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2013-112926 DOC ## 201 3-011 2926 1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III � I FEB 20, 2013 4:59 PM Recording Requested B OFFICIAL RECORDS g q y' SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg,Jr.COUNTY RECORDER City of Encinitas FEES 4 ao 4 OC NA JA When Recorded Mail to: PAGES: 9 1 A City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE ,A FOR THE BENEFIT OF THE CITY DOCUMENTARYTRANSFE- $ � PUBLIC EASEMENT FOR MAINTENANCE AND MAINTENANCE VEHICLE ACCESS Assessor's Parcel No: 256-234-05 Case #: Victoria S. Lindquist, 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, do 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, Victoria S Lindquist Date Signature of"GRANTOR"to be notarized Attach the ap ro riate acknowled ments. 101730621 7 STATE OF CALIFORNIA ) COUNTY OF—' _ ) On &4 , OLD I 'A , before me, \ Nota Public, personally appeared who proved to me on the basis of satisfactory evidence to'be the person(s)whose name(s) is/ate subscribed to the within instrument and acknowledged to me that be/she/ executed the same in.109/her/Umvir authorized capacity(ies), and that by 1*/her/iftir 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. WITNES Tynd/ d official seal PATTY RIVAS 4/ 4ZA COMM.#1960370 Signat re (Seal) NOTARY KWIC•CALIFORNIAS SAN DIEGO COUNTY j Commiaaon t!! Nov 13,2015 1017306217 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 Cop of the City of Encinitas adopted on November 9, 1994 and the n conse s t ecordation thereof by its duly authorized officer M,j/' Glenn Pruim Date Director of Engineering and Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �C'.�:tSf•l'.c;C.c:6,c�t�.c;t3�C,ct.cf.,cif.,E;C.�;fJc:f>�Y.ff.e;�c.�;c>.�,c:f'.c:F.�A.cizSC:t>.e:c`.c:r�.cH.c;P.c:t`.M.etae;<.c;t.e:tsF:l.ct,cl.c:c�;c.�scSC;t.c:r3e:t.c:rc:t.,E^c>.�,'Y State of California�� County of •;.�rir ))/ I �I I �t On '' U 13 before me, �'0✓� fv�3 � r ate l Uj �F Here Insert Name and Title of the Officer ' C� fi personally appeared -14,Lfl/1 Name(s)of Signer(s) I �I who proved to me on the basis of satisfactory fi evidence to be the person(s) whose name(s&are fi subscribed to the within instrument and acknowledged t me that �he/they executed the same in fi his er/their authorized capacity(ies), and that by RANDA GAIL MILLJOUR N ; �~V Commission#1916144< er/their signature(s) on the instrument the t Notary Public- CallforniaN person(s), or the entity upon behalf of which the San Diego County 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. fi fi WITNESS my hand and official seal A Signature Z7 - Z� ~ L(,4, Place Notary Seal Above Sign OPTIONAL re of Notary Public , 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. Description of Attached Document fi Title or Type of Document: fi Document Date Number of Pages fi Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) fi Signer's Name Signer's Name fi -1 Corporate Officer — Title(s) L Corporate Officer — Title(s) fi 1 Individual " °" �J Individual - fi Partner — ❑Limited ❑General Top of thumb here C Partner — [I Limited El General Top of thumb here ❑ Attorney in Fact Attorney in Fact fi F1 Trustee I Trustee fi CI Guardian or Conservator ❑Guardian or Conservator fi L l Other- 1 Other- fiSigner 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 LOT 8 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. LAND S� ST'QL�s O -o LS 8553 DOUGLAS 13 ST UP P L.S 8553 �9�F HUNSAKER &ASSOCIATES SAN DIEGO, INC �� cALZF PAGE 1 OF 1 :ML M:\0061\478\Legal Description\A09 Lindquist Legal-Exhibit A.docx WO 61-478 7/16/12 EXHIBIT "B" LEGAL DESCRIPTION THAT PORTION OF LOT 8 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 8, THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 02 033'56" WEST (S 01°54'15"W RECORD PER MAP NO. 3761), 37 12 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 02 033'56"WEST, 8 62 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 68 042'37"A DISTANCE OF 29 98 FEET TO THE BEGINNING OF A NON-TANGENT 46 80 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 83°18'59" WEST; THENCE LEAVING SAID EASTERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44 047'47"A DISTANCE OF 36 59 FEET TO SAID EASTERLY LINE OF LOT 8 AND THE TRUE POINT OF BEGINNING THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 237 SQUARE FEET, MORE OR LESS LAND s�� C� _j J 'F0 O / v L.S. 8553 Q DOUG S B ST OUP P L.S 8553 OF CALZFpQ�ti HUNSAKER &ASSOCIATES SAN DIEGO, INC PAGE 1 OF 1 :ML M:\0061\478\Legal Description\A01 Public Maintenance Esmt-Lindquist.docx WO 61-478 7/16/12 EXHIBIT " C " SHEET 1 OF 2 SHEETS PUBLIC MAINTENANCE EASEMENT 0 LEUCAMA BL W. PASSIFLORA AV . w PUEBLA ST. SIOANIA AVE SITE ti C1 Z 6 yG � APN: 256-234-05 LEGEND: ® INDICATES PUBLIC MAINTENANCE AND MAINTENANCE VEHICLES ACCESS EASEMENT GRANTED HEREON AREA = 237 SQ. FT., MORE OR LESS ( ) INDICATES RECORD DATA PER MAP NO. 3761 P.O.C. INDICATES POINT OF COMMENCEMENT T.P.O.B. INDICATES TRUE POINT OF BEGINNING � ' LAND SG �OJ �DGv Op L.S. 8553 try tiP HUNSAKER _ _ _ _----_-7_�� 6/�__ &ASSOCIATES DOUGLA B. STRO / L.S. 8553 of CA�LFO� SAN DIEGO, ING EXP 12/31/12 PLANNING 9707 Waples Street ENGINEERING San Diego,Ca 92121 SURVEYING PH(858)55&4500•EX(858)558&1414 R.•�05301&Mop\EP Public Moint Esmt— Lindquist SHT 01.dw9[)Ju1-16-2012:08:20 W.O. 61-478 EXHIBIT 99 C 9!11 SHEET 2 OF 2 SHEETS PUBLIC MAINTENANCE EASEMENT l 11b Q:� 1 J P.O.C. NE COR. L 0 T 8 n, ^W W Z ;� N38'31'1121WR) -2 T.P.O.B.� J APN. 256-234-05 p�� �' ►--� v lob 0 Z W I . h 0 d=88'21'17" R=25.00' L=38.55' v W 66=8872145" R=25.00' L=38.56) o N83'18'59W�V R=46.80' �v N 18'43 27'W(R) R=25.00' _ _N89'04'47"W 391.96' PUEBLA N STREET FARCE L 1J J J 6!1 s D JC. 1\10. l 1 JJ 1 S 41 JN VV, 1 4 R C• 3/ 12/ 1971 Sr C. 10 T, J 3 �. R)DS 8734 0 30 60 90 SCALE 1"=30' HUNSAKER &ASSOCIATES SAN DIEGO, INC PUNNING 9707 Wa*Street ENGINEERING San Diego,Ca 92171 SURVEYING PH(858)558.4500•FX(858)558.1414 R.•\0530\&MaP\EP Public Maint Esmt— Lindquist SHT 02.dwg[]✓W-16-2012:10:18 W.O. 61-478 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 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. 101730700.3 EXHIBIT"D"