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2016-253273 DOC# 2016-0253273 G� Recording Requested By: May 24, 2016 04:11 PM City of Encinitas ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER When Recorded Mail to: ) FEES: $0.00 City Clerk ) PCOR: N/A PAGES: 9 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY r� EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 258-344-44 Building Permit#: 15-2777 TIMOTHY P DILLON AND POOJA U. DILLON, CO-TRUSTEES OF THE TIMOTHY P. DILLON AND POOJA U DILLON REVOCABLE TRUST DATED JUNE _10, 2007, 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. GRA OR(S): ti � P U�L' �lz1 z�ie Timothy P. Ilon, Owner Date U ja U. Di on, Owner 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 94-107 of the City Council of the City of Encinitas adopted on November 9, 1994 d gran a consents to recordation thereof by its duly authorized officer. Glenn Pruim Date Director of Public Works City of Encinitas SHEET I OF 3 EXHIBIT "A " SUBJECT PROPERTY DESCRIPTION THAT PORTION OF LOT 3, IN BLOCK A, OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 2141 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1928, AND DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 3, THENCE WESTERLY ALONG THE NORTHERLY LINE OF LOT 3 TO THE NORTHWESTERLY CORNER OF SAID LOT 3. THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LOT 3, 66 FEET, THENCE EASTERLY ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF LOT 3 TO A POINT IN THE EASTERLY LINE OF LOT 3, THENCE NORTHERLY ALONG THE EASTERLY LINE OF LOT 3 66 FEET. � ;3 SAND S�9 ����QN C. yG GF� LS 5211 1n rglF OF CA�iF PASCO LARET SUITE & ASSOCIATES CIVIL ENGINEERING+LAND PLANNING+LAND SURVEYING 535 N Coast Highway 101 Ste A Solana Beach,CA 92075 ph 858.259.8212 fz 858.259.4812 1 plaaenglneering.com PLSA 2533 SHEET 2 OF 3 EXHIBIT "B 's DEDICATION DESCRIPTION THAT PORTION OF LOT 3, IN BLOCK A, OF ENCINITAS HIGHLANDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 2141 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 4, 1928, AND DESCRIBED AS FOLLOWS: THE EASTERLY 6.00 FEET OF THE FOLLOWING DESCRIBED LAND. BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 3: THENCE WESTERLY ALONG THE NORTHERLY LINE OF LOT 3 TO THE NORTHWESTERLY CORNER OF SAID LOT 3: THENCE SOUTHERLY ALONG THE WESTERLY LINE OF LOT 3, 66 FEET: THENCE EASTERLY ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF LOT 3 TO A POINT IN THE EASTERLY LINE OF LOT 3: THENCE NORTHERLY ALONG THE EASTERLY LINE OF LOT 3 66 FEET ,0 LAND S�9 C. YG GF� LS 5211 N Q OF CAS— PASCO LARET SUITER & ASSOCIATES CIVIL ENGINEERING+LAND PLANNING+LAND SURVEYING 535 N Coast Highway 101 Ste A Solana Beach,CA 92075 ph 858.259.8212 1 fz 858.259.4812 1 plsaengineering.com PLSA 2533 SHEET 3 OF 3 EXHIBIT "C " PLAT I , LOT 16 LOT 4 N89 '57'00"E 151.43' 6.00 ' r 20' 30' I.XJ W PORTION OF LOT 3, BLOCK A �- in MAP 2141 v o o APN 258-344-44 0 LO LID O Z 1152 DEVONSHIRE OR. °z I Z W I cr_ - - - C-0 N89 '57'00"E 150.91 ' ZO i PORTION OF LOT 3 W O INDICATES EASEMENT FOR PUBLIC STREET RIGHT-OF WAY 3996 SO. FT. +- ��� SAND S�9 SURVEYOR NOTE: ��� ?\A C' YG GF� BEARINGS AND DISTANCES SHOWN HEREON APED OF RECORD PER MAP LS 5211 N NO. 2141 RECORDED 12-4-28 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. l N OF CA�ZF� VICINITY MAP S- Z-!G GRAPHIC SCALE 1 "=40 ' J ¢ Z U _ "' O N z o z N 0 40 80 o o o o Q ¢ o m SITE PASCO LARET SUITER 215' +- SANTA FE 9 DR & ASSOCIATES G CIVIL ENGINEERING+LAND PLANNING+LAND SURVEYING 535 N Coast Highway 101 Ste A Solana Beach.CA 92075 cS ph 858.259.8212 fz 858.259.4812 plsaeagtneering.com PL SA 2533 ti 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. 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 Sar\ SS. On o� 01 O ( (��, before me, Notary Public, DATE personally appeared 0. t51 `0 ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to the w' in instrument and acknowledged me that he/she/executed the same in his/h. eir a it rized capacity(ies), and that by his/her/m, 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 ml 20314 NOTARY�PUBLIC OCA9FO NIA N_ I certify under PENALTY OF PERJURY under the SAN DIEGO COUNTY laws o lf the State of California that the foregoing Mr Comm.EXP.MAR.2,2017 g g 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 INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) F1 ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s NAME OF PERSON(S)OR ENTITY(IES) THUMB 0 s SIGNER o 6 O APA0I/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2015VALLEY-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 S�n / On 53/2o I(o before me, j� 0 �() A1a-6,vu P/1,1iT Date Here Insert Name and Title of thub Officer personally appeared �/el hn /n rU4 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.2067518 n V NOTARY PUBLIC-CALIFORNW t; SAN DIEGO may E COUNTY / Commission xpos 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