Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2014-116640
D 0 C # 201 4-011 6640 �(0 Recording Requested By: ) MAR 25, 2014 3:59 PM a� ) OFFICIAL RECORDS City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 0.00 When Recorded Mail to: ) OC: NA City Clerk ) PAGES: 9 City of Encinitas ) 11111111111111111111 IN IN 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY 4Vt \ \ EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY V � Assessor's Parcel No: 254-351-12-00 Building Permit #: 10-588/589 JODY MORRIS AND VASAMA MORRIS, HUSBAND AND WIFE, 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. GRANT, (S): 1 I I JODY MO RIS Date %D�— ) 1 ( 2-1 VASAMA MORRIS 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 Resolutio,p of the City Council of the City of Encinitas adopted on November 9, 1994 and the r tee 7n t r cordation thereof by its duly authorized officer. T AA Peter Cota-Robles Date Director of Engineering Services City of Encinitas EXHIBIT ""A" LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE NORTHEASTERLY 80 FEET OF LOT 36 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927, THE SOUTHWESTERLY LINE OF SAID NORTHEASTERLY 80 FEET BEING PARALLEL WITH AND MEASURED AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID LOT 36, EXCEPTING THE NORTHWESTERLY 262.25 FEET THEREOF. APN: 254-351-12 ADDRESS: 888 NORMANDY ROAD, ENCINITAS, CA 92024 DS O� v U WQ Zn�� O Di ASS 792 P�`P ��OF CA1-AFC EXHIBIT "B" LEGAL DESCRIPTION OF RIGHT-OF-WAY DEDICATION ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 7.00 FEET OF THE NORTHEASTERLY 80 FEET OF LOT 36 OF HILLSIDE ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.1992, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1927, THE SOUTHWESTERLY LINE OF SAID NORTHEASTERLY 80 FEET BEING PARALLEL WITH AND MEASURED AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID LOT 36, EXCEPTING THE NORTHWESTERLY 262.25 FEET THEREOF. CONTAINS AN AREA OF 560.00 SQUARE FEET, MORE OR LESS. ADDRESS: 888 NORMANDY ROAD, ENCINITAS, CA 92024 EXHIBIT "C" PLAT OF EASEMENT N49°35'50"E 80.00' r � I I I I Cz]�d��DC LQC�L L�3 L@U 217 p0G°3 14 X36 I.AND S V n O c c ni ni lZ-3l-l� QS 79'Z1 q�OF CAL��°� oN+ rn a SITE Goo N - z y'� I THE NORTHEASTERLY 80' s (EXCLUDING THE NORTHWESTERLY 262.251 OF LOT 36,MAP 1992 o (HILLSIDE ACRES) LEUCADIA BLVD APN: 254351-12 PACIFIC OCEAN ENCIWAS I I 7 ROW DEDICATION � ) ` - N49 035'50"E 80.00' / N49 035'50"E 80.00' N O NORMANDY ROAD o LEGEND - - EXISTING PROPERTY BOUNDARY L T 2@ L@u 27 EXISTING CENTERLINE RIGHT-OF-WAY(ROW) DEDICATION 40' 20' 0 40' 80' / \ SCALE IN FEET 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 Grantor 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 okc�� On / before me,7T wit iq X11Z_e_7Z_)UC, t)61W Y IL 4 Date Here Insert Name and Title of the Officer personally appeared JW V lubie'e16 0,,k7Gt- VIL'Vqpl9 PDT-,e/,5 Name(s)of Signer(s) who proved to me on the basis of satisfacto evidence to be the person(s) whose name(s) ' ar subscribed to the within' rument and acknowle ed to me r he/she/ ey executed the same in heir his/he authorized capacity(ies), and that by IRANDA GAIL MILLJOUR his/h their signature(s) on the instrument the 4 Commission#1916144< person , or the entity upon behalf of which the U) `" Notary Public- CaliforlI person(s) acted, executed the instrument. ` San Diego County A My Commission Exp. Jan. 6, 2015 I 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: Place Notary Seal Above Sign a 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: i. Signer(s)Other Than Named Above: � Capacity(ies) Claimed by Signer(s) I(�. Signer's Name: Signer's Name: ?� IT ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): El Individual [I Individual M. ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact I ❑ Trustee ❑Trustee I ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: I 0 2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ---Y : State of California County of&V n CU i On // before me,Rlft,lDA Z11<1-7Z)Ue, Am y PU6 L I Cate Here Insert Name and Title of the Officer l,# personally appeared ('_; 797'e Z4 7W - 2�6LES Li Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name re subscribed to t within instrument and acknowledged to me tha he he/they executed the same in " RANDA GAIL MILLJOUR is r/their authorized capacity(ies), and that by 0) ..` Commission#1916144< r/their signature(s) on the instrument the Notary Public- California;u or the entity upon behalf of which the San Diego County V My Commission Exp. Jan. 6, 2015 person(s) 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. iG WITNESS my hand and official seal. alert �G(c_ Signature. C� Irr! Place Notary Seal Above Sign a 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): ❑Corporate Officer—Title(s): ❑ Individual El Individual M. ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb here i ❑ Attorney in Fact L1 Attorney in Fact ❑ Trustee ❑Trustee i ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: i. Item#5907 ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827)