2014-17736 D 0 C # 201 4-001 7736
Recording Requested By: ) JAN 14, 2014 4:09 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
City of Encinitas ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER
FEES: 40.00
`l( )
When Recorded Mail to: ® 0 C: NA PAGES: 9
City Clerk 1 )
City of Encinitas
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
NOr\
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
W
Assessors Parcel No: 260-523-25 Case #: 13-
061 CDP
Rose Baldwin, Trustee of the Rose Baldwin Trust dated March 7, 2000, 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 TO (S):
Rose baldwin, Trustee/Ownef 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 Co it of the City of Encinitas adopted on November 9, 1994
and the nt , or s recordation thereof by its duly authorized officer.
Glenn Pruim Date
Director of Engineering & Public Works
City of Encinitas
•M
EXHIBIT "A"
LEGAL DESCRIPTION
SUBJECT PROPERTY
PARCEL 3 OF PARCEL MAP NO. 21004, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER ON SEPTEMBER 24,
2012.
ID S(rA
S5211
Of CAS
EXHIBIT "B"
LEGAL DESCRIPTION
EASEMENT PROPERTY
THE EASTERLY 1.00 FEET OF PARCEL 3 OF PARCEL MAP NO. 21004, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER ON SEPTEMBER 24, 2012.
CONTAINING 60 SQ. FT. MORE OR LESS.
,,4A LAMA S�j�L
C.
L3 S?11
11-4- 13
EXHIBIT "C "
STREET DEDICATION
PCL 2 PM 21004
LEGAL DESCRIPTION
0
; PARCEL 3 PARCEL MAP 21004
S88 °46'06"E
1. oo' �f w APN
-_j 260-523-25
U
OWNER
ROSE BALDWIN, TRUSTEE OF
THE ROSE BALDWIN TRUST
I DATED MARCH 7, 2000
I
I BIRMINGHAM DR.
ci
I I
I
I CRESTVIEW
DR.
SITE 70
cr-
PCL 3 PM 21004 CD I `D Q
31 3
L VICINTIY MAP
NOT TO SCALE
Iti I
can can
INDICATES STREET
DEDICATION AREA
60 SO. FT. +-
I I
I
� 3 LAND S�9
1. 00 ' I 30. 00 ' �o�,��QN C. yGy�o
� S 5211 Ln
N88 '46'06"W sTgTF OF CALZF�PP
1. 00 '
I
PCL 1 PM 3145
PASCO LARET SUITER
& ASSOCIATES
535 N.HWY 101"A"SOLANA BEACH, CA
858-259-8212
PLSA 2065
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.
a
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.
ACKNOWLEDGMENT
State of California
County of P !:2
� �u
On -2, before me,
insert name and title of t e officer)
personally appeared
who proved to me on the basis o satisfactory evidence o be the personV whose nameW is/y6
subscribed to the within instrument and acknowledged to me that- a/she/they executed the same in
J*/her/tok authorized capacity(igs), and that by.Ms/her/peir signatureW on the instrument the
person, or the entity upon behalf of which the person) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. C JULI DODD 7
OMM.# 1875837 to
NOTARY PUBLIC-CALIFORNIA N
[I- SAN DIEGO COUNTY `
&- MY Comm.EXP. JAN.17,2014
Signature (Seal)
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sxy-, SS.
On — l --2-0 I q , before me, PMaekG- A, Si rnO n , Notary Public,
DATE
personally appeared r o i o N who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s)91are subscribed t the within instrument
and acknpXlledged to me that;;she/they executed the
sa her/their authorized capacity(ies), and that
by hJ /her/their 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. SIt#ON laws of the State of California that the foregoing
_ 0�.#2009314 N paragraph is true and correct.
NOIARV PUSLV"AOONu
N SAM OIEOO COUN2 2017
API UW E><P.No.
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
F1 INDIVIDUAL
F1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(S)
❑ ATTORNEY-IN-FACT
NUMBER OF PAGES
F] TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: DATE OF DOCUMENT
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) RIGHT
c
THUMBPRINT
OF
SIGNER -
0
F-
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