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2016-279493 DOC# 2016-0279493 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) Jun 07, 2016 03:48 PM OFFICIAL RECORDS City of Encinitas ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 When Recorded Mail to: ) PCOR: N/A City Clerk ) PAGES: 11 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY tA PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT APN: 260-121-19-00 No.: CS07B Evan M. Weinberg, a Single Man, hereinafter called GRANTOR, is the owner of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR does hereby grant, convey, and dedicate for valuable consideration in the sum of $14,800.00 to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Pedestrian Access, Drainage, and General Utility Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-61 adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part hereof, over the real property described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF. In addition to the terms and conditions set forth in EXHIBIT "D", the following condition applies: GRANTEE and GRANTOR hereby agree that the valuable consideration specified above includes full and final payment by GRANTOR in lieu of any private property fence modification and/or reconstruction by GRANTOR for the benefit of the real property described in EXIJ-1 IT °C". GRANT ( / E n M.Wevi nberg 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 Council of the City of Encinitas adopted on November 9, 1994 and the ran c 4nts to recordation thereof by its duly authorized officer. Glenn Pruim Da e Director of Public Works City of Encinitas EXHIBIT "A" PEDESTRIAN AND GENERAL UTILITY EASEMENT APN 260-121-19 GRANTOR: EVAN M. WEINBERG LEGAL DESCRIPTION AN EASEMENT FOR PUBLIC RIGHT-OF-WAY OVER, UNDER, ACROSS AND ALONG THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LAND GRANTED TO BENJAMIN MALONE AS DESCRIBED IN GRANT DEED, RECORDED JUNE 16, 2008 AS DOCUMENT NUMBER 2008-0322832 OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID MALONE LAND, SOUTH 00 041'13" WEST (SOUTH 00 001'00" WEST RECORD PER SAID GRANT DEED), 30.00 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT EASEMENT FOR COUNTY HIGHWAY, GRANTED TO THE COUNTY OF SAN DIEGO ON JANUARY 14, 1949 IN BOOK 3080, PAGE 204 OFFICIAL RECORDS OF SAN DIEGO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF COUNTY HIGHWAY EASEMENT, NORTH 89 057'42" EAST, 84.50 FEET TO THE EASTERLY LINE OF SAID MALONE LAND; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID MALONE LAND, SOUTH 00 041'13" WEST(SOUTH 00 001'00" WEST RECORD PER SAID GRANT DEED), 3.00 FEET TO A POINT THAT IS 3.00 FEET SOUTH OF AND PARALLEL WITH SAID SOUTHERLY LINE OF COUNTY HIGHWAY EASEMENT; THENCE WESTERLY ALONG SAID PARALLEL LINE, SOUTH 89 057'42" WEST, 84.50 FEET TO THE WESTERLY LINE OF SAID MALONE LAND; THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 00 041'13" EAST (NORTH 00°01'00" EAST RECORD PER SAID GRANT DEED), 3.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 253 SQUARE FEET, MORE OR LESS. EXHIBIT"B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. A AND A. MAROI PLS 5941 ARMAND A. GR`� a )1 - c MAROIS 0 DATE PLS 5941 NA `Q. 9T�oF CA����� EXHIBIT 'B' MW 2W-121-V 30' 15' 0' 30' SCALE: 1" = 30' SANTA FE DRIVE WILY CORNER P.O.C. LEGEND PER DEED ell) R/S 1120 SOUTHERLY LINE OF COUNTY HIGHWAY ® — AREA OF ACQUISITION °o EASEMENT BOOK 3080 � ° ( ) — RECORD PER GRANT ° "� T.P.O.B. PG 204 O.R.L 1 DEED JUNE 16, 2008 DOC # 2008-0322832 L4 L2 — EXISTING PROPERTY 253 SF L3 3' LINE W NO. BEARING DISTANCE o L1 N895742"E 84.50' o WESTERLY LINE L2 S00 41 13 W 3.00 ° PER DEED L3 S89 5742"W 84.50' ° L4 N00'41'13"E 3.00' 2 EASTERLY LINE PER DEED LANDS, 657 SANTA FE DRIVE o� ARMAND A. Gc�,�' EVAN M. WIENBERG cc MAROIS o a jD * PLS 5941 OF A MANO A. MARO P.L. . 