2013-648423 DOC # 201 0-0040420
1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording Requested By: ) OCT 29, 2013 4:28 PM
OFFICIAL RECORDS
City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr.,COUNTY RECORDER
FEES: 0.00
G P When Recorded Mail to: ) OC: NA
City Clerk ) PAGES: 9
r City of Encinitas )
E 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: 254-351-08 Bldg. Permit: 13-768
RICHARD A. HOBART AND ANDREA B. HOBART, HUSBAND AND WIFE AS JOINT
TENANTS, 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.
GRAM
R 7u):
Richard A./0obart, dkner Date
401—� 10/1-11(4 /1 --�
Andrea B. Hobart, Owner Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofd Dl eG SS.
��
On to — 7--LA- Z-013 , before me, 1T11 0�a�6 - S1 Yn C h , Notary Public,
DATE .�
personally appeared J2t c,�arc� A , � t�n mIreo- y7. �Ab j o_''f- who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that
by his/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
N Comm.#2000314 I certify under PENALTY OF PERJURY under the
NO1Nn KKIC•CA NOMA =
S"oaao cou�n laws of the State of California that the foregoing
""Cow.EV.MA° z,20V paragraph is true and correct.
WITNESS my hand and official seal.
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) s
RIGHT i=
THUMBPRINT g
OF L
SIGNER
a
APA 1/2012 NOTARY BONDS,SUPPLIESAND FORMS ATHT,rp://WWW.VALLEY-SIERRA.COM C 2005-2008 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 C ncil of the City of Encinitas adopted on November 9, 1994
and the ra a con nt to recordation thereof by its duly authorized officer.
` /P/Z-'/r3
Glenn Pruim, P.E. Date
Director of Engineering & Public Works
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
4
State of California
County of J41"
On Z 7 20/3 before me, ��/bs/ E�/L �f/G�C�OVie it/�T�ieq/y6G/G
Date Here Insert Name and Title of the Officer `
personally appeared 9AIA/ /0iQf///1
Name(s)of Signer(s)
who proved to me on the basis of satisfa ory
evidence to be the person(s) whose name( i /are
subscribed tot ithin instrument and acknowledged
e that hgAhe/they executed the same in
hi er/their authorized ca acit ies and that b
i p Y( )� Y
RANDA GAIL MILLJOUR is her/their signature(s) on the instrument the
(un) VK��, Commission#1916144 < rson(s), or the entity upon behalf of which the
Notary Public - California(n person(s) acted, executed the instrument.
> , San Diego County ?
My Commission Exp. ,tan. 6, 2015 1 certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
i�
WITNESS my hand and official seal.
Signature: Az&
Place Notary Seal Above Sign re of Notary Public
OPTIONAL
Though the information below is not required by law, 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:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): -1 Corporate Officer — Title(s):
Individual L-1 Individual
❑ Partner — �:]Limited El General Top of thumb here ] Partner — ,J Limited Ei General Top of thumb here
❑ Attorney in Fact El Attorney in Fact �)
ill E Trustee
❑Trustee
fry I
❑ Guardian or Conservator I Guardian or Conservator
Other: 7 Other:
Signer Is Representing: Signer Is Representing:
2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 37, HILLSIDE ACRES, ACCORDING TO MAP
THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JANUARY 25, 1927, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT; THENCE
SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT, A
DISTANCE OF 95 FEET; THENCE NORTHWESTERLY ALONG A LINE
PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT TO THE
NORTHWESTERLY LINE THEREOF; THENCE NORTHEASTERLY ALONG
SAID NORTHWESTERLY LINE, 95 FEET TO THE MOST NORTHERLY
CORNER OF SAID LOT; THENCE SOUTHEASTERLY ALONG THE
NORTHEASTERLY LINE THEREOF TO THE POINT OF BEGINNING.
EXCEPTING THERE FROM THE NORTHWESTERLY Y2 THEREOF.
EXHIBIT "B"
EASEMENT DESCRIPTION
REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 37, HILLSIDE ACRES, ACCORDING TO MAP
THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JANUARY 25, 1927, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT; THENCE
SOUTH 49 DEG. 35' 50" WEST 95.00 FEET; THENCE NORTH DEG. 40 24'
10" WEST 5.00 FEET; THENCE NORTH 49 DEG. 35' 50"EAST 95.00 FEET;
THENCE SOUTH 40 DEG. 24' 10" EAST 5.00 FEET TO THE POINT OF
BEGINNING.
RAY SPEN R ES 3065
EXP: 6/30/14 x;¢
EXHIBIT "C"
LOT 38 — MAP 1992
\ s
moo
�-
EASTERLY ,
\ LOT 3 — MAP 1992 LOT 37,, MAP 1992.R
\ ti
\ moo
`s �2 APN: 254-351-08-00
1"=50' \ 5.Oft
LOT 36 — MAP 1992 0`��0� /
P�oc7-
Ao� / QO
\ o`` 03� /yQ`°
P
SITE
�y NORMAND RD.
1-5
�G
R` RAY SPENZER
LELICADIA BLVD. LS 30 5-EXP: 6/30/14
SPENCER-LUEY SURVEYING
220 LINDA MAR DR.
VICINITY MAP SOLANA BEACH, CA. 92075
NO SCALE
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.