2013-682732 D O C ## 2013-0682732
Recording Requested By: ) NOV 19, 2013 3:45 PM
n OFFICIAL RECORDS
�r tt1 ) SAN DIEGO COUNTY RECORDER'S OFFICE
City of Encinitas ' , ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER
��,�✓ �) FEES: 0.00
When Recorded Mail to: ) OC: NA
City Clerk ) PAGES. 9
City of Encinitas
05 South Vulcan Avenue
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
L PUBLIC PEDESTRIAN ACCESS, DRAINAGE,AND GENERAL UTILITY EASEMENT
a� Assessor's Parcel No: 261-101-37 Case#: 13-006 CDP
Paul Ingemanson as Trustee of The Bunker Trust U/T/A dated August 11. 1998,
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, a Public Pedestrian Access,
Drainage, and General Utility Easement, subject to the terms and conditions set forth in
City of Encinitas Resolution 2009-61 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.
G TO (S .
Paul Ingemanson, Trustee/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.
n'A/1' All J/— 111 1 ?)/ 13
F a. Glenn Pruim V Date
Director of Engineering and Public Works
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 29 AND 30 CONSOLIDATED INTO ONE LEGAL LOT IN BLOCK 6 OF CARDIFF, ACCORDING TO
THE MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 14, 1910 AS PER CERTIFICATE OF COMPLIANCE RECORDED AS DOC. NO.
2013-0630840, OCTOBER 22, 2013.
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EXHIBIT "B"
GENERAL UTILITY EASEMENT
AN EASEMENT FOR GENERAL UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE
EASTERLY 5.00 FEET OF THE WESTERLY 10.00 FEET OF LOTS 29 AND 30 CONSOLIDATED INTO
ONE LEGAL LOT IN BLOCK 6 OF CARDIFF, ACCORDING TO THE MAP THEREOF NO. 1298, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1910 AS PER
CERTIFICATE OF COMPLIANCE RECORDED AS DOC. NO. 2013-0630840, OCTOBER 22, 2013.
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EXHIBIT
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PERVIOUS
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40'
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5 PROPOSED GEN.w�
UTILITY EASEMENT o
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PROPOSED 3'
DECORATIVE c°n
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5' DEDICATION
FOR PUBLIC
RIGHT-OF-WAY 5
4' PCC CURB
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IRA VELWAY TPA VELWAY
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EXHIBIT "D"
Terms and Conditions for
Dedication of Public Pedestrian Access, Drainage, and General Utility Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of pedestrian access, drainage, and
general utility easement for 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 pedestrian access and use, for drainage, and for 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, 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.
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. The
termination and abandonment may be made by the Grantee.
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication of pedestrian access, drainage, and general utility
easement.
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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of O'C*qoQ_�
On fJyV�g&L 12- ,2003 before me, "'JO(L o Prtn - ►'AOI-Azt t 4'kc ,
Date Here Insert and Tide of am Officer
personally appeared p kjL. uou iS l NG NK &A- Sig-r(9)
ene>
who proved to me on the basis of satisfactory evidence to
be the person(o) whose name($) is/aro subscribed to the
within instrument and acknowledged to me that
he/sh tJjey executed the same in his/bcrAh*t authorized
capacity(i96), and that by hi&1W/tlleir signatures) on the
instrument the person(4), or the entity upon behalf of
Nu 41LO PIMENTEL which the personM acted, executed the instrument.
Commission#2021976
• Notary Pub - rnie
Monterey ey County ounty I certify under PENALTY OF PERJURY under the laws
My Comm.Expires Apr 26,2C1 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature gnature 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 --�__ 11
Title or Type of Document: �iL%C. Pd�k�S�\I�NN�`+ AccsrSS, rJ� .,A JD GCj,36QA%- uttui�e+a -rug,CC
Document Date: NoQ&AtW(L IZ )403 Number of Pages:
Signers Other T
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
• Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
• Partner—❑ Limited ❑ General _ O Partner—❑ Limited ❑ General
• Attorney in Fact • El Attorney in Fact
• Trustee Top of thumb here El Trustee
Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NabmgWotaryorg Rem+15907 Reorder:Cad Td-Free 1.800.876-6827
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of say, SS.
On — C' - 2013 , before me, `G ,�G. (A S 11M O y-) Notary Public,
DATE
personally appeared �S i h ,�C'AA 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.
.1 ANGELA A. SIMION
Comm.$2009314 in I certify under PENALTY OF PERJURY under the
N NOTARY PU"-CAUFORNU ='
SAM DIECOCOUNTY laws of the State of California that the foregoing
MY Comm.ENP MAR.2,2017
paragraph is true and correct.
WITNESS my hand and official seal.
"j?NOTARY�SSIGNATURE
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) TrrLE(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
0
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