2014-250946 DOC # 201 4-0250946
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Recording Requested By: ) JUN 17, 2014 3:46 PM
�/) ) OFFICIAL RECORDS
�e City of Encinitas j 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
11'( 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
l �
Assessor's Parcel No: 256-252-12 Bldg. Permit: 14-226
RANDY CASH MANNING AN UNMARRIED MAN 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.
GRANTOR(S): DOCUMENTARY TRANSFER TAX$ ---
2( '� CA--34 '-� G /I a
Randy Ca h Manning, Own r Date
Signature of"GRANTOR(S)"to be notarized.
Attach the,appropriate acknowledgments.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 5 Q0
On A/ h before me, 60✓7Q/nA,01 /`�eVVV OL/ NO jok���1�
Date / Here Insert Name and Title of a Officer
personally appeared 0q, rG anrli YI
Name(s)o ner(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
SAMANTHA MORROW which the person(s) acted, executed the instrument.
Commission No.2087518 n
i NOTARY PUBLIC-CALIFORNIA I certify under PENALTY OF PERJURY under the laws
SAN DIEGO COUNTY of the State of California that the foregoing paragraph is
Commission Expires May g,2018 g g p g ra p
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
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 yAssociation-9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NabonaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
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 Cit uncil of the City of Encinitas adopted on November 9, 1994
and th gr ee c sen s to recordation thereof by its duly authorized officer.
6/ 7//7
Glenn Pruim, P.E. Date/
Director of Engineering & Public Works
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of _61/7b-61V before me, RV-C,
Date f� Here Insert Name and Title of the Offic
personally appeared G�n /"1 �L/1')!)
Name(s)of Signer(s)
e
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
SAMANTHAMORROW which the person(s) acted, executed the instrument.
coe.ai:on No.=7518
TZMe�,ic.c�uFO�gw► I certify under PENALTY OF PERJURY under the laws
01mcotw y of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature �"4,a
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
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
ARN _
El 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:
0 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
THE SOUTHWESTERLY 150 FEET OF LOT 3, BLOCK "C" OF SOUTH COAST PARK
ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1788, FILED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER ON MARCH 29, 1924, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXCEPTING THEREFROM, THE SOUTHEASTERLY 180 FEET AND THE
NORTHEASTERLY 60 FEET THEREOF.
CONTAINS 10,800 SQUARE FEET MORE OR LESS.
4�� Q
�f c�64 o�
SEAN C. GLERT, P.L.S. 7959 DATE , �^
COASTAL LAND SOLUTIONS, INC k L& 7959
�9�OF CAUF���\P
EXHIBIT "B"
LEGAL DESCRIPTION
THAT PORTION OF LOT 3, BLOCK "C" OF SOUTH COAST PARK ANNEX, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL MAP THEREOF NO. 1788, FILED IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER ON MARCH 29, 1924, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 3, THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 3,NORTH 74 016'30" EAST, 22.00
FEET TO THE POINT OF CUSP, BEING A 20.00 - FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; A RADIAL LINE FROM THE RADIUS POINT BEARING NORTH
15°43'30" WEST; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 000'00", A
DISTANCE OF 31.42 FEET; THENCE ALONG A LINE PARALLEL WITH AND 2.00
FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3, SOUTH 15°43'30"
EAST, 100.00 FEET TO THE SOUTHERLY LINE OF THE NORTHWESTERLY 120.00'
OF SAID LOT 3; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 74 016'30" WEST,
2.00 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG
SAID WESTERLY LINE,NORTH 15 043'30" WEST, 120.00 FEET TO THE POINT OF
BEGINNING .
CONTAINS 326 SQUARE FEET MORE OR LESS.
JAAW qf�47 V6-6N I IAND SU
SEAN C. E LERT, P.L.S. 7959 DATE
COASTAL LAND SOLUTIONS, INC cn 70
LS. 7959 y
9�OF CAUF�¢�\Q
EXHIIBrr „c„
Ln
Ri
FULV I A STREET
P.O.B.
Ln N
N74 '16'30"E 90.00 '
62.0
� 68.00 '
N15 '43'30"W (R)
R=20.00 '
L=31. 42"
25 ' 25 ' r\ A=90 '00'00"
N74 '16'30"E (R)
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BB.00 ' _
N74 '16' 30"E
90.00 '
® INDICATES PROPOSED STREET DEDICATION SCALE: I =30 '
AREA = 326 SQUARE FEET
LAND
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\ COASTAL LAND SOLUITONS,INC. n
573 SECOND STREET C.' � `n L.S. 7959 S, ENCINITAS, CA 92024 f �r
FAX((760)2230-6600226 SEAN 7959 GLERT DATE q� �
l� OF CALIF
CLS#1193
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.