2013-597457 DOC # 201 3-0597457
Recording Requested By: j
OCT 01 , 2013 4:59 PM
OFFICIAL RECORDS
City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg.Jr.,COUNTY RECORDER
When Recorded Mail to: FEES: 0.00 NA
) OC: NA
�j City Clerk ) PAGES: 9
a City of Encinitas ) IIIIIIIIIIIIIIII
505 South Vulcan Avenue
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 260-081-39-00 Building Permit#: 13-982
DG PROPERTIES FUND, LLC, 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.
r r MENTARY TRANW TAX$—
GRANTOR(S):
6�-
DALZ ���ERTIES Date
M AGER OF FUND, LLC
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 50-r) D ! 1Ao SS.
On 9--2,S- 13 , before me, y) 4E o0. 1-1� S rnO n Notary Public,
DAFE
personally appeared ��V l n 17 a.t Ze.�I ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose names) is are subscribed the within instrument
and ac wle ged tome thah.she/they executed the
sam h' /her/their authorized capacity(ies), and that
by i 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 S1MON 1 certify under PENALTY OF PERJURY under the
COWJ 2009314 laws of the State of California that the foregoing
tQ . N0�So 0"CWM paragraph is true and correct.
wn Caw.EV.".2.207
WITNESS my hand and official seal.
OTARY'S SIGNATURE
V
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
R INDIVIDUAL
F1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(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 c
E
THUMBPRINT g
OF s
SIGNER o
0
F
APA1/2012 NOTARY BONDS,SUPPLIESAND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM x2005-2008 VALLEY-SIERRA INSURANCE
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 ga4ncil of the City of Encinitas adopted on November 9, 1994
and th g'7 tee co ent to recordation thereof by its duly authorized officer.
113
Glenn Pruim, P.E. Date
Director of Engineering & Public Works
City of Encinitas
ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of 50,V\ ,n G
On I O — \ — 3 before me, 6 rl Notary Public,
DALE
personally appeared (, �2 n n er u'% n---N ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s)0/are subscribed the within instrument
and ac wledged to me that 6/she/they executed the
sa /her/their authorized capacity(ies), and that
by 1i /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. SIItON I certify under PENALTY OF PERJURY under the
Comm.#2009314 laws of the State of California that the foregoing
U! • N0T"'y P1BL1C "
�COM paragraph is true and correct.
My Cow..Exwwl s 2017
WITNESS my hand and official seal.
10TARY"S S IGNATURE
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 c
THUMBPRINT
OF L
SIGNER —
a
a
APA1/2012 NOTARY BONDS,SUPPLIES AND FORMS ATHTTP://WWW.VALLEY-SIERPA.COM 22005-2008 VALLEY-SIERRA INSURANCE
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
A PORTION OF THE NORTH HALF OF LOT 19 OF RIDGEWAY HEIGHTS, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 3, 1929,AND AS
SHOWN ON THE RECORD OF SURVEY OF SAID RIDGEWAY HEIGHTS,
FILED FOR THE PURPOSES OF CORRECTION ERRORS IN THE ORIGINAL
MAP, BEING RECORD OF SURVEY NO. 1193, FILED IN THE COUNTY
RECORDER'S OFFICE ON SEPTEMBER 20 1945, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 19; THENCE
SOUTH 11°17'50" EAST ALONG THE EASTERLY LINE THEREOF, 83.25 FEET;
THENCE SOUTH 78 042'10"WEST, PARALLEL WITH THE NORTHERLY LINE
OF LOT 19, 121.00 FEET; THENCE NORTH 11°17'50"WEST, PARALLEL WITH
THE EASTERLY LINE OF LOT 19, 83.25 FEET TO AN INTERSECTION WITH
THE NORTHERLY LINE OF LOT 19; THENCE NORTH 78°42'10" EAST,ALONG
SAID NORTHERLY LINE, 121.00 TO THE TRUE POINT OF BEGINNING.
EXHIBIT "B"
LEGAL DESCRIPTION
RIGHT-OF-WAY DEDICATION
THE EASTERLY 2 FEET OF THAT PORTION OF LOT 19 OF RIDGEWAY
HEIGHTS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 3,
1929,AS DESCRIBED IN DEED RECORDED APRIL 16, 2013 AS DOC. NO.
2013-0237697 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY.
Chris D. Ciremele, L.S. 5267
N D S(�
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0 U No.LS 5267 m
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EXHIBIT "C"
RIDGEWAY HEIGHTS 1
MAP NO. 21 63 NE COR. U3
LOT 19 Z
20 121.00'
4 O"E z -�
N 78. 2'� , m
PROPOSED 2' Z
DEDICATION U;
OF R/W o
Z POR. 19 , 1-1 25'
ULTIMATE 27'
: A
R/W 2 m
OWNER
• n ��-, DG PROPERTIES
o FUND LLC w
ADDRESS-
dp 1386 RUBENSTEIN AVE R/W UL
CA CARDIFF, CA 92007
C, w APN:z 27'
260-081-39
121.00
PARCEL 2 N 78'42'io
NOTE:
BOUNDARY SHOWN HEREON
IS PER DEED REC. 411612013,
DOC. NO. 2013-0237697 OF
OFFICIAL RECORDS.
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Ckl,,,�
p.CI�M'QL��
PROPOSED
RIGHT OF WAY DEDICATION
N0.5267 �V PORTION OF LOT 19
MAP NO. 2163
CARDIFF, CA
SCALE. 1"=30' DATE. 911612011
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 Grantee
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.