2014-387913 4 r 1
D O C ## 201 4-038791 3
Recording Requested By: ) SEP 09, 2014 4:88 PM
�lp ) 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 PAGES: 9
p( � City Clerk )
City of Encinitas
l (� 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
f ��\ Assessor's Parcel No: 258-344-17'// Case #: 14-043 CDP
DG PROPERTIES FUND, LLC A DELAWARE LIMITED LIABILITY COMPANY,
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)
In alzell Date
D roperties F
,Q, r
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 of the City of Encinitas adopted on November 9, 1994
and the to nse s to ecordation thereof by its duly authorized officer
Glenn Pruim Date
Director of Public Works
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 1 OF BLOCK "A" OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 4, 1928.
DESCRIBED AS FOLLOWS:
L3 3211
CA1-�
EXHIBIT "B"
LEGAL DESCRIPTION
AN EASEMENT FOR PUBLIC ROADWAY PURPOSES OVER, UNDER, ALONG AND ACROSS THAT
PORTION OF LOT 1 OF BLOCK "A" OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2141, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 4, 1928.
DESCRIBED AS FOLLOWS:
THE EASTERLY 6.00 FEET OF SAID LOT 1.
EXCEPTING THEREFROM THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE
OF THAT 10.00 FOOT WIDE EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO PER
DOCUMENT RECORDED NOVEMBER 29, 1954, IN BOOK 5442, PAGE 543 OF OFFICIAL RECORDS
OF SAID SAN DIEGO COUNTY.
TOGETHER WITH THAT PORTION OF SAID LOT 1 LYING SOUTHEASTERLY OF A CURVE CONCAVE
TO THE NORTHWEST HAVING A RADIUS OF 20.00 FEET WHICH CURVE IS TANGENT TO BOTH
THE EASTERLY LINE OF SAID LOT1 AND NORTHERLY LINE OF SAID SAN DIEGO COUNTY
EASEMENT.
CONTAINING 724 SQ. FT. MORE OR LESS
. N C.
L3 5211
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of c �F
EXHIBIT "C is
S89*23'13"E 6.00
LAND S�9
QN C' yGyFo �/1
LS 5211 I `\'
6.00
q �p N
cA�iF
LOT 1
BLOCK "A" o O
MAP 2141
APN 258-344-17 0 ui
2
/ o �
EASEMENT TO THE CITY OF Q)
ENCINITAS PER DEED I
FECORDED MAY 19, 2005,
AS DOC W66ER 2005-0425465, '
R=20.00Ft.
A=31.22Ft. i
A 89'26'54" ; I
- !'.
--------------L------ ---------1t J --L-1
S89'31'09"E
0 25.81'
I
10' EASEMENT TO THE COUNTY
OF SAN DIEGO PER DEED
PECORDED NOVEMBER 29, 1954, 1
IN BOOK 5442, PAGE 543 OF OR.
SANTA FE DP
PASCO LARET SUITER INDICATED EASEMENT
& ASSOCIATES AREA 724 SO. FT. +-
CU L BODEOW+LAND PLANNING+ LAND SWUM
535 N.MY f01 'A'SM"EEACK CA 92075
08-25e-OM PLSENGDEMS ooN PL SA 2224
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
ACKNOWLEDGMENT
State of California
County of -�
On l 3 before me, 9
A Notary Public in and f r said State perso Ily app ared
Ze-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
ire subscribed to the within instrument and acknowledged to me that h-citshe/they executed
the same in Is er/their authorized capacity(ies), and that by Is er/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.
WITNESS my hand and official seal
KARYN DILLON
Commission # 1916063
Notary Public -California z
z San Diego County r
sigj3abirp My Comm Expires Dec 9, 2014
(Seal)
ACKNOWLEDGMENT
State of California
County of San Diego )
On September 5, 2014 before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared Glenn Pruim ------------------------------------------------------------------
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.
-��0"bk WITNESS my hand and official seal SAMANTHA MORROW
NOTARY U ORNIA
SAN DIEGO COUNTY
Commission Ex 9 {
8'IaY ,2018 f
Signature ,l�i'giyt`1 �� (Seal) P