2014-516660 v
D O C # 201 4-051 6660
Recording Requested By: ) NOV 25, 2014 4:21 PM
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 9
City Clerk ) PAGES:
C City of Encinitas )
505 South Vulcan Avenue 111111 Hill illHill 111II111111 ill Hill 1111111111111111111111111 Hill Hill IN IN
� )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
\ FOR THE BENEFIT OF THE CITY
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 254-174-05V Building Permit: 14-1092 & 14-1093
DOCUMENTARY TRANSFER TAX$__0__-,_
JAMES J BISCHOFF and LUCINDA GRINNELL BISCHOFF as TRUSTEES, or their
successors in interest of the Bischoff Family Living Trust dated February 21, 1987, as
amended, 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.
GU(S):
JAMES J. BISCHOFF, TRUSTEE Date
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LUCINDA GIRINNELL BISCHOFF, TRUSTEE batel
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
ACKNOWLEDGMENT
State of California
County of San Diego )
On November 20, 2014 before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared James J. Bischoff and Lucinda Grinnell Bischoff ,
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.
SAMANTHA MORROW
h Commission No.2087518 n
WITNESS my hand and official seal NOTARY PUBLIC CALIFORNIA y
SAN DIEGO COUNTY
Commission Expires May 9,2018
Signature (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 the City Council of the City of Encinitas adopted on November 9, 1994
and th gr ee co is to recordation thereof by its duly authorized officer.
/Va✓
Glenn Pruim Date
Director of Public Works
City of Encinitas
ACKNOWLEDGMENT A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached,and not the
State of California truthfulness.
County of San Diego )
On November 20, 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.
SAMANTHA MORROW
JCommission No 2067518 0
t) NOTARY PUBLIC CALIFORNIA In
WITNESS my hand and official seal } SAN DIEGO COUNTY
} Commission Expires May 9,2018
Signature ��'�(-� (Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
BEING THAT PORTION OF LOT 8, OF CREST ACRES, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 2019, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 03, 1927 AS
FILE NO. 26678, MORE PARTICULARLY DESCRIBED AS FOLLOWS
THE SOUTHERLY 100 FEET MEASURED AT RIGHT ANGLES OF LOT 8 OF CREST
ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY ON MAY 03, 1927 AS FILE NO 26678
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EXHIBIT 'S"
LEGAL DESCRIPTION
V ROAD DEDICATION
TO THE CITY OF ENCINITAS
BEING THAT PORTION OF LOT 8, OF CREST ACRES, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 2019, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 03, 1927 AS
FILE NO 26678, MORE PARTICULARLY DESCRIBED AS FOLLOWS
THE MOST WESTERLY 5 FEET OF THE SOUTHERLY 100 FEET MEASURED AT
RIGHT ANGLES OF LOT 8 OF CREST ACRES, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 03, 1927 AS FILE
NO 26678.
CONTAINING AN AREA OF 512 SQUARE FEET MORE OR LESS.
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MICHAEL THOMPSON, P. .S.5706 DATE
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.