2015-82543 DOC# 2015-0082543
' 1 111111 III t IIIII IIIII IIII 11111111111 IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording Requested By: ) Feb 24, 2015 03 44 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
City of Encinitas j SAN DIEGO COUNTY RECORDER
I' FEES: $2.00
When Recorded Mail to: ) PCOR. N/A
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
1� EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
✓
Assessor's Parcel No: 260-384-42 Case #: 12-151 PMW/CDP
DOCUMENTARY TRANSFER TAX$ Permit #13-1536
RONI J. GARDINIER, TRUSTEE OF THE TRUST AGREEMENT FOR THE RONI J.
GARDINIER TRUST DATED JANUARY 17, 2007, 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):
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Roni J Gardinier, Trustee Date
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 Cit YIQf uncil of the City of Encinitas adopted on November 9, 1994
and th r e rZo recordation thereof by its duly authorized officer.
V171
Glenn Pruim Date
Director of Public Works
City of Encinitas
EXHIBIT"A"
LEGAL DESCRIPTION
OF PROPERTY
LOTS 1 AND 2 IN BLOCK 38 OF CARDIFF A, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA,ACCORDING TO MAP THEREOF NO 1334 RECORDED MAY 12, 1911 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY
C.
' Ls 5211
7
OF CAS-�F
EXHIBIT"B"
LEGAL DESCRIPTION
STREET DEDICATION
AN EASEMENT FOR PUBLIC ROADWAY PURPOSES OVER, UNDER ALONG AND ACROSS THAT PORTION OF
LOT 1 IN BLOCK 38 OF CARDIFF A, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO 1334 RECORDED MAY 12, 1911 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS
THE NORTHWESTERLY 5.00 FEET OF SAID LOT 1
TOGETHER WITH THAT PORTION OF SAID LOT 1 LYING NORTHERLY OF THE ARC OF A 20 00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY, WHICH CURVE IS TANGENT NORTHWESTERLY TO THE
SOUTHEASTERLY LINE OF SAID 5.00 FEET AND TANGENT NORTHEASTERLY TO THE NORTHEASTERLY LINE
OF SAID LOT 1
CONTAINING 586 SQ. FT MORE OR LESS.
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' Ls 5211
��OF CPL�F�
Monk
ADDREM SHEET 1 OF 1
2006 9 2M C MPIDGE AVEME EXHIBIT"C'
APM STREET DEDICATION D L c D SU9�
260-384-42
LEGAL DESCRIPTION LS 5211 N
PARCELS 1 AND 2 BLOCK 38, CARDIFF 'A , IN T1 E
CITY OF ENCINITA.% COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP a
TFEREOF ND 1334, FILED IN TFE OFFICE OF OF CA�Z
M COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 1a 1911.
I
TOTAL LOT AREA:
X001 SF GROSS
DEDICATION
586 SF CAMBRIXE AVE
TOTAL NET LOT AREA
4,415 SF NET — — — —
S30 39 45'E 50.00'
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�'5'
Q
INDICATES :x
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STREET DEDICATION AREA Z 1 S� LOT 1 1 LOT 2 I$ SOT 3
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N30 39 W-W 50.00'
\ ALLEY
SCALE 1 "=30 '
PASCO LARET SUITER
& ASSOCIATES
CIVIL ENGINEERING+LAND PLANNING+LAND SURVEYING
535 North Highway 101, Ste A. Solana Beach,CA 92075
ph 858.259.8212 1 fz 858.259.4812 1 plaaengineering.com
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
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate venfies only the Identity of the Individual
who signed the document to which this Certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of S�A-vN D e CSC) SS
On v9' 1-7 - -2015 before me, AT)(Aa 1 KylC n , Notary Public, )
DATE
personally appeared vii who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is/,re subscribed to t �vithin instrument
and acknow ed to me that he/61e/they executed the
same In her/t eir authorized capacity(ies), and that
by his/ e0t eir signature(s) on the instrument the )
person s), or the entity upon behalf of which the )
person(s) acted, executed the instrument.
ANGELA A. SIMON
C0MM'#2009314
N NOTARY PUBLIC-CALIFOR0 N I certify under PENALTY OF PERJURY under the
COUNTY laws of the State of California that the foregoing
MY COYaI.ExP MAR.2,2017 g g
paragraph is true and correct.
WITNESS my hand and official seal.
ct,
PLACE NOTARN SEAL IN ABOVE SPACE 5 NOTARY'S SIGNATURE
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
❑
PARTNERS) TITLE(S)
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ GUARDIAN/CONSERVATOR
❑ SUBSCRIBING WITNESS DATE OF DOCUMENT
❑ OTHER.
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT
NAME OFPERSON(S)ORENTITY(IES) THUMB )
o )
SIGNER L )
a )
F
APA01 2015 NOTARI BONDS,SUPPLIES AND FORMS ATHTTP:i'WWW\ALLEN-SIERRA.COM c 2005-2015 VALLEY-SIERRA INSURANCE
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 truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On February 17, 2015 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.2067518
WITNESS my hand and official seal u NOTARY PUBLIC CALIFORNIA
( SAN DIEGO COUNTY
£5 Commission Expires May 9.2018
Signature,,,V h (Seal)