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2016-348028 DOC# 2016-0348028 Recording Requested By: ) Jul 12, 2016 03:55 PM OFFICIAL RECORDS City of Encinitas ) Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER When Recorded Mail to: ) FEES: $0.00 Clerk PCOR: NIA City ) _ PAGES: 13 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE t \t FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY 11 Assessor's Parcel No: 256-301-01 ENCINITAS UNION SCHOOL DISTRICT OF SAN DIEGO COUNTY, 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. GRANTOR(S): Encinitas Union Sc of District of San Diego County Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. Page 3 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL OF BLOCK S IN SEASIDE GARDENS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 1800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,AUGUST 6, 1924. EXCEPTING THAT PORTION THEREOF LYING WITHIN THE BOUNDARY LINES OF THE 200 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, FORMERLY THE CALIFORNIA SOUTHERN RAILROAD COMPANY, AS SHOWN BY MAP FILED MARCH 14, 1881 BY SAID RAILROAD COMPANY, UNDER THE ACT OF CONGRESS OF MARCH 3, 1875 AND APPROVED BY UNITED STATES DEPARTMENT OF INTERIOR ON MAY 12, 1881. PARCEL 2: ALL THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO UNITED STATES GOVERNMENT SURVEY,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 2 007'30" WEST, (RECORD SOUTH 0°57' WEST), ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 9, A DISTANCE OF 152.72 FEET TO A POINT; THENCE SOUTH 28°33'30" EAST (RECORDED SOUTH 29 042' ET), A DISTANCE OF 185.73 FEET TO A POINT; THENCE SOUTH 89°28'30" EAST PARALLEL WITH THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 9,A DISTANCE OF 714.84 FEET MORE OR LESS TO THE WESTERLY LINE OF LOT 10 IN BLOCK U OF SEASIDE GARDEN ANNEX, ACCORDING TO MAP THEREOF NO. 1801; THENCE NORTH 19°57'30" WEST, (RECORDED NORTH 21°06' WEST),ALONG THE WESTERLY LINE OF LOTS 10 AND I I IN SAID BLOCK U OF SEASIDE GARDENS ANNEX TO A POINT ON THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 9,DISTANT THEREON SOUTH 89 028'30" EAST 682.99 FEET, (RECORDED NORTH 89°23' EAST 683.0 FEET), FROM THE NORTHWEST CORNER OF SOUTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 89 028'30" WEST ALONG THE NORTHERLY LINE OF SOUTHEAST QUARTER OF SECTION 9 A DISTANCE OF 682.99 FEET TO THE POINT OF BEGINNING. EXCEPTING THAT PORTION THEREOF LYING WITHIN THE BOUNDARY LINES OF THE 200 FOOT RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, FORMERLY THE CALIFORNIA SOUTHERN RAILROAD COMPANY, AS SHOWN BY MAP FILED MARCH 14, 1881 BY SAID RAILROAD COMPANY, UNDER THE ACT OF CONGRESS OF MARCH 3, 1875 AND APPROVED BY UNITED STATES DEPARTMENT OF INTERIOR ON MAY 12, 198 1. PARCELS: ALL THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE U. S. GOVERNMENT SURVEY APPROVED APRIL 19, 188 1,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9,BEING ALSO THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO THE ENCINITAS SCHOOL DISTRICT BY DEED DATED JULY 7, 1928 AND RECORDED IN BOOK 1535,PAGE 94 OF DEEDS; THENCE SOUTH 2°07'30" WEST (RECORD SOUTH 0°57' WEST) ALONG THE WEST LINE OF Page 5 EXHIBIT'A' LEGAL DESCRIPTION VESTING: ENCINITAS UNION SCHOOL DISTRICT ASSESSOR'S PARCEL NUMBER: 256-301-01 EASEMENT THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U.S. GOVERNMENT SURVEY APPROVED APRIL 19, 1881, BEING A PORTION OF THAT PARCEL DESCRIBED IN BOOK 1535 PAGE 94 OF DEEDS RECORDED OCTOBER 2, 1928, TOGETHER WITH A PORTION OF