5941 DATE.• ¢ bhmnc. PEDESTRIAN & GENERAL land planning, civil engineering, surveying UTILITY EASEMENT 5115 Avenida Encinas WEINBERG Suite L TO Carlsbad, California 92008-4387 CITY OF ENCINITAS (760) 931-8700 K.\Land Projects 3\421-1158-101\EXHIBITS\421-1158—EXHIBIT B.dwg EXHIBIT "C" LEGAL DESCRIPTION OF REAL PROPERTY APN: 260-121-19-00 Real property in the City of Encinitas, County of San Diego, State of California, described as follows: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID SECTION 22, DISTANT ALONG SAID LINE SOUTH 89D 18' 30" WEST, 1549.00 FEET FROM THE NORTHEASTERLY CORNER OF SAID SECTION; THENCE ALONG SAID NORTHERLY SECTION LINE, SOUTH 89D18'30" WEST, 84.50 FEET; THENCE PARALLEL WITH THE EASTERLY LINE OF SAID SECTION 22, SOUTH OD 01'00" WEST, 182.00 FEET; THENCE PARALLEL WITH SAID NORTHERLY SECTION LINE, NORTH 89D 18'30" EAST, 84.50 FEET; THENCE PARALLEL WITH SAID EASTERLY SECTION LINE, NORTH OD 01'00" EAST, 182.00 FEET TO THE POINT OF BEGINNING. EXHIBIT "D" Terms and Conditions for Dedication of Public Pedestrian Access, Drainage, and General Utility Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of pedestrian access, drainage, and general utility easement for 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 pedestrian access and use, for drainage, and for 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, 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. 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. The termination and abandonment may be made by the Grantee. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of pedestrian access, drainage, and general utility easement. 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. 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 4%,,D Z>\ e-a SS. On _2-- 20 1 ( , before me, 14,%l(G-P_ X10 Yl , Notary Public, DATE personally appeared EV A Y1 \n12 i n bP_ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed the within instrument and ac ledged to me tha he she/they executed the sa ker/their authorized capacity(ies), and that b 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. ANGELA A. SIMON N NO ARY^PUBIIC-CALLIFO NIA N I certify under PENALTY OF PERJURY under the SAN DIEGO COUNTY — MY COMM EXP.MAR,2,T611 laws of the State of California that the foregoing '� paragraph is true and correct. WITNESS my hand and official seal. ("ao' a, 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 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 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF s SIGNER o a 0 APA 01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://W W W.VALLEY-SIERRA.COM ©2005-2015 VALLEY-SIERRA INSURANCE 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 O m b C'_CN C SS. On (o— to ( r0 , before me, G�lr�, �`I • J� 0�1 , Notary Public, DATE /+ personally appeared Gk P h yl �'r u ► yy-) ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)6s re subscribed the within instrument and ackn ledged to me that�i /she/they executed the sa is her/their authorized capacity(ies), and that by his her/their signature(s) on the instrument the per on(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANGELA A. SIMON N certif CommA 2009314 to I under PENALTY OF PERJURY under the • NOTARY PUkIC•CALIFORNIA N y SAN DIEGO COUNTY laws of the State of California that the foregoing MY Comm.EXP,MAR.1,2..:::. paragraph is true and correct. WITNESS my hand and official seal. (A4-'1j2'L CL Y� PLACE NOTARY SEAL IN ABOVE SPACE 0 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 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 F1 OTHER: OTHER a, SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF r SIGNER o 6 O APA01/2015 NOTARYBONDS,SUPPLIESANDFORMSATHTTP://WWW.VALLEY-SIERRA.COM ©2005-2015 VALLEY-SIERRAINSURANCE