2014-171168 [HOC # 2014-0171168
Recording Requested By: ) APR 29, 2014 3:47 PM
/ ) OFFICIAL RECORDS
1� SAN DIEGO COUNTY RECORDER'S OFFICE
City of Encinitas ) Ernest J. Dronenburg,Jr.,COUNTY RECORDER
FEES: 0.00
LA OC: NA
When Recorded Mail to: ) PAGES: g
City Clerk )
City of Encinitas
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
PUBLIC EASEMENT FOR PRIVATE STREET
C Assessor's Parcel No: 261-280-01 J Case #: 13-025 DR/CDP
DEBBIE E UPLAND A SINGLE WOMAN, hereinafter called GRANTOR, is the owner 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 and convey for valuable consideration to the City of Encinitas, State
of California, hereinafter called GRANTEE, a Public Easement for Private Street, subject
to the terms and conditions set forth in City of Encinitas Resolution 2009-53 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.
NTOR(S):
�(/,�//v
D BBIE E. UPLAND, Owner Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
ACKNOWLEDGMENT
State of California ,
County of
it y
On
`� before me, ��/1Qi✓,�yi ��
(insert name and title of the officer)
personally ersonall appeared
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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
"*,F THAHER A.SHEHADEH
NOTA'Y PUBLIC-CALIFORNIA
WITNESS my hand and official seal. I m�
COMMISSION AMA E C COUNTY
`\IFS`"�—L� SAN MATED COUNTY
My Comm.Exp.May 17,2015 f
Signature v (Seal)
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 t City ncil of the City of Encinitas adopted on November 9, 1994
and th ra con n to recordation thereof by its duly authorized officer.
lenn Pruim Date
Director of Engineering Services
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOT 1 OF COUNTY OF SAN OF DIEGO TRACT NO. 4503-1, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11455, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1986.
PREPARED BY:
P-s 8548
Q
BLAKE E.TORGERSEN, PLS 8548 DATE
EXHIBIT "B"
PUBLIC EASEMENT FOR PRIVATE STREET
THE SOUTHEASTERLY 40.00 FEET OF LOT 1 OF COUNTY OF SAN OF DIEGO TRACT NO. 4503-1, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 11455, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 25, 1986.
CONTAINING 7,215 SQUARE FEET.
PREPARED BY:
T
co
tPy
-2s-1 q PLS 8548 �yTVI9
E E.TORGERSEN Q'
BLAKE , PLS 8548 DATE
r
EXHIBIT "C"
PUBLIC EASEMENT FOR PRIVATE STREET
S78°00'38"E (R) I I
EMERGENCY kp I
ACCESS
ROAD
N67-45'24"W (R) Q� /
o �
o �
MAP 11455
LOT 1 °w•
coo
ss t
05
tk
NOTE: BEARINGS & Q$
DISTANCE SHOWN ON ^^ OPEN
THIS PLAT ARE �. SPACE
COMPILED FROM RECORD 6� �1 ESM T.
DATA PER MAP 11455.
� o�
I
55g� p 35 1
1
o�-� I
��J� 32 ,o�y S7o 1
i
c?)
g5° LOT 2 'P� pp I
QJ oPO �
N VICINITYMAP 1
W E p�
S
0 30 605��` pF� m
PREPARED BY: C;
'( PACIFIC
OCEAN
SITE
BLAKE E. TORG �J
PLS 8548 PLS Bw
PASCO ET d "
Q'
�� q�c• N,,� q-ZS I
+�
ph 64S.ii^�.5? ' f•<?i55.i:.:-.4� 2 pics�'g:^a�r:ng.to:n
EXHIBIT "D"
Terms and Conditions for
Grant of Public Easement for Private Street
The 9 rant of public easement made by the Grantor named
is f th easement
a conds cum
for the benefit of the City of Encinitas, hereinafter G re on
and is subject to the following terms and conditions. Te public er, ease and across the
street shall be for a perpetual easement upon, through, private street,
hereinafter described real propert erectuon of publicb s gnagemand also the installation,
which purposes shall include the
construction, maintenance, repair, replacement, reconstruction ier home, cable television,inspection public
utilities, including, but not limited to, electric, gas, to p
sewer, public water, public storm drain, fire hydrants, app
urtenant facilities, and all
structure incidental thereto; as well as other public right-of-way uses deemed
necessary by Grantee; together with the perpetual right lic futility equipment eor for
facility
construction, maintenance, or alteration h any p
situated in or on said easement; and also the perpetual right lso ingress
t the egress of to
situ a
emergency access vehicles for emergency purposes;
other
remove buildings, structures, trees, bushes, undergrowth, flowers, andGaantee, its
obstructions interfering with the use of said herete; and also oh remove soil and other at such
successors or assigns and in addition t
materials within said right-of-way and to use the same necessary manner the construction,
mate needful, or
locations as said Grantee may deem proper,
reconstruction, and maintenance of said public utilities or structures incidental thereto.
To have and to hold said easement unto itself and unto its successors
any port and
ofs gns
forever, together with blic gcies� convey said ea
easement, to other p agencies.
real property referred to herein and made subject to said Sta es of California,Caliiffo grant
rnia, and is
The p p
situated in the City of ldocument granting the easement.
particularly described o n he
The Grantors hereby covenant and agree for themselves,
their heirs, successors, and n the
assigns,
that there shall not be constructed or maintained o any nature Grantee, or kind hat
real property or within said easement any building or structure Grantee, its successors
will interfere with the use of said�h the ingress d or right-of-way by said easement by said
or assigns, or that will interfere
Grantee, its successors or assigns. procedures in
This easement may be terminated inHighways accordance Codelof the State olf California.
Section 8300 et seq. of the Streets and
f acce tance of this offer, any and all trust deed(s) and easement(s) shall be
At time o P
subordinated to the public easement for private street.
ALA,-PURPOSE ACKNOWLEDGMENT
State of California
SS.
County of sax\ 'D1 ew
On y—_19- ?_0 I y before me, I—ly\a-e� c_ A • S1 M y n , Notary Public,
DATE
personally appeared_��1 QIn h PC who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is/ e subscribed the within instrument
and ackn ledged to me that she/they executed the
sam . his er/their authorized capacity(ies), and that
AWGEU A. SIMON by hi her/their signature(s) on the instrument the
N • 200934
NoyMy pU uc- uORN u► _ person(s), or the entity upon behalf of which the
So DKOO C01NTM erson s acted executed the instrument.
Mr cow.Ev.MM.2.2017 p
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
,. i►oz'z u,rw eNa Boa An
AINI 3 00310 NVS
�p VINHOMM-3118ne AINION
W MONZ SAM
NORIS 'Y V130NV 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
THUMBPRINT
OF
SIGNER o
a
0
APAI/2012 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM X2005-2008VALLEY-SIERRAINSURANCE