Loading...
2015-464155 DOC# 2015-0464155 II 1 111111 III I III II III I IIII I II II I I I II III Sep 01, 2015 04 33 PM Recording Requested By: ) OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER City of Encinitas FEES $000 PCOR. N/A PAGES 13 When Recorded Mail to: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY CT.N 1r' PUBLIC EASEMENT FOR PRIVATE STREET Assessor's Parcel No: 262-080-35 Case# 05-167 TPM DtfC OMAWTNANSFER TAX$ -- DEVELOPMENT SOLUTION ENCLAVE LL(;. A DELAWARE Limited Liability Company, 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 and convey for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Easement for Private Street, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-53 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) r dd Gilats for Date Development Solution Enclave, LLC. Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me July 15, 2015 by Judd Gilats as Vice President of Development Solutions Enclave, LLC. Notary Public d ''oq BONNIE LYNN WOLD Notary Public I State of Minnesota Printed Name 000 l{, L h n �) b. M J Commission Expires �,.� anuary 31, 2020 My Commission Expires: 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 cil of the City of Encinitas adopted on November 9, 1994 and the a co ent to recordation thereof by its duly authorized officer /4 V-/' 3/ 2o%3' Glenn Pruim Date Director of Engineering Services 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 u64 3 d-6 15 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 v NOTARY PUBLIC CALIFORNIA l WITNESS my hand and official seal SAN DIEGO COUNTY Commission Expires May 9,2018 Signature <Sd7 AjMI i f"IA.) (Seal) EXHIBIT"A" LEGAL DESCRIPTION OF REAL PROPERTY BEING PARCEL 4 OF PARCEL MAP NO 20853, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 7, 2011 AS FILE NO 2011-0013857 OF OFFICIAL RECORDS =�,C ~�'�`� 'fit✓ ! C> P 3I . LS 7619 Xp 2 j31%16 *? n ALAV REAM, PLS 7619 DATE MY LICENSE EXPIRES 12/31/16 EXHIBIT"B" LEGAL DESCRIPTION OF EASEMENT BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO 20853, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 7, 2011 AS FILE NO 2011-0013857 OF OFFICIAL RECORDS, MORE PARTICULARY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 4,THENCE NORTHERLY ALONG THE WESTERLY PARCEL LINE OF SAID PARCEL 4, NORTH 00°52'44" EAST A DISTANCE OF 59 46 FEET TO A POINT ON THE SOUTHERLY LINE OF THE BOUNDARY OF LAND DESCRIBED IN DEED TO DEVELOPMENT SOLUTIONS ENCLAVE, LLC RECORDED FEBRUARY 11, 2015 AS DOCUMENT NO 2015-0061038, O R., THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF SAID DEVELOPMENT SOLUTIONS ENCLAVE, LLC LAND, SOUTH 88°58'56" EAST A DISTANCE OF 32 01 FEET, THENCE SOUTHERLY ALONG A LINE THAT IS PARALLEL WITH AND 32.01 FEET EASTERLY OF SAID WEST LINE OF PARCEL 4, SOUTH 00°52'44"WEST A DISTANCE OF 59 46 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4, THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF PARCEL 4, NORTH 88°58'56"WEST A DISTANCE OF 32 01 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 1,903 SQUARE FEET OR 0 04 ACRES MORE OR LESS U� J. * I No. LS 7E19 F XE3. �2t J, ALAN J REAM, PLS 7619 DATE MY LICENSE EXPIRES 12/31/16 SHEET 1 OF 2 EXHIBIT "C" SANTA FE DRIVE CITY OF ENaNITAS 5 SITE Q Z W rOp L' Q MO p W U� Z © TENNIS 0° a COUNTY OF CLUB DR. J SAN DIEGO W VICINITY MAP NOT TO SCALE LEGEND: INDICATES DEVELOPMENT SOLUTIONS ENCLAVE, LLC PUBLIC EASEMENT FOR PRIVATE STREET ............. P.aa INDICATES POINT OF BEGINNING BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS