2015-525995 ` DOC# 2015-0525995
0 4 1 111111 IIIII IIIII IIIII IIII111111IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Oct 06, 2015 04 12 PM
Recording Requested By: ) OFFICIAL RECORDS
Ernest J Dronenburg, Jr,
SAN DIEGO COUNTY RECORDER
City of Encinitas ) FEES $39 00
PCOR. NIA
PAGES 9
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
L!� Assessor's Parcel No: 258-232-21 Permit#: 12308-G
Case #: 14-246 CDP
ROBERT YEDID AND ELYSE FLEISCHER-YEDID 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
GRANT (S): �J I -J'_/ I 1�:
OBERT DID, O ner Date
/;f-e,4,e <?/( z lS
t[YSt FLEISCHER-YEDID, er Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
STATE OF NEW YORK )
ss.:
COUNTY OF °t 14- )
On the t 1111y of Q►��e�, in the year 2015, before me, the undersigned,
a Notary Public in and for said tate, personally appeared ROBERT YEDID, personally
known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the
instrument.
FRANCISCO J PATINO Signature d office of individua
Notary Public-State of New York takin ac owled ment
NO OIPA6300802 g g
Qualified in Queens County
My Commission Expires Apr 7,2018
STATE OF NEW YORK )
I, ) ss.:
COUNTY OF ,J w(�` )
Ilk
On the j day of 5Q , in the year 2015, before me, the undersigned,
a Notary Public in and for said tate, personally appeared ELYSE FLEISCHER-YEDID,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her capacity, and that by her signature on the instrument,
the individual, or the person upon behalf of which the individual acted, executed the
instrument.
FRANCISCO J PATINO
Notary Public -State of New York Signature nd office of indi idual
NO 01 PA6300802 taking ac owledgment
Qualified in Queens County
-Commission Expires Apr 7,2018
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 th ra a co s to recordation thereof by its duly authorized officer.
AcT• 6 , 2. oi3
Glenn Pruim Date
Director of Public Works
City of Encinitas
CALIFORNIA 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 }
COUNTY OF San Diego }
On J1 20 before me, Samantha Morrow Notary Public,
( ate) (here 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.
WITNESS my hand and official seal. SAMANTHA MORROW
Commission No 2087518 n
NOTARY PUBLIC CALIFORNIA
SAN DIEGO COUNTY 2
Commission Expires May 9,2018
"�/ Seal
Signature:S v✓?G /1' I!/1 ( >
OPTIONAL
Description of Attached Document
Title or Type of Document: Number of Pages:
Document Date- Other-
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
ALL THAT PORTION OF LOT I IN BLOCK H OF ENCINITAS HIGHLANDS,
ACCORDING TO MAP THEREOF NO. 2141, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA,
DECEMBER 4, 1928.
EXCEPTING THEREFROM THE NORTH 58 FEET THEREOF, SAID 58 FEET
BEING MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID LOT#1
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EXHIBIT "B"
PUBLIC RIGHT OF WAY EASEMENT LEGAL DESCRIPTION
A PUBLIC ROW OF WAY EASEMENT OVER A PORTION OF THE REAL
PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, CITY OF ENCINITAS,
STATE OF CALIFORNIA MORE SPECIFICALLY DESCRIBED IN DOCUMENT
NO. 2007-0018851, RECORDED JANUARY 10, 2007, IN THE COUNTY OF SAN
DIEGO RECORDER'S OFFICE, SAN DIEGO COUNTY, STATE OF CALIFORNIA,
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 DESCRIBED IN
DOCUMENT RECORDED JANUARY 10, 2007, AS DOCUMENT NO. 2007-0018851
OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE EASTERN
BOUNDARY OF SAID LOT 1, SOUTH 0°03'25" EAST A DISTANCE OF 94.03 FEET
TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A TANGENT
25.00 FOOT RADIUS CURVE, A RADIAL BEARING FROM SAID POINT BEARS
SOUTH 89°56'35" WEST; THENCE SOUTHERLY AND WESTERLY ALONG SAID
25.00 FOOT CONCAVE NORTHWESTERLY CURVE, THROUGH A CENTRAL
ANGLE OF 88°03'47" A DISTANCE OF 38.42 FEET TO ITS INTERSECTION WITH
THE SOUTHERLY LINE OF SAID LOT 1, A RADIAL BEARING OF NORTH
1°59'38" WEST THROUGH SAID POINT; THENCE EASTERLY ALONG THE
SOUTHERN BOUNDARY OF SAID LOT, SAID LINE BEING A 1220.47 FOOT
CONCAVE SOUTHERLY CURVE, THROUGH A CENTRAL ANGLE OF 1° 08'04"
A DISTANCE OF 24.16 FEET TO ITS INTERSECTION WITH THE EASTERLY
BOUNDARY OF SAID LOT; THENCE NORTHERLY ALONG THE EASTERN
BOUNDARY,NORTH 0-03' 25" WEST, 24.41 FEET TO THE TRUE POINT OF
BEGINNING.
ALSO SHOWN ON EXHIBIT"B", ATTACHED HERETO AND MADE A PART OF,
IS A GRAPHIC DEPICTION OF SAID PUBLIC RIGHT OF WAY EASEMENT.
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ROBERT O. SUKUP RCE 28302 cs m
No.0028302
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EXHIBIT " C "
PLAT OF EASEMENT FOR
PUBLIC RIGHT OF WAY
F
Q��G
20' 20'
G� '—NORTH LINE OF LOT 1, BLOCK "H"
OF ENCINITAS HIGHLANDS, PER MAP
o so so
N02141, RECORDED 12/4/1928 Q
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0
Feet 00
SCALE 1" = 30'
N89'55'06"E 145 02'
S
PORTION OF LOT 1 �9S6 ox,
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o APN 258-232-21 24.41 - ?4¢F�i %,� `r°,� ° W
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L=38 42, C Ln <
L=24 16 �� cv Q
R=1220 47 R=25 00
Mo 8'03'47"
0=01'08 04" A=8 o
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R=1220.47 6=4'39'28"
� L=99 22, �
L=123 38, R=1220.47 6=5'47'32" _ EASEMENT TO THE
—_—=
NB 20'54" CITY OF ENCINITAS
2210' - FOR PUBLIC RIGHT
20' - -- -_ ROAD OF WAY
- ELB A
20' -- -R/W — -- - - --
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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