2013-571866 DO ## 201 3-0571 866
11111111111111111111111111111111111111111111111111111111111111111 IN Requested By: %—. ) SEP 17, 2013 4:13 PM
OFFICIAL RECORDS
City of Encinitas SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr.,COUNTY RECORDER
FEES: 0.00
When Recorded Mail to: `�� ) OC: NA
City Clerk ) PAGES: 8
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
D
`� EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
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Assessors Parcel No: 216-065-09 Permit#: 13-653
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Christopher P. Rogers and Tiffany J. Rogers, Husband and Wife, 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 4- f, the real property described as follows:
SEE XHIBIT "B" ATT HED HERETO AND MADE A PART HEREOF.
i
G NTOR(�)
Chris r P. Roger , wner z Date
Tiffa ge , Owner Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
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 grantee consents to recordation thereof by its duly authorized officer.
10 ' 1 `�/1Gt 13
1.0g Glenn Pruim Date
Director of Engineering and Public Works
City of Encinitas
EXHIBIT "A"
STREET DEDICATION
LEGAL DESCRIPTION
THE WESTERLY 27.00 FEET OF THAT PORTION OF LOTS 9 AND 10 OF
AVOCADO ACRES NO.3, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP
THEREOF NO. 2063, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON OCTOBER 3, 1927, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH
000 01'45" WEST ALONG THE WESTERLY LINE OF SAID LOT 9, A DISTANCE
OF 208.00 FEET; THENCE NORTH 89° 52' EAST, 208.0 FEET; THENCE SOUTH
000 01' 45" EAST, 216.04 FEET TO A POINT ON THE NORTHERLY LINE OF
ANDREW AVENUE; THENCE NORTH 80° 18' 30" WEST, 64.23 FEET, TO THE
BEGINNING OF A TANGENT 380 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE WESTERLY ALONG SAID NORTHERLY LINE AND
ALONG SAID CURVE 145.63 FEET, THROUGH AN ANGLE OF 210 57' 30" TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN CITY OF
ENCINITAS TRACT NO. 02-045, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL MAP
THEREOF NO. 14763, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON APRIL 5, 2004.
CONTAINS 3191 SQUARE FEET MORE OR LESS.
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D. MCTARLANE, P-1-3.78960 DATE �9�OF CAS
COASTAL LAND SOLUTIONS
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INDICATES PROPOSED
27.00 ' ROAD DEDICATION
AREA = 3191 SQUARE FEET
NOTE: BEARINGS AND DISTANCES
DEPICTED HEREON ARE IN
TERMS OF C.R. NO. 32553.
LAND g�
C DAWAL LAM sour open m c n
ILS 573 SECOND STFEET Q8'Z613 L.S. 8960
ENCDMAS, CA 92024
PH (760) 23D'M AR M FARLANE DATE
FAX (760) 230-6026 P.L.S. 8960 4�Ol< CA
CLS#1066R
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.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
of ,ea0 SS.
Count San D`
y
On 9- 11- 1 3 before me, -Rn aQ�C(_ (gym O n Notary Public,
DATE
personally appeared Ch r tr-}�p�'1 e r P• -4 TI�6 who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is are subscribed to the wI hin instrument
and acknowledged to me that he/she/0 executed the
same in his/her/ el uthorized capacity(ies), and that
by his/her/ eIr 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
ANGELA A. SIMON 1, laws of the State of California that the foregoing
Coln #2009314 paragraph is true and correct.
N NOTARY PIIBLIC•CAN'ORNNA N
SAN DIEGO COrIrtY
MY Corr.Ev.SM.2.2017 �
WITNESS my hand and official seal.
all 01. st"_�"' -
NOTARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(S)
❑ ATTORNEY-IN-FACT
NUMBER OF PAGES
TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) r
RIGHT
THUMBPRINT
OF L
SIGNER o
a
APAI/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM C 2005-2008 VALLEY-SIERRA INSURANCE
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S-�_n D1eo0 SS.
On �(- �r- Z� before me, �q�t6_ S i YYlCh , Notary Public,
DATE
personally appeared MUV-s-eir who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument
and ackno le ged to me that�she/they executed the
sam n is her/their authorized capacity(ies), and that
by is her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
ANGELA A. SIMON I certify under PENALTY OF PERJURY under the
- No oaw 314 N laws of the State of California that the foregoing COWM paragraph is true and correct.
Mr C w�VA.2 X11
WITNESS my hand and official seal.
An� 01"-
NOTARY'S SIGNATURE
PLACE NOTARY SEAL IN ABOVE SPACE
OPTIONAL INFORMATION
The information below is optional. However,it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(S)
❑ ATTORNEY-IN-FACT
NUMBER OF PAGES
❑ TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) RIGHT
THUMBPRINT g
OF
SIGNER o
H
APAI/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM X2005-2008 VALLEY-SIERRA INSURANCE