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2016-279654 DOC# 2016-0279654 IIIII IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) Jun 07, 2016 04:03 PM OFFICIAL RECORDS City of Encinitas Ernest J. Dronenburg, Jr., y ) 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 x r J Assessor's Parcel No: 258-274-46 ROBERT HART AND EMILY HART 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. GRAN ) Ro rt Hart, Owner Date Ca o� I Emil Hart, wner Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. 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 y l�� County of &VA 1: Ac SS. On 6- Z- 20 ( 6 , before me, OnA a o, A A fnp Notary Public, DATE \ t personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is ra� bscribed to the within instrument and acknowledged to me that he/she ey xecuted the same in his/h eir uthorized capacity(ies), and that by his/her/ eir ignature(s) on the instrument the person(s), or the entity upon behalf of which the ANGELA A. S MON person(s) acted, executed the instrument. COMM.#2009314 Ul NOTARY PURIC DIEGO OAUNTY N I certify nder PENALTY OF PERJURY under the SAN DIEGO COUNTY y MY CON.Ev.MAR.2,2017 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT F1 INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT F] OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT n OF s SIGNER o 6 O APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS ATHTTP://WWW.VALLEY-SIERRA.COM 22005-2015 VALLEY-SIERRA INSURANCE 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-,Q4 Drwu ) A07141, On & /mod �6 before me, Date Here Insert Name and btle of the fficer personally appeared T, Y1 I✓ , 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. j Commission No.2087518 0 v NOTARY PUBLIC-CALIFORNIA In SAN DIEGO COUNTY Signatu Commission Expires 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): ❑ 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: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 94-107 of th ity Council of the City of Encinitas adopted on November 9, 1994 a the me co sents to recordation thereof by its duly authorized officer. Glenn Pruim Date Director of Public Works City of Encinitas APN:258-274-46-00 EXHIBIT "A" EXISTING LEGAL DESCRIPTION THE NORTH ONE-HALF OF LOT 15 IN BLOCK"K" OF AVOCADO ACRES NO. 5, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2130, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 19, 1928. CONTAINS 0.21 ACRES (9,119.18 SQUARE FEET) MORE OR LESS. SHOWN ON EXHIBIT"C" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: NppL NANO .0 a i O� � , 0 MICHAEL D. VAN NOTY PROFESSIONAL LAND 9URVEYOR NO. 8932 �� jl ! DATE SIGNED: Jam' ZG \F OF pL�F BY: PLUMB LINESURVEYING, INC. Sheet 1 of 1 APN:258-274-46-00 EXHIBIT "B" RIGHT-OF-WAY DEDICATION THAT PORTION OF THE NORTH ONE-HALF OF LOT 15 IN BLOCK "K" OF AVOCADO ACRES NO. 5, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2130, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 19, 1928, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15, POINT BEING ON THE WESTERLY RIGHT-OF- WAY LINE OF NARDO ROAD (20 FOOT HALF WIDTH)AS SHOWN PER SAID MAP 2130; THENCE ALONG THE EASTERLY LINE OF SAID LOT 15 SOUTH 010 02' 25" WEST 63.52 FEET TO THE SOUTHEAST CORNER OF SAID NORTH ONE-HALF OF LOT 15; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTH ONE-HALF OF LOT 15 SOUTH 890 14' 28" WEST 10.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND DISTANT 10.00 FEET BEING MEASURED AT A RIGHT ANGLES TO THE EASTERLY LINE OF SAID LOT 15; THENCE ALONG SAID PARALLEL LINE NORTH 010 02' 25" EAST 63.52 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID LOT 15; THENCE ALONG SAID NORTHERLY LINE NORTH 890 14' 28" EAST TO THE POINT OF BEGINNING. CONTAINS 0.01 ACRES (635.23 SQUARE FEET) MORE OR LESS. SHOWN ON EXHIBIT"C"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: _ /NpL LAN\ /yy� el A CL MICHAEL D. VAN NO PROFESSIONAL LAN SURVEYOR NO. 8932 ` p I ZOO/ DATE SIGNED: E G OF CAL�� BY: PLUMB LINE SURVEYING, INC. Sheet 1 of 1 EXHIBIT "C" LOT 14 I I LO1T 4 (N 89-14'28" E 14 3.5 2') OB 10.00' NORTH 1/2 LOT 15 u' BLOCK"K" OF AVOCADO ACRES NO.5 ^ MAP 2130 N N Ln N Q0 m 9,119.01 SQ. FT. � No rn co '� `° p `V DEED REC. AUG. 16, 2012 INST. # o `�' Q 2012-0490299 z O LOT 6 w � 10.00' N C) 00 00 S 89°14'28" W 143.73' N Q Z BOUTH 1//22 LOT 15 o BLOCK"K" (.D Cn NO MAP 2130 � 0,110.01 SQ.FT. (S 89'14'28" W 143.94') . L01�6 i 20' LOT 1 6 LEGEND ® AREA TO BE DEDICATED ROAD CENTERLINE 0' 40' 80' 120' -- EXIST. RIGHT-OF-WAY PROPERTY LINE SCALE: 1"=40' ( ) INDICATES RECORD DATA PER MAP 2130 PREPAR D UND R MY SUPERVISION: `o&pX LA)Vo s D. V�'fyGy�c� MICHAEL D. VANN PROFESSIONAL A ND SURVEYOR NO. 8932 206 893 O 'L `P qrF F CALF DAT SIGNED r fBS,R.4W, SEC, M,, SBM P:760-913-7574 F:760-625-0082 APPROVED WWW.PLUMBUNESURVEYING.coM Drawn By: M.D.V. SHT. NO._ DATE: Checked By: M.D.V. CITY ENGINEER / R. E. OF-1 SHEETS Plot Date: May 20,2016 DIR.OF PUBLIC WORKS PLUMB LINE SURVEYING INC. 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.