2013-682733 DOC ## 201 3-0682733
,
Recording Requested By: ) NOV 19, 2013 3:45 PM
OFFICIAL RECORDS
� 1 ) SAN DIEGO COUNTY RECORDER'S OFFICE
City of Encinitas U ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER
�oo FEES: 0.00
When Recorded Mail to: ! �"� ) OC: NA
City Clerk i ) PAGES: 9
City of Encinitas �
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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: 261-101-37 Case#: 13-006 CDP
Paul In4emanson, 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, 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.
GRA R(S
,e� 1l�CZll3
Paul Inge son, Trustee/Owner Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
SEE A T.4CNED FOR NOTARY
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 ecordation thereof by its duly authorized officer.
All , /I/l i t I g f 13
(=o,( Glenn Pruim 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.
�QH C.
55211
EXHIBIT "B"
PUBLIC RIGHT OF WAY DEDICATION
AN EASEMENT FOR PUBLIC RIGHT OF WAY PURPOSES OVER, UNDER, ALONG AND ACROSS THE
WESTERLY 5.00 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.
^_S 5?11
1
i
EXHIBIT "C"
CENTERLINE OF
SAN EL IJO
AVENUE
PERVIOUS
PAVERS -
I�
40 5 DG r-1
5' PROPOSED GEN.
FUTILITY EASEMENT
PROPOSED 3' o
DECORATIVE I
FENCE
5' DEDICATION
'1
FOR PUBLIC
RIGHT-OF-WA Y 5'
rTi 4" PCC CURB 5,
r
l
C 0" HT 6
WIDE PCC
FLUSH CURB
a i
13'.t 13't 5.0'
TPA VELWAY TPA VELWAY
LAND S�9
AV QN C. yGti�o
S 5211
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1 II =
10' Tq�OF CALZF��~
PL SA 2025
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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On fJu"l`tAk361 Q_ 2_o�3 before me, 1JJNILO plKt�t� . A)CzArz� pugs\C
Date Here Insert Name and Titl
of the ONioer
personally appeared (-)%uL Lo�;S i ticM auS�
Name(a)of Signers)
who proved to me on the basis of satisfactory evidence to
be the person(p) whose name(s) is/ape subscribed to the
within instrument and acknowledged to me that
he/soa/t4ey executed the same in his/b6rAI`*r authorized
capacity(i*, and that by his/her/thor signature(s) on the
NUNILO PIMENTEL instrument the person(p), or the entity upon behalf of
fah,6
Commission#2021976 which the person(s) acted, executed the instrument.
Notary Public-California
Monterey County I certify under PENALTY OF PERJURY under the laws
mv Comm.Ex ira A r 26,201 7 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notaky Pudic
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: Nvv&Af tt2 Number of Pages: �
Si m
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 _ ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact • - ❑Attorney in Fact
❑ Trustee Top of thumb here ❑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.Boot 2402•Chetawwth,CA 91313-2402•www.Naborw#4otary.org ttem+15907 Header.Cal Tc"m 1-800876.8827
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San '1 t c SS.
On — \ 2'1— —.10 k3 before me, Phq G e. CA, S l m p n , Notary Public,
DATE
personally appeared V &'V-N e.r- 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 R. SIYON I certify under PENALTY OF PERJURY under the
Comm•#2009314 N laws of the State of California that the foregoing
N
NOTARY SA Pu*IC•COOTY _ paragraph is true and correct.
SAN DIEGO CouRn
Mr Cow.EIP.MAR.2,2011 r
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) RIGHT a
THUMBPRINT
OF t
SIGNER
a
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