CCS 83, ZONE 6, GRID BEARING BETWEEN STATION "134WCCS1" AND STATION "CADT 11-DC" PER THE CITY OF ENCINITAS SURVEY CONTROL MONUMENTS PER RECORD OF SURVEY 18416, I.E. NORTH 2108'03" WEST. NOTE- THE BEARINGS AND DISTANCES SHOWN HEREON ARE FOR INFORMA 77ONAL PURPOSES ONLY, AND ARE NOT INTENDED TO CONTROL PROPERTY BOUNDARIES. SEE EXHIBIT "A" LEGAL DESCRIPTION FOR CONTROLLING CALLS AND INTENT. A❑ EXIS77NG EASEMENT FOR PUBLIC U77LI77ES & INCIDENTAL PURPOSES RECORDED FEBRUARY 17, 1981 AS FILE NO. 81-047701, O.R. © EXIS77NG EASEMENT FOR ROAD AND UTILITY & INCIDENTAL PURPOSES �� \-AND S� RECORDED JUNE 11, 1973 AS FILE NO. 73-157533, O.R. �� J. R q�LF,o No. LS 7619 ,^ * Exp. 12/31/16 ad FJI�IEQI19 •EIIMOIIIQI� •�.Qld SII11E — —!'� S� ��Q 2442 Second Avenue ALA J. REAM 9TF OF CAL�FO� San Diego, CA 92101 (619)232-9200 (619)232-9210 Fax L.S. N0. 7619 Consultants, Inc. REGISTRATION EXPIRES: 12-31-16 APN DEVELOPMENT SOLUTIONS ENCLAVE, LLC Drawn By. AJR : 262-080-35 PUBLIC EASEMENT FOR PR/VA TE STREET Date: 0710912015 POR77ON PARCEL 4, P.M. NO. 20853 SHEET 2 OF 2 EXHIBIT "C" 0 APN.• 262-080-33 PARCEL 2 z o z APN.• 262-080-03 APN.• 262-080-34 PARCEL 3 POR. OF SE 114 8 D OF NE 1/4 o L2 APN.• 262-080-35 W'L Y 921.08' J ': A J PARCEL 4 APN: 262-080-23 ROS L4 SECTION 23 Q C rr D r W ZQ APN.• 262-080-07 mV APN: 262-080-21 T. 13 S., R. 4 W., S.B.M. LINE BEARING DISTANCE L1 N00'52'44"E 59.46' L2 N88'58'56"W 32.01' L3 N00'52'44"E 59.46' L4 N88'58'56"W 32.01' ad B*04 •EmiamaiW 'lad 91v* 2442 Second Avenue l00 0 0 00 Son Diego, CA 92101 (619)232-9200 (619)232-9210 Fox 1 inch = 100 ft Consultor Inc. DEVELOPMENT SOLUTIONS ENCLAVE, LLC Dawn By. AJR APN.• Date. 0710912015 262-080-35 PUBLIC EASEMENT FOR PR/VA TE STREET P01R710N PARCEL 4, P.M. NO. 20853 EXHIBIT "D" Terms and Conditions for Grant of Public Easement for Private Street The grant of public easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions The public easement for private street shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for use as a public easement over a private street, which purposes shall include the erection of public signage; and also the installation, construction, maintenance, repair, replacement, reconstruction and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable television, public sewer, public water, public storm drain, fire hydrants, 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 of ingress and egress for the construction, maintenance, or alteration of any public utility equipment or facility situated in or on said easement; and also the perpetual right of ingress and egress of emergency access vehicles for emergency purposes, and also the perpetual right 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; and also 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 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 by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described on the document granting the easement. 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 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. This easement may be terminated 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 public easement for private street. R Grantor agrees that Grantor's duties and obligations under this easement 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 easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, 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 easement the right to enforce this easement against the Grantor