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2015-82554 A DOC# 2015-0082554 1111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) Feb 24, 2015 03 48 PM Ernest J OFFICIAL Dronenbu gDSr, City of Encinitas ) SAN DIEGO COUNTY RECORDER FEES $2.00 PCOR. N/A When Recorded Mail to: City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY �7 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY 3\� Assessor's Parcel No: 258-273-32� Case #: 14-188 CDP DOCUMENTARY TRANSO TAX$-- -.___��_ Building Permit#: 14-2181 CHRISTOPHER VINCI AND SARAH ROSE VINCI, HUSBAND AND WIFE AS JOINT TENANTS, 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. G RA 2 //Y CH OP R VINCI, Owner Date SARAH ROSE VINCI, Owner 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 City ncil of the City of Encinitas adopted on November 9, 1994 and th a co en to recordation thereof by its duly authorized officer. Z/- 2- 3/S 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 truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On February 23, 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 0 WITNESS my hand and official seal ] NOTARY PUBLIC-CALIFORNIA 9; SAN DIEGO COUNTY Commission Expires May 8,2018 Signatur �> (Seal) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THE NORTH HALF OF LOT 13, BLOCK "J", AVOCADO ACRES NO. 5, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2130, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 19, 1928. APN: 258-273-32 EXHIBIT `W °'16" LEGAL DESCRIPTION THE EASTERLY 8 FEET OF THE NORTH HALF OF LOT 13, BLOCK "J", AVOCADO ACRES NO. 5, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2130, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 19, 1928. J ,� © LANG '�""t� LES Fy�ta SEAN NGLERT, L.S. 7959 DATE 'Q COASTAL LAND SOLUTIONS, INC. m car g 7959 9 QWF CALF SHEET 1 OF 1 EX-IIBIT 'o C, G O[MO L7V!u 12 E - E 0 _ 0 20 2 N89 °56' 18"E 145.91 ' w / O Ln m a0 L /d(004 9 3 8 0 � DC 0 Z Ili lOo ll NJL�J / Z O / V I N89 °56 ' 23"E 145.92 ' p I MUM tl lJ ll/2 'L@ Il 0 I I INDICATES PROPOSED 8' ® R-O-W DEDICATION AREA = 508 SQUARE FEET i SCALE: 1 " =40 ' LAND LES COASTAL LAND SOLUTIONS,INC. n L \ 577 SECOND STF EET /L�(��� N L.S. 7959 ~ ENCINITAS, CA 92024 PH (760) 230-6025 SEAN r. ENGLERT DATE FAX (760) 230-6026 L.S. 7959 ��OF CALF CLS#1253ENG 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. i ALL-PURPOSE 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 c SS County of On before me, (4-YI S) Orl �1 , Notary Public, DATE personally appeared Ckr I a ?pVyef— 4 S �o-h Qv'�-,c \f)y\C-i ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re subscribed to the w n instrument ) and acknowlerge4ulle that he/she theyiexecuted the same in his/h 4thorized capacity(ies), and that by his/he their s gnature(s) on the instrument the person(s), o e entity upon behalf of which the person(s) acted, executed the instrument ANGELA A. SI 0 I certify under PENALTY OF PERJURY under the N NOTA"Pi��ORNIA N laws of the State of California that the foregoing SAN DIEGO COMM My Corr.EXP MAR.2,2017 paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARN SEAL IN ABOVE SPACE 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 ❑ PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR t ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER. OTHER ti SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT L`a OF E L SIGNER F APA(112015 NOTARI BONDS,SUPPLIES AND FORMS ATHTTP:, ALLF�-SIERRA.COM c 2 005-2015VALLEI-SIERRA INSURANCE