2016-347936 DOC# 2016-0347936
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Requested B : Jul 12, 2016 03:41 PM
Recording 4 y ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
When Recorded Mail to: ) 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
✓
G Assessor's Parcel No: 258-241-32 8 33 Case#:06-066 MUP/CDP/DR
Plan #: 10747-1
Scripps Health, a California nonprofit public benefit corporation, 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 O
/w/Al/
drd Rot rger Date
orporate Executiv Vice President,
Chief Financial Officer
for Scripps Health
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 City Council of the City of Encinitas adopted on November 9, 1994
and the ra co n to recordation thereof by its duly authorized officer.
Glenn Pruim Date
Director of Public Works
City of Encinitas
EXHIBIT `A'
LEGAL DESCRIPTION OF PROPERTY
APN 258-241-32 AND 33
ALL THAT PORTION OF LOTS 1, 2 AND 3 OF ENCINITAS HOSPITAL SUBDIVISION ACCORDING TO
MAP THEREOF NO. 7709 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON JULY 20, 1973; PARCELS 1 AND 2 OF PARCEL MAP NO. 3787 FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 15, 1975; PARCELS 1, 2 AND 3 OF
PARCEL MAP NO. 12961 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON OCTOBER 21, 1983; PARCEL 1 OF PARCEL MAP NO. 836 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 25, 1972; PORTIONS OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THE WEST HALF OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER AND THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER, ALL IN SECTION 15,TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, ALL IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 OF SAID PARCEL MAP NO. 12961;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL SOUTH 83 039'35" WEST 177.27 FEET;
THENCE NORTH 89 030'23" WEST 208.19 FEET; THENCE SOUTH 01°02'43" WEST 50.00 FEET;
THENCE NORTH 89°30'23" WEST 622.27 FEET; THENCE NORTH 01 001'53" EAST 1329.18 FEET;
THENCE NORTH 01 005'23" EAST 850.91 FEET; THENCE SOUTH 88°56'18" EAST 25.00 FEET;
THENCE NORTH 70 046'35" EAST 43.40 FEET; THENCE SOUTH 19°21'52" EAST 674.65 FEET;
THENCE SOUTH 29 024'46" EAST 268.69 FEET; THENCE SOUTH 29°24'46" EAST 332.13 FEET;
THENCE SOUTH 27 030'28"EAST 600.26 FEET;THENCE SOUTH 13°30'36"EAST 451.36 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM ALL WITHIN PARCEL 2 AND A PORTION OF PARCEL 1 OF PARCEL MAP
NO. 3787 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 15,
1975, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE WEST SIDE
OF SAID PARCEL 2 TO AND ALONG THE WEST SIDE OF PARCEL 1, NORTH 01°01'53" EAST 216.00
FEET; THENCE LEAVING SAID WEST LINE, SOUTH 89°13'12" EAST 100.00 FEET; THENCE SOUTH
01 001'53" WEST 150.00 FEET; THENCE SOUTH 89 013'12" EAST 69.00 FEET; THENCE SOUTH
01 001'53" WEST 66.00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 1;
THENCE ALONG SAID SOUTH LINE TO AND ALONG THE SOUTH LINE OF PARCEL 2, NORTH
89 013'12"WEST 169.00 FEET TO THE POINT OF BEGINNING.
ALL AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED ON FEBRUARY 2, 2010 AS
DOCUMENT NO. 2010-0055174 OF OFFICIAL RECORD.
PAGE 1 OF 1
EXHIBITS'
LEGAL DESCRIPTION
EASEMENT
A PORTION OF CERTIFICATE OF COMPLIANCE FILE NO. 2010-0055174 (CASE NO. 06-
066/MUP/DR/EIA/CDP) FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY ON
FEBRUARY 2, 2010 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID CERTIFICATE OF COMPLIANCE, THENCE
ALONG THE NORTHERLY LINE OF SAID CERTIFICATE OF COMPLIANCE
1. SOUTH 88 056'18" EAST 25.00 FEET, THENCE
2. NORTH 70 046'35" EAST 5.33 FEET; THENCE LEAVING SAID NORTHERLY LINE
3. SOUTH 1°05'23"WEST 36.01 FEET, THENCE
4. SOUTH 70 046'35" WEST 5.29 FEET, THENCE
5. NORTH 88°56'18"WEST 25.04 FEET TO A POINT ON THE WESTERLY LINE OF
SAID CERTIFICATE OF COMPLIANCE,
THENCE ALONG SAID WESTERLY LINE
6. NORTH 1°05'23" EAST 36.00 FEET TO THE POINT OF BEGINNING.
SAID LAND CONTAINS 0.025 ACRE MORE OR LESS.
