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2016-4129 DOC# 2016-0004129 11111111111 IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 10 Recording Requested By: ) Jan 05, 2016 03:47 PM OFFICIAL RECORDS r(� CI of Encinitas Ernest J.COUNTY E O City ) SAN DIEGO COUNTY RECORDER \ ) FEES: $0.00 When Recorded Mail to: PcoR. NrA ) PAGES: 10 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 A.P.N.. 260-074-02 Grading Plan: 12620-G Case No: 14-240 CDP Bruce N. Hall, a married man as his sole and separate property, 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): ZZ_ Bruce N. Hall, Owner Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. California All-Purpose Acknowledgment A notary public or other officer completing this State of Califor* � certificate verifies only the identity of the individual who signed the document,to which this Cou my of S.S. certificate is attached,and not the truthfulness, 0 accuracy,or validity of that document. -ef!_ On before me, personally appeared tj C le who proved to me on the basis of satisfactory evidence to be the person(s _whose name(4 is/are-subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/h@Mh ir authorized capacity(i&4, and that by his/har4hair signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s4-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. RICHARD A. ROGERS �W WVi y hand and IWNOTARY PUBLIC_Q=1ORNIA official CWM=W No SAN DIEGO COUNTY COMM&W E)Vm JAN 3,2018 of N0177<, OPTIONAL INFORMATION Aittiough i"e 10[ormati, r' rills s��O"Iorlis noo !ouairefn!L)y lavv i� we-vrn� reirxval widro;.Iila,�hweol D­ 0 Description of Attached Document The preceding Certificate of Acknowledgment is attached to a -Method of Signer Identification document titled/for the purpose of J_E_09 56—Af e_AJ 7' Proved to me on the basis of satisfactory evidence: ❑form(s)of identification []credible witness(es) )6z containing I pages, and dated L.'?T- Notarial event is detailed in notary journal on: #_ The signer(s)capacity or authority is/are as: Page# Entry ❑ Individual(s) Notary contact: ❑ Attorney-in-fact ❑ Corporate Officer(s) Other ❑ Additional Signer ❑ Signer(s)Thumbprints(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: representing: OD 2009-2012 Notary Learning Center-All R!ghts Reserved 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 C..GVncil of the City of Encinitas adopted on November 9, 1994 and the a co en to recordation thereof by its duly authorized officer. /z/13/Z/� 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 !a 3 l '2 01 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 CMWAI on No.2067518 WITNESS my hand and official seal. NOTARY PUBLIC•CALIFORNIA SAN DIEGO COUNTY 2 Com =ion Expru MW 6,2M Signature (Seal) EXHIBIT 'A' LEGAL DESCRIPTION FOR APN 260-074-02 REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 4 OF RIDGEWAY HEIGHTS, ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 3, 1929. EXCEPTING THEREFROM THE NORTHWESTERLY 90 FEET OF LOT 4 OF RIDGEWAY HEIGHTS, THE SAID NORTHWESTERLY 90 FEET BEING A LINE DRAWN PARALLEL WITH AND DISTANT 90 FEET SOUTHEASTERLY MEASRUED AT RIGHT ANGLES FROM THE NORTHWESTERLY LINE OF SAID LOT 4. Page 1 of 1 ERSIBIT `B' .LEGAL L1ESC,RIPTION FOR 2' PUBLIC RIGKT-OF-WAY THE WESTERLY 2.00 FEET OF LOT 4 OF RIDGEWAY HEIGHTS ACCORDING TO MAP THEREOF NO. 2163, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4, BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF RUBENSTEIN AVENUE AS DEDICATED PER MAP 2163; THENCE ALONG THE NORTHERLY BOUNDARY OF LOT 4 THEREOF 1. NORTH 78 034'07" EAST 2.00 FEET ;THENCE LEAVING SAID BOUNDARY 2. SOUTH 11 017'50" EAST 109.72 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE ALOND SAID BOUNDARY 3. SOUTH 78 037'59" WEST 2.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID RUBENSTEIN AVENUE; THENC ALONG SAID RIGHT-OF-WAY 4. NORTH 11 017'50" WEST 109.72 FEET TO THE POINT OF BEGINNNING SAID PARCEL CONTAINS 219 SQUARE FEET, MORE OR LESS. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR ACT. /Al �- 17-13,1'2 15 RUDY P. PACHECO P.L.S. 5717 DATE '� p• Pq 9G w goy yF� �C No.1S5717 9rF OF CIA Page 1 of 1 -� PROP£RrY UNE EXHIBIT 'C BASIS OF BEARINGS: 2 PUMX RIGHT—AF—WAY W 8ASS 6F WAffla 15 nE EASTERI!Y AREA 219 W(a005 AC) RIQYr--aF WAY cr RUS&SnN Ar W LE N 216.3] ny7'S0' 089W'12'W) - RECORD DATA POP MAP 2163 PARCEL A PD?MAP NO [N89V6'12'W, = RECORD DATA PD? ROS 21403 P.M. 18530 82 N 784'Q ' E3,55.92'), N 78-42'100* E 354:15 �[N 78.3759 a Nq O C1 2 s 1 7rnp O O WE VE; LOT 4 o RIDGEWA Y HEIGHTS ti rn MAP NO. 2163 w 25, 25' , � z O V �D O � N WE LAND S� � P . p,1� P 352.11' Ln Exp. 09/30/170 * N X78•¢'0',E 353 Q7'� y� E No.Ls 5717 �� t[N 7840 LOT 5 F F 4 RIDGEWA Y HEIGHTS OF CALF MAP NO. 2163 va RAT WAS P1RIEPARID BY I& OR UV&MY DA ECIKW Y 28441 Rancho California Rd,Suite 100 Temecula,CA 92390 RLDY P. PAQW0 AS 5717 DA 7E Fax:((951) 587-2626 CITY OF ENCINFAS DA 7E• • Qs—tQ—tS 7 PIJBUC FAQW—OF—WAY �4uDADE ENG'G. SC'E' Ia = 20' PORTION OF LOT 4 A.P.N. 260-07402 RIDGEWAY HEIGHTS MAP N0. 2163 WET t OF 1 13-168-R-0-W.dwg 11-24-15 RUBENSTEN TRAV CALCS Page 1 PROJECT: RUBENSTEN AVE Figure Name: ROW DEDICATION Course: N 78-34-07 E Distance: 2.00 Course: s 11-17-50 E Distance: 109.72 Course: s 78-37-59 w Distance: 2.00 Course: N I1-17-50 w Distance: 109.72 Perimeter: 223.44 Area: 219.44 0.01 acres . Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.002 Course: 5 11-23-57 E Precision 1: 99327.18 � 10 LAND 0, PAC No.LS 917 �7 9�F OF CA``�p o��2,plS Page 1 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.