2016-127642 DOC# 2016-0127642
III II IIIII IIIII III I IIII 111111 IIIII IIIII I III IIIII IIIII I III IIIII
Mar 22, 2016 04:02 PM
Recording Requested By: ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
� City of Encinitas ) FEES: $0.00
PAGES: 12
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
Assessor's Parcel No: 260-072-02V/ Building Permit: 15-1948 & 15-1949
STEVE B CHALK AND VALERIE B. VALDEZ, HUSBAND AND WIFE AS COMMUNITY
PROPERTY WITH RIGHT OF SURVIVORSHIP, 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'WATTACHED 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 O S):
ST VE CALK, Owner Date
VALERIE ET. VALDEZ&ner 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 ity C it of the City of Encinitas adopted on November 9, 1994
and the ons is recordation thereof by its duly authorized officer.
Glenn Pruim Date
Director of Public Works
City of Encinitas
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 ,5AA - L/rG
On 3l 2,2/Z b 1(o before me, YO
Date n Here Insert Name and Title oft Officer
personally appeared �_!��1 J PY//l�t m
Name(s) of Signer(s)
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.
SAMANmiTHA MORROW WITNESS my hand and official seal.
Comssion No 2067516
v NOTARY PUBLIC-CALIFORNIA Y r U w
SAN DIEGO COUNTY
Commissim E MIMY 9,2018 Signature
Signature of Notary Public
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
WELLS FARGO BANK, N.A. ("Lien holder"), hereby consents to the grant of the
foregoing EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY by STEVE B. CHALK
AND VALERIE B. VALDEZ, HUSBAND AND WIFE, to THE CITY OF ENCINITAS, and,
joins in the execution hereof solely as Lienholder and hereby does agree that in the
event of the foreclosure of said mortgage under DEED OF TRUST TO SECURE
INDEBTEDNESS recorded in the office of the County Recorder of San Diego County on
MAY 23, 2012, as Document No. 2012-0303398 of official records, or other sale of said
property described in said mortgage under judicial or non-judicial proceedings, the
same shall be sold subject to said EASEMENT FOR PUBLIC STREET RIGHT-OF-
WAY.
SIGNED AND EXECUTED:
BY: WELLS FARGO BANK, N.A.
6W -e-,
Print Name Signature
Vices PrZ Lm► Da . � �i
Title Date
Signature of LIENHOLDER to be notarized.
Attach the appropriate acknowledgments.
BY: CITY OF ENCINITAS
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution of said Council adopted on November 9, 1994 that the City
of Encinitas accepts and consents to the making of the foregoing Consent of
Lienholder and onse recordation thereof by its duly authorized officer.
3 Z
Glenn Pruim Date(
Director of Public Works
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF MARYLAND )
COUNTY OF FREDERICK )
On March ' , 2016, before me, Anthony Murphy,Notary Public, personally appeared
Gwen R. Smalley, Vice President of Loan Documentation, of Wells Fargo Bank,NA.,
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 Maryland that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Anthony Murphy =Q:' NOTARY y<
PUBLIC
Notary Public of Maryland _. 6/14/2017 COMM/2017 EXPRES: °
My commission expires: June 14 2017 �� ""'
R/ck C0
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 a�L I )
On `3&Z before me WIGG44K A Y►'D ltd MO ,
Date Here Insert Name and Title of the fficer
personally appeared 7 e, Pr //I�-M
Name(s) of Signer(s)
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 WITNESS my hand and official seal.
Commission No.2087518
v NOTARY PUBLIC-CALIFORNW
SAN DIEGO COUNTY Signature Ur I D w
Comaus m E)*n May 9,2018 Signature of Notary Public
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):
D 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
THAT PORTION OF LOT 1, RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON
JULY 3, 1929, AND AS SHOWN ON RECORD OF SURVEY FILED FOR THE PURPOSE
OF CORRECTING ERRORS IN THE ORIGINAL MAP BEING RECORD OF SURVEY NO.
