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2015-191302 DOC# 2015-0191302 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) Apr 21, 2015 04 16 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, City of Encinitas ) SAN DIEGO COUNTY RECORDER Gy ) FEES $2.00 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 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY � t Assessor's Parcel No: 258-280-04' Case #: 14-050 CDP Permit#: 12091-G SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, 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): Rick Schmitt for Date San Dieguito Union High School District 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 Council of the City of Encinitas adopted on November 9, 1994 and the grantee onsents to recordation thereof by its duly authorized officer. M. AA 44/2 o / l S (or Glenn Pruim j M M S i H M A H 1=rZ Date Director of Public Works City of Encinitas Legal Description of Property APN #258-280-04 The Southeast Quarter of the Southeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government survey thereof J-17100-C EXHIBIT T" Parcel "A" The westerly 3.00 feet of the easterly 28.00 feet of the Southeast Quarter of the Southeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of California, according to Official Plat thereof. EXCEPTING THEREFROM that portion of Santa Fe Road lying southerly of the northerly line of Deed recorded October 16, 1967 as file No. 159930. ALSO EXCEPTING THEREFROM that portion of Melba Road lying northerly of the southerly line of Deed Recorded June 3, 1948 as Instrument No. 55266, in Book 2826, Page 313. TOGETHER WITH that portion lying westerly of the westerly line of the easterly 28.00 feet of said Southeast Quarter of the Southeast Quarter of Section 15 and northerly of the northerly line of Santa Fe Road per said Deed Recorded October 16, 1967 as Instrument No. 159930 and southeasterly of a 20.00 foot radius curve concave northwesterly that is tangent to both the said northerly line of Deed Recorded October 16, 1967 as Instrument No. 159930 and the westerly line of the easterly 28.00 feet of said Southeast Quarter of the Southeast Quarter of Section 15. TOGETHER WITH that portion lying westerly of the westerly line of the easterly 28.00 feet of said Southeast Quarter of the Southeast Quarter of Section 15 and southerly of the southerly line of Melba Road per said Deed Recorded June 3, 1948 as Instrument No. 55266, in Book 2826, Page 313 and northeasterly of a 20.00 foot radius curve concave southwesterly that is tangent to both the southerly line of said Deed Recorded June 3, 1948 as Instrument No. 55266, in Book 2826, Page 313 and the westerly line of the easterly 28.00 feet of said Southeast Quarter of the Southeast Quarter of Section 15. Containing 3,738 square feet, more or less. Sip LAND S MC r � No.6187 LP Patrick McMichael, L.S. 6187 Date j 9�OF F��`�\P PAM.MR:sr:L:Files\17100\C\Text\Legals\R0W Easement CA U Page 1 of 1 LEGEND EXHIBIT 'C' SHEET 1 OF 1 ® PARCEL 'A"RIGHT-OF-WAY MELBA ROAD EASEMENT, 3738f SO. FT. 8 OEASEMENT FOR PUBLIC HWY T0:THE COUNTY OF SAN DIEGO REC.:OCT.2,1928 0 DOC.BK 1527,PG 421,O.R. I i OEASEMENT FOR PUBLIC HWY 3 TO:THE COUNTY OF SAN DIEGO r REC.:JUN.3,1946 10' - INST.NO.:55266,IN BK 2826.PG 313,O.R. � 9 EASEMENT FOR PUBLIC STREET 12 T0:THE COUNTY OF SAN DIEGO REC.:SEP.1,1954 INST.NO.:116859 IN BK 5350,PG 120,O.R. n 16' 10 CENTERLINE ELECTRIC POLE EASEMENT ln] 17 i — TO:SDG&E REC.:JAN 2,1959 3 — INST.NO.:3061 IN BK 7432,PG 356,O.R. 7"f 2 - " .t- 11 EASEMENT 0� PUBLIC SAN D/EGO REST nc � � 2 5 ' F — REC.:OCT.16,1967 SEC v e INST.NO.:159930,O.R. y v a z 9 — EASEMENT FOR PUBLIC UTILITIES �C�N7 UV 12 T0:SDG&E REC.:MAY 14,1970 Q _ INST.NO.83804,O.R. PARCEL 'A" 17 EASEMENT FOR PUBLIC SIDEWALK — TO.CITY OF ENCINITAS 10 O REC.:JUN.5,2007 I m INST.NO.:2007-0380514,O.R. NON-PLOTTABLE EASEMENTS moo, ELECTRIC FACILITIES EASEMENT TO:SDG&E C\' REC.:JUN.5,2007 INST.NO.:2007-0387357,O.R. Ln ELECTRIC FACILITIES EASEMENT 6 9 TO:SDG&E o REC.:JUN.5,2007 INST.NO.:2004-0884738,O.R. SANTA FE ROAD o SE COR SEC 15 _l\ C `AND Sli 5 E 5620 FRIARS ROAD J. 17100-C '� s SAN DIEGO, CA 92110 I --� a N0.L 6187 619-291-0707 ° ENGINEERING COMPANY (FAX)619-291-4165 COMPANY —N- (FAX) Y NOT TO JI' tiQ SCALE 9�F OF CA1.1���� OPATRICK A. McMICHAEL, LS 6187 DATE nm 1' J, BonitaDr Survey 17100Cmd_ROW_ease_Por-Boni taDr clgn Users mramirez Documents _JJNP_piots SD Cor Pstds 2005.dscript 24-DEC 2014 09:44 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Y1f-•C`.c'G`,('C`.CKSK'.[�C.',K`.c:G6�'- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _..c:C'.�C,c-'!C`��'.�'C,(^!`.K'.C-C`.(�C'.C-•C`,�C'.K`.t=t`.�C' .— — — _ _ _ 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 On P1, f,l -% IC l 5 before me, C'. M 2 u e u Date Here Insert Name and Title of t e Officer personally appeared kc�— 5 cv�-O-,�4 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personXwhose name�syis/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/heW4heir authorized capacity(iee), and that by his4he4tHeir signature_*on the instrument the person*, or the entity upon behalf of which the persopJsyacted, 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. laLUCIENNE C.MCCAULEY Commiaaion N 2101902 , NOWy Public•CWornia Signature San 016o eviot r Signature of Notary Public My Comm EWn Mr 25.2019 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document- Document Date Number of Pages Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name. ❑ Corporate Officer — Title(s)- ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other- ❑ Other- Signer Is Representing Signer Is Representing ©2014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 'ALIL-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 County of SS. ) ) On LA — 2Q —20 1 L: , before me, 2 0, DATE ,Notary Public, personally appeared /V\GS 1 Cl / \&- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(, 2gaed re subscribed tt the within instrument and ackn to me that e she/they executed the sam is er/their authorized capacity(ies), and that by is her/their 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 N NOTARY u�C"OR u N I certify under PENALTY OF PERJURY under the SAIOe COUrTr Mr Corr.ExP Mo.2.2017 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. h PLACE NOTARY SEAL IN ABOVE SPACE OTARY'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 F] SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER. , OTHER ) RIGHT SIGNER(PRINCIPAL)IS REPRESENTING: THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF E SIGNER o F APA 01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://W WW VALLEY-SIERRA.COM ©2005-2015 VALLEY-SIERRA INSURANCE