OFCGti1r., ) On i f 1 ;�. , before me, \'4 1 1 �' � Notary Public, personally appeared L C, M , w, . who proved to me on the basis of sa isfactory evidence to be the persons)whose name(s) is/we-subscribed to the within instrument and acknowledged to me that ire/she/tMT executed the same in i*/her/thoir authorized capacity(ies), and that by Ms/her/fttr signature(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 and correct. WITN S R m y han a'n d official seal vPOAATNTW Y 0 1RpWVAT0'S NT��• Y� GO COU x Signature (Seal) CC#WdWbeEon 13,2015 STATE OF CALIFORNIA ) COUNTY OF a n On aO i_ , before me, WAIDd 0414- 1,116 c,,TV .> 2 Notary Public, personally appeared LAG i"VN Pry'U/ A,d o proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) i re subscribed to the thin instrument and acknowledged to me tha she/they executed the same in er/their authorized capacity(ies), and that by i er/their signature(s) on the instrument the person(s), or the entity upon behalf o 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 and correct. WITNESS my hand and official seal 1� n ti-c- RANDA GAIL MILLJOUR Signa ure (Seal) Commission#1916144 A X Notary Public-California N San Diego county P My commission Exp.Jan. 6, 2015 101730700.3 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 rant conse recordation thereof by its duly authorized officer. M M Glenn Pruim Date Director of Engineering and Public Works City of Encinitas EXHIBIT "A" LEGAL DESCRIPTION LOT 14 OF SAXONY KNOLLS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 3761, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY DECEMBER 11, 1957. y�0 LAND S� o / L.S. 8553 7 zoi2 �, Q' DOUG LA'S B. ST OUP P L.S 8553 HUNSAKER &ASSOCIATES SAN DIEGO, INC. OF CA01- PAGE 1 OF 1 WL MA0061\478\Legal Description\A11 Delatorre Legal-Exhibit A.docx WO 61-478 7/16/12 EXHIBIT "B" LEGAL DESCRIPTION THAT PORTION OF LOT 14 OF SAXONY KNOLLS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO 3761, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY DECEMBER 11, 1957, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 14, THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 00 052'17" WEST (N 00°12'47" E RECORD PER SAID MAP NO 3761), 46.33 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00 052'17"WEST, 6.65 FEET TO THE BEGINNING OF A 25 00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71054'44"A DISTANCE OF 31 38 FEET TO THE BEGINNING OF A NON-TANGENT 45 70 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82 004'09" WEST, THENCE LEAVING SAID EASTERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44 058'23"A DISTANCE OF 35 87 FEET TO SAID EASTERLY LINE OF LOT 14 AND THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 234 SQUARE FEET, MORE OR LESS LAND S� T- /) 'j OJ �� O -o 7 L ZD/ L.S. 8553 tf� ct- DOUGLAS B. S OUP P L.S 8553 OF&ASSOCIATES SAN DIEGO, INC. of CA11`` PAGE 1 OF 1 :ML M:\0061\478\Legal Description\A04 Public Maintenance Esmt-Delatorre.docx WO 61-478 7/16/12 EXHIBIT 99 0 99 SHEET 1 OF 2 SHEETS PUBLIC MAINTENANCE EASEMENT 0 LEUCMA BL W. x DANA A W. PUMA ST. PASSYLOM AWE SITE � � o Z� APN: 256-234-13 LEGEND: ® INDICATES PUBLIC MAINTENANCE AND MAINTENANCE VEHICLES ACCESS EASEMENT GRANTED HEREON AREA = 234 SQ. FT., MORE OR LESS ( ) INDICATES RECORD DATA PER MAP NO. 3761 P.O.C. INDICATES POINT OF COMMENCEMENT T.P.0.B. INDICATES TRUE POINT OF BEGINNING LAND SO �p5 B. ST�`F,c HUNSAKER L.S. 8553 � �� , &ASSOCIATES oovcl a SRO -----� L.S. 8553 Q- SAN DIEGO, INC EXP. 12131112 OF CALIFO PLANNING 9707 Waples Street ENGINEERING San Diego,Ca 92171 SURVEYING PH(858)5584500•FX(858)558-1414 R.•1 05301&Mop 1 EP Public Moint Esmt— De/otorre SHT 01.dwg[]Ju1-16-2012:10:41 WO. 61-478 EXHIBIT " c " SHEET 2 OF 2 SHEETS PUBLIC MAINTENANCE EASEMENT � 1 3 ,A 1 "'� -- ------ I P.O.C. o a W — NE COR. LOT 14 �I N37'05'47"W R `D ~ 0 I 1 ~ � a APN. 256-234-13 (d=90'03'13" R=25.00' L=39.29 v d=90'0256" R=25.00' L=39.29 N82'04'0VR�R=45.° N17'12 59 R R=- 5.00 �8- �� — — N89'04'4 7"W 352_45' (N89'44'00"W 352.45) — — — — PUEBLA N STREET S,E, 1 /i► x\1,11\1. 1 ii SEC, 10 T. 13 S PARCEL 70-0 1 6 R 41 VV i s 8 Jail D 0 C. 1\10. 411801 RDS 87341 RrC, 3/ 1 2/ 197 '1 0 30 60 90 MEL- HUNSAKER SCALE 1"=30' &ASSOCIATES SAN DIEGO, INC PUNNING 9707 Waples Street ENGINEERING San Diego,Ca 92121 SURVEYING PH(858)5584500•FX(858)55&1414 R.\0530\&M0P\EP Public Moint Esmt— Delotorre SHT 02.dwg[]Jul-16-2012.•10:47 W.O. 61-478 —j EXHIBIT "D" TERMS AND CONDITIONS FOR DEDICATION OF PUBLIC EASEMENT FOR MAINTENANCE AND MAINTENANCE VEHICLE ACCESS The grant made by the Grantor named in the document Public Easement for Maintenance and Maintenance Vehicle Access for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions The grant shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for maintenance and maintenance vehicle 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 granting the Public Easement for Maintenance and Maintenance Vehicle Access. Grantors hereby further offer to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said Public Easement for Maintenance and Maintenance Vehicle Access, 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 Public Easement for Maintenance and Maintenance Vehicle Access Grantee, for itself, its successors and assigns, hereby waives claim for any and all damages to Grantee's remaining property contiguous to the Public Easement for Maintenance and Maintenance Vehicle Access hereby conveyed by reason of the location, construction, landscaping, or maintenance of said easement area This grant of easement may be terminated and 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 grant of easement 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 Public Easement for Maintenance and Maintenance Vehicle Access If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys 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 101730700.3 EXHIBIT"D"