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PAGE 1 OF 1
EXHI pl T 'C' SHEET 1 OF 1
FRONTAGE/ROAD
P.O.B. NORTHWEST CORNER M.S. 777 57046'35"E
5.33'
CERTIFICATE OF
COMPLIANCE FILE NO. 5885
2010-0055174 25.0000''
ENCINITAS HIGHLANDS o 0
MAP NO. 2141 0
BLOCK B 4i "� CERTIFICATE OF COMPLIANCE
FILE NO. 2010-0055174
2 N (CASE NO. 06-066
LOT 7 ° p A MUP/DR/EIA/CDP)
0 2 2
2 N8856'18 0W N7046'35"E
25.04' 5.29' N
1 a
— — — 3
LOT 6 4
1" = 20'
LEGEND: EASEMENT LEGEND:
!'] INDICATES STREET (D EXISTING PUBLIC STREET RIGHT OF WAY DEDICATED TO
DEDICATION THE CITY OF ENCINITAS PER DEED RECORDED MATCH 20,
AREA = 0.025 ACRE 2012 AS FILE NO. 2012-0162626, O.R.
P.O.B. POINT OF BEGINNING Q2 EXISTING PUBLIC STREET RIGHT OF WAY DEDICATED PER
MAP NO. 2141 RECORDED DECEMBER 4, 1929.
EXISTING LOT LINE O3 EXISTING EASEMENT GRANTED TO SDG&E AND RECORDED
EXISTING RIGHT OF WAY JUNE 3, 1954 IN BOOK 5256, PAGE 364, O.R.
EXISTING EASEMENT ® EXISTING EASEMENT GRANTED TO SDG&E AND RECORDED
NOVEMBER 18, 1952 IN BOOK 4658, PAGE 65, O.R.
PROJECT v �
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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 public or other o cer completingthiscertmcate
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--cati#ornia ) CALIFORNIA ALL-PURPOSE
County of . Y' C� ) CERTIFICATE OF ACKNOWLEDGMENT j
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On LQi 029 o2O before rrt�
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persona appeared �
1
who proved to me on the basis of satisfactory evidence to be the person(4 whose narne(a)Isle subscribed to
the within instrument and admowiedged to me that he/she/dte)r executed the same in hls1#seHdtieir
authormed capadtyOW,and that by h signatureW on the instrument the persoW,or the entity
upon behalfofwhich the person(g)acted,executed the instrurnertt i
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I certify under PMALTY OF POWRYunder the haws of the
State of California that the paragraph is true and correct SUSAN L. ST.JOHN
n9 Pa�9 - Commission M 1995115
;F-'�: Notary Public-California > I
2 'f- San Diego County -
my hand and official seal My Comm.Ez fires Nov 21,2016'
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(Seal)
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OMO NFOWA77ON
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Ahhough the information in this sect/on is not required by law,it could prevent fraudulent removal and reattachment of this
i ocknowledgmem to an unauthorized document and may prove ufeful to persons relying on the attached document
Description of Attached Document
The preceding Certificate of Acknowledgment is attaet i t d ent
titled/forthe rpose of J
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The signer(s)capacity or authority is/are as:
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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
C - SS.
County of SC' n �( e A O
On 1 — 7-0 1 before me, Av�GeA � Sl M�t'1 , Notary Public,
DATE /�
personally appeared_�� o v.) in f t u s Yy"\ who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is re subscribed the within instrument
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and ac ledged to me that/she/they executed the
sa I hi /her/their authorized capacity(ies), and that
, hi / er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
ANGELA A. SIMGN
person(s) acted, executed the instrument.
Comm.$2009314
N NOTARY 111111 CALIFOPNIA N_ I certify under PENALTY OF PERJURY under the
SAN IEGO CO
MY Comm.D EXP MARxZ 2017 laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
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PLACE NOTARY SEAL INABOVE 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 OFATTACHED 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
THUMBPRINT `
NAME OF PERSON(S)OR ENTITY(IES)
OF
SIGNER -
APA 111115 NOTARI'�ONDS,SUPPLIESAND FORMSAT fITTP:'/WW W.VALLBY-SIERRACOM ?2005-2015 VALLEY-SIERRA INSURANCE