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2014-160601 D O C ## 2014-0160601 t �� IIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII r Recording Requested By: �.� ) APP 22, 2014 4:07 PM OFFICIAL RECORDS } SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr.,COUNTY RECORDER City of Encinitas FEES: 0.00 OC: NA When Recorded Mail to: l�j ) PAGES: 9 City Clerk City of Encinitas 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 I�/� Assessor's Parcel No. 260-072-32-00 Case#: F V V T LP a California Limited Partnership, hereinafter called GRANTOR(S), is 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. GRANTOR(S): ?!E7 L Grantors Name as Vested, Owner Date Print Name: -e,f,4A1K 1//2GA��RmU Title: � E Z G ntors Name as sted, Owner Date Print Name: Title: Signature of"GRANTOR(S)"to be notarized_ Attach the appropriate acknowledgments. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c State of California County of salani.. a On of before me, nA Date Here Insert Name and Ime of thVOfficer personally appeared Ad AAW- Nlkine(S)of Slgnar(s) 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 JUNG RAN CHOI person(s) acted, executed the instrument. Cwmission No.1693143 C,- NOTARY PUBLIC•CALIFORNIA ff v SAN DIEGO COUNTY 3 1 certify under PENALTY OF PERJURY under the Commission Expires June 19.2014 laws 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 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: ago �Y P�✓ (� — e,4 Document Date: 6t, 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): ❑Corporate Officer — Title(s): ❑ Individual ❑Individual ❑ Partner— ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact D Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: 4 Signer Is Representing: Signer Is Representing: O 2012 National Notary Association •NationalNotary.org• 1-8(0 US NOTARY(1-800-876-6827) Item#5907 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 ncil of the City of Encinitas adopted on November 9, 1994 and t gr ee rl recordation thereof by its duly authorized officer. /4, Glenn Pruim, P.E. Date Director of Engineering & Public Works City of Encinitas ALL-PURPOSE ACKNOWLEDGMENT State of California County of SL'�v` - SS. On L{— — l y , before me, ffiy eA0, t4• S mp y-) , Notary Public, DATE personally appeared �e►n Y-\ Pf U i rn ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(Oare subscribedw the within instrument and ack ledged to me that hEe she/they executed the samnUher/their authorized capacity(ies), and that by hi 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 I certify under PENALTY OF PERJURY under the ►p Comm.# 2009314 laws of the State of California that the foregoing N NOTARY PUBLIC•CAUFORNU N SANDIECOCOUNn - paragraph is true and correct. MY Cow.Ev.MAR.2,2017 WITNESS my hand and official seal. - A. alg4NOTARY'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 g OF SIGNER a 0 APA1/2012 NOTARY BONDS,SUPPLIESAND FORMS ATHT'FP://WWW.VALLEY-SIERRA.COM 02005-2008 VALLEY-SIERRA INSURANCE EXHIBIT "A" SUBJECT PROPERTY LEGAL DESCRIPTION THE NORTHERLY ONE-HALF OF LOT 3 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, EXCEPT THE EASTERLY 226.86 FEET THEREOF. CASE NO. WA PAGE 1 OF 1 EXHIBIT "B" ("EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY") LEGAL DESCRIPTION THE WESTERLY 2.00 FEET OF THE NORTHERLY ONE-HALF OF LOT 3 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 3 OF MAP NO. 2163; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 3, NORTH 78°42'10" EAST, A DISTANCE OF 2.00 FEET; THENCE LEAVING SAID NORTHERLY LINE, ALONG A LINE PARALLEL TO AND 2.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3, SOUTH 11 011'50" EAST, A DISTANCE OF 100.00 FEET; THENCE LEAVING SAID PARALLEL LINE, ALONG THE SOUTHERLY LINE OF THE NORTH ONE-HALF OF SAID LOT 3, SOUTH 78 042'10" WEST, A DISTANCE OF 2.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3, BEING THE EXISTING EASTERLY RIGHT- OF-WAY LINE OF RUBENSTEIN AVENUE AS DEDICATED ON SAID MAP NO. 2163; THENCE ALONG SAID WESTERLY LINE OF LOT 3 AND SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 11°11'50" WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET (0.005 ACRES), MORE OR LESS. ATTACHED HERETO IS A DRAWING LABELED "EXHIBIT B" AND BY THIS REFERENCE MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE: ti"-W STEV N M. HOWELL, PLS 5758 LICENSE EXPIRES 6/30/14 DATE: April 6, 2014 \p,ND SvR a M N G O O i EXPIRES No 5758 CASE NO. r9T�OF Cp,�\FOQ` PAGE 1 OF 1 EXHIBIT 'C' CASE NO.. EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY NW COR. LOT 3 _ INp 50 (P.O.B.) MA 2163 ,1 E-226.86, ' R EX1 ST p PER LOT 2 " 133-00' N78-42 DEDICATED N 2163• 42,10 E N78 _ POPTION 131 0 Q© q 1 oo' o N, l/2, LOT 3 to 1 2' PIS ° 1 Z n J N, 1/2, LOT 3 o P 2/ MA 63 MAP 2163 N DEED PER DOC. 6 86' 0 0 2012-0528930, REC. '42'1 0"E-�' o 09-04-2012 O.R. N 7 o � 2.00 o, 129.2 '42'10 131.20 m N78 POPTION S, l/2, LOT 3 MAP 2/63 LEGEND 0 20 40 80 ® EASEMENT FOR PUBLIC ' STREET RIGHT-OF-WAY SCALE IN FEET l'--40' 200.0 SQ.FT. P.O.B. DENOTES PT.OF O EXISTING V EASEMENT FOR SANTA � DRIVE� BEGINNING UTILITIES PER DOC.REC. 06/16/1969 AS FILE NO. 106541 O.R. c THE BASIS OF BEARINGS OB EXISTING 5'EA FOR IS THE NORTH LINE OF SEWER C OC. LOT 3 OF MAP NO.2163. REC.06 5� 11061 Mkt W`RWICK O 71 a 4 EXPIRFS 0 n 1�G1,pl� ��,9� No 575 OPT\ U 1R� F�F Cp`�\F C SEE EXHIBIT B FOR LEGAL DESCRIPTION. VICINITY MAP (NO SCALE) APRIL 7 , 2014 STEVEN M.HOWELL CITY OF ENCINITAS LAND SURVEYOR SHEET 1 9760 MESA SPRINGS WAY #33 1275 RUBENSTEIN AVENUE 1 SHEETS SAN DIEGO, CALIFORNIA 92126 858-621-6050 2014-04 STREET EASEMENT DEDICATION 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.