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2014-502338 DOC # 201 4-0502338 I IIIIIII IIII VIII VIII VIII VIII VIII(IIII VIII 11111 11111 111111111 IN Recording Requested By: ) NOV 18, 2014 3:59 PM OFFICIAL RECORDS City of Encinitas ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg,Jr.COUNTY RECORDER When Recorded Mail to: ) FEES 0.00 OC NA City Clerk ) PAGES: 9 } City of Encinitas ) South 1 Avenue 11111 IN 1111 Encinitas, 92024 FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY `al APN: 258-342-18-00-/ Project: 14-109 CDP/ 12108-G DOCUMENTARY TRANSFER TAX$ Demian Kloer and Sherin Kloer, Trustees of the Demian Kloer and Sherin Kloer Family Trust, dated March 2 2006 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): % 44-- 11L Id Demian Kloer, Owner/Trustee Date 4A6V� Sherin Kloer, Owner/Trustee Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. I CALIFORNIA ALL-PURPOSE ' N� CERTIFICATE OF ACKNOWLEDGMENT State of California County of SAN tAEGo t On to-23_ t4 before me, J05r=P/+ C YLJ144S /1 k0T•4le y ij (here insert name and title of the officer) personally appeared AEM 14N KLOEi2 S 146RIN 1<1..oe& 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. JOSEPH C.YUHAS WITNESS m hand and official seal. Nonni:aeon� t963snia Y Koury Public•California Son Diego County C O'My Comm.Expires Dee 16 2015 Signature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed (Additional information) • The notary public must print his or her name as it appears within his or her I commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(S) he/she/dw)-is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partners) • Signature of the notary public must match the signature on file with the office of hEl Attome in-in the county clerk. I y- t •: Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ' [I Other Indicate title or type of attached document,number of pages and date. 5; Indicate the capacity claimed by the signer If the claimed capacity is a I` corporate officer,indicate the title(i.e.CEO,CFO,Secretary). (I • Securely attach this document to the signed document �I ii CAPA v12.10.07 800-873-9865 www.NotaryClasses.com 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 the ra a Mo recordation thereof by its duly authorized officer. ^/o✓ / 8 Z o/y Glenn Pruim Date Director of Public Works City of Encinitas ACKNOWLEDGMENT State of California County of San Diego ) On November 18, 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 Commission No.2067519 0 WITNESS m hand and official seal. J NOTARY PUBLIC CALIFORNIA Y SAN DIEGO COUNTY Commission ExpOw May 9.2018 Signaturecy� G`-/Y✓(.0���� (Seal) EXHIBIT"A" LEGAL DESCRIPTION THE SOUTH 60.00 FEET OF LOT 201N BLOCK G OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO 2141 FILED DECEMBER 4, 1928 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. C. ss��� EXHIBIT"B" LEGAL DESCRIPTION STREET EASEMENT AN EASEMENT FOR PUBLIC STREET RIGHT OF WAY,OVER, UNDER ALONG AND ACROSS THAT PORTION OF LOT 20 IN BLOCK G OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO 2141 FILED DECEMBER 4, 1928 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS, THAT PORTION OF SAID LOT 20 LYING SOUTHWESTERLY OF THE ARC OF A 10.00 FOOT RADIUS CURVE SAID CURVE BEING TANGENT SOUTHERLY TO THE SOUTHERLY LINE OF SAID LOT 20 AND TANGENT WESTERLY TO THE WESTERLY LINE OF SAID LOT 20. CONTAINING 22 SQ. FT MORE OR LESS, l� S 'N C. L3 5211 'OF CA��� EXHIBIT "C " STREET EASEMENT I _ 0 ~N W J L 0 T 20, BLOCK G MAP 2141 o o APN 258-342-18 W 0 0 I cn 0 o A 90 °10 '25" � A=15. 74 ' o � � R=10. 00 ' I � W ti Q S89 '46 '34"W 10. 03 ' LAND S�9 C LS 5211 N 4�AW' CAL1� SANTA FE DRIVE FASCO LARET SUITER INDICATES EASEMENT AREA 22 SQ.FT.+- & ASSOCIATES CIVIL ENGINEERING + LAND PANNING + LAND SURVEYING 10-16-14 535 N. HWY 101 -A- SULMA BEACK CA 92075 PL SA 2203 MO-259-9212 PASAENGDEERING.CON 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.