1193, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 20, 1945, MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT, DISTANT
THEREON NORTH 26 028'40"WEST 159.75 FEET FROM THE SOUTHWESTERLY
CORNER OF SAID LOT, BEING THE NORTHWESTERLY CORNER OF SAID LOT
CONVEYED TO JOHN A. WOOLLEY, ET UX, BY DEED DATED MARCH 12, 1949
RECORDED IN BOOK 2736, PAGE 295 OF OFFICIAL RECORDS, THENCE NORTH 85°
22' 10' EAST ALONG THE NORTHERLY LINE OF SAID LONG'S LAND, 425.54 FEET TO
THE NORTHEASTERLY CORNER OF SAID LAND, BEING A POINT ON THE
EASTERLY LINE OF SAID LOT WHICH IS DISTANT THEREON NORTH 100 10' 00"
WEST 156.20 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE
SOUTH 100 10' EAST ALONG SAID EASTERLY LINE, 36.15 FEET TO THE
NORTHEASTERLY CORNER OF SAID WOOLLEY'S LAND; THENCE WESTERLY IN A
STRAIGHT LINE ALONG THE NORTHERLY LINE OF SAID WOOLLEY'S LAND TO
THE POINT OF BEGINNING.
EXCEPTING FOR THEREFROM THE EASTERLY 200.00 FEET.
No.7655 ,..
r
EXHIBIT B
LEGAL DESCRIPTION
THAT PORTION OF LOT 1, RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON
JULY 3, 1929, AND AS SHOWN ON RECORD OF SURVEY FILED FOR THE PURPOSE
OF CORRECTING ERRORS IN THE ORIGINAL MAP BEING RECORD OF SURVEY NO.
1193, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 20, 1945, MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT, DISTANT
THEREON NORTH 26 028'40"WEST 159.75 FEET FROM THE SOUTHWESTERLY
CORNER OF SAID LOT, BEING THE NORTHWESTERLY CORNER OF SAID LOT
CONVEYED TO JOHN A. WOOLLEY, ET UX, BY DEED DATED MARCH 12, 1949
RECORDED IN BOOK 2736, PAGE 295 OF OFFICIAL RECORDS, AND BEING ON THE
EASTERLY LINE OF RUBENSTEIN AVENUE HAVING A FULL WIDTH OF 50.00 FEET,
THENCE CONTINUING ALONG SAID WESTERLY LINE OF LOT 1 AND EASTERLY
LINE OF RUBENSTEIN AVENUE NORTH 26 028'40"WEST 53.25 FEET TO THE
NORTHWESTERLY CORNER OF LAND CONVEYED TO PEARL GRACE LONG BY
DEED DATED FEBRUARY 14, 1926 RECORDED IN BOOK 2054, PAGE 498 OF
OFFICIAL RECORDS, THENCE NORTH 85022'10" EAST ALONG THE NORTHERLY
LINE OF SAID LONG'S LAND 2.15 FEET, THENCE SOUTH 26°28'40" EAST PARALLEL
TO SAID WESTERLY LINE OF SAID LOT 1, 53.17 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID WOOLLEY'S LAND, THENCE ALONG SAID NORTHERLY
LINE OF WOOLLEY'S LAND SOUTH 83 029'16"WEST 2.13 FEET TO THE POINT OF
BEGINNING.
CONTAINS 107 SQUARE FEET, MORE OR LESS.
AND s- '�
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t4o.7655 'r
LEGEND EXHIBI T 'C'
2' WIDE EASEMENT FOR PUBLIC STREET DED/CA PON PLA T
STREET RIGHT-OF-WA Y TO THE
CITY OF ENCINI TAS
ABBRE/IA TIONS
POB POINT OF
BEGINNING
GLOB 15065
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2.00' WIDE EASEMENT FOR PUBLIC b
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a STREET RIGHT-OF-WAY GRANTED TO o
THE CITY OF ENCINI TAS HEREON. z
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50.00 25.0 X2.13' 206.89'
N83'29'16"E 209.02
25.00 � PiAB �
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SOU THWESTERL Y
s CORNER LOT 1,
MAP 2163
SANTA FE DR. NOTE
c BOUNDARY DATA SHOWN
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LAND HEREON CAL CULA TED
L. PER GRANT DEED
z G'G S LF RECORDED ON MA Y 23,
�C/NI T Y MAP 0 2012 AS DOC. N0.
J N0. 7655 X 2012-0303397, OF O.R.
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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.
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:
Commission Number:
,,�-&��jX� Date Commission Expires:
County Where Bond is Filed: '
Manufacturer or Vendor Number: ��/
(Located on both sides of the notary seal border)
Signature:
Firm me (if applicable)
Place of Execution: Date:
ReC Form#R10 1(Rev 6!11/03)