2015-464132 DOC# 2015-0464132
111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Recording Requested By: ) Sep 01, 2015 04 16 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES $0 00
.
When Recorded Mail to: ) PCOR N/A PAGES 9
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
Assessor's Parcel No: 254-180-80V/ Permit#: 12373-G
G Case #: 14-151 DR/CDP
Cr r 1a: EI`TARY TRANSFER TAX S _
DENNIS P LEDUC AND COURTNEY L. LEDUC 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.
GRANTOR(S):
Dennis a uc, Owner Date
ourtney L. Le uc 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 Cit ouncil of the City of Encinitas adopted on November 9, 1994
and th gran a co se is to recordation thereof by its duly authorized officer.
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 � )20`�/n '" 20/3'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
a Commission No.2067516 n In
ARY PUBLIC WITNESS my hand and official seal " NOT SAN DIEGO COU TYNE
Commission Expires May 9,2018
Signature ��Gt �(JI'7'��(l (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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 before me, �/_
Date Here Insert Name and Title of the Officer
personally appeared
�— N me(s) of Signer(s)
Zo Lt ,
who proved to me on the basis of satisfactory evidence to be the perso whose nam� I a
subscribed to the within instrument and acknowledged to me that /side executed the same n
his/her It authorized capacity; and that��yy h�/tier/V- 'r signature s on the Instrument the persor s�
or the entity upon behalf of which a person(s)pcted, executed the ins rument. v
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
CODY ALLAN UUY WITNESS my hand and official seal.
COMM #2057416
LO otary Public California
SAN DIEGO Signature
App.Expires Feb.1o,2018 ignature of Notary Pu c
vm
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:
02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 1 OF PARCEL MAP NO. 10207, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 10, 1980 AS FILE NO 80-214145 OF OFFICIAL RECORDS
EXHIBIT `B'
LEGAL DESCRIPTION
EASEMENT DEDICATION - PUBLIC STREET RIGHT OF WAY
A PORTION OF PARCEL 1 OF PARCEL MAP NO 10207, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON
JULY 10, 1980 AS FILE NO 80-217145,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEASTERLY MOST CORNER OF SAID PARCEL 1,ALSO BEING THE SOUTHEAST
CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 13
SOUTH AND RANGE 4 WEST,THENCE ALONG SOUTHERLY PROPERTLY LINE OF SAID PARCEL 1
I NORTH 89 052'00"WEST 241.59 FEET, TO THE TRUE POINT OF BEGINNING, THENCE ALONG THE
EASTERLY BOUNDS OF THE 50 FEET WIDE SAXONY ROAD
RIGHT OF WAY PER ROAD SURVEY 1317
2 NORTH 09 018'00"WEST 111.50 FEET THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE
ALONG THE NORTHERLY PROPERTLY LINE OF SAID PARCEL 1
3 SOUTH 89 052'00"EAST 5 07 FEET, THENCE DEPARTING THE NORTHERLY PROPERTLY LINE OF
SAID PARCEL 1 ALONG A LINE OFFSET 30 FEET AND
PARALLEL WITH THE CENTERLINE OF SAXONY ROAD PER
ROAD SURVEY 1317
4 SOUTH 09 018'00"EAST 111.50 FEET TO THE SOUTHERLY PROPERTY LINE OF SAID PARCEL,
THENCE
5 NORTH 89 052'00"WEST 5 07 FEET, TO THE TRUE POINT OF BEGINNING
TOTAL RIGHT OF WAY DEDICATION AREA. 557.50 SF=0 013 ACRE.
C� a M S.1 L
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LEGEND EXHIBIT 'C' SITE ADDRESS
EX. RIGHT OF WA Y 1265 SAXONY ROAD
PROP. RIGHT OF WAY - - - - ENCINITAS, CA 92024
STREET CENTER LINE - LEGAL DESCRIPTION
BOUNDARY LINE —--— PARCEL 1 OF PARCEL MAP 10207
SUBDIVISION BOUNDARY
ANNOTATION PER PM10207 ( J
ANNOTATION PER RS 1317 (( JJ
PROPOSED RIGHT OF WAY 32 40'E 241.99 J
EASEMENT (AREA=557 50 SF) 96.0)) (2147)
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SANDIEGO CA 92123
PH.(858)634-8620 FAY:(858)634-86_'7
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