THAT PARCEL DESCRIBED IN BOOK 2166 PAGE 176 OF OFFICIAL RECORDS RECORDED JULY 5, 1946, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9, BEING THE NORTHWEST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1535 PAGE 94 OF DEEDS; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER AND ALONG SAID PARCEL DESCRIBED IN BOOK 1535 PAGE 94 OF DEEDS SOUTH 02°46'36"WEST 152.72 FEET TO AN ANGLE POINT IN SAID PARCEL DESCRIBED IN BOOK 1535 PAGE 94 OF DEEDS; THENCE LEAVING SAID WEST LINE, CONTINUING ALONG SAID PARCEL DESCRIBED IN BOOK 1535 PAGE 94 OF DEEDS AND THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2166 PAGE 176 OF OFFICIAL RECORDS SOUTH 27 054'24" EAST 210.15 FEET; THENCE LEAVING SAID PARCEL DESCRIBED IN BOOK 1535 PAGE 94 OF DEEDS AND SAID WESTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2166 PAGE 176 OF OFFICIAL RECORDS NORTH 62 005'36" EAST 40.00 FEET TO A LINE PARALLEL WITH AND 40.00 FEET EASTERLY OF SAID WESTERLY LINE OF THAT PARCEL DESCRIBED IN BOOK 2166 PAGE 176 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE SOUTH 27 054'24" EAST 318.16 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 02 005'36" EAST 38.00 FEET TO A LINE PARALLEL WITH AND 59.00 FEET EASTERLY OF SAID WESTERLY LINE OF THAT PARCEL DESCRIBED IN BOOK 2166 PAGE 176 OF OFFICIAL RECORDS; THENCE ALONG SAID PARALLEL LINE NORTH 27 054'24"WEST 285.25 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 62 005'36"WEST 19.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 5,732 SQUARE FEET MORE OR LESS. SEE EXHIBIT'B' ATTACHED HERETO AND MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION AND PLAT HAVE BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL SCHLUMPBERGER, PLS 7790 y�O%,AND g ✓v U� �"'scwU�A Fo nt 7, Zc/G DATE cp No. 7790 Op NW EXHIBIT "c " NW CDR SE EXISTING EASEMENTS 1/4 SEC 9 OA EASEMENT TO SAN DIEGO T13S R4W SEIM UNION STREET CONSOLIDATED GAS AND ELECTRIC © COMPANY RECORDED MAY 14, 1929 IN BOOK 1620 PAGE 445 OF DEEDS 502'46'36'W a 152 72' B A O EASEMENT FOR COUNTY HIGHWAY TO THE COUNTY OF SAN DIEGO RECORDED JUNE 13, 1934 IN ` BOOK 307 PAGE 33 O.R. \ BOOK 7535 PAGE 94 © UTILITY EASEMENT RESERVED IN DEEDS ASSESSORS' PARCEL NO.: 256-301-01 GRANT DEED RECORDED SEPTEMBER J' \` 30, 1929 IN BOOK 1687 PAGE 294 p OF DEEDS '" ' ' N620536 E 40.00 a, NON—PLOTTABLE EASEMENTS F \ ' - - - 15' WIDE EASEMENT TO SAN DIEGUITO `\ WATER DISTRICT RECORDED AUGUST TPOB \ SEE DETAIL IN BOOK 1109 PAGE 120 \\ ` ON SHEET 2 OF DEEDS \\ �� \\\ EASEMENT OF UNSPECIFIED WIDTH TO SAN DIEGO CONSOLIDATED GAS AND BOOK 2166 ELECTRIC COMPANY RECORDED APRIL 15, 1926 IN BOOK 1174 PAGE 299 PAGE 176 OF DEEDS O.R. o \\ 1i \\ RETAINING WALL EASEMENT TO HERMES FOUR, LLC RECORDED APRIL n ` f 4, 2001 AS DOC# 2001-0203752 HALCYON ROAD w THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT LAND SG SCHL 0 �L MICHAEL L. SCHLUMPBERGER, PLS 7790 No. 7790 CITY OF ENCINITAS Right—Of—Way Engineering Services, Inc. EX 12/31/1 Land Surveying �T P 1`- VESTING: ENCINITAS UNION SCHOOL DISTRICT 615 South Tremont Street Oceanside, CA 92054 "9T O� (760) 637 2700 row®roweng.net F OF Gp,L\F Job No 1603--0011--06 DATE: JUNE 7, 2016 SHEET 1 OF 2 EXHIBIT " C " BOOK 1535 / BOOK 2166 PAGE 94 DEEDS PAGE 176 O.R. N27'54'24"w 285.25' NO2'05'36"E\7\\ 38.00' 562'05'36"W a 19.00' 527'54'24"E 318.16' TPOB / N60.00' °E 4 VULCAN AVENUE / I o.00' ° a I DENOTES AREA OF EASEMENT ACQUISITION ® 5,732 SQUARE FEET MORE OR LESS SCALE 1"=40' CITY OF ENCINITAS VESTING: ENCINITAS UNION SCHOOL DISTRICT [DATE: JUNE 7, 2016 SHEET 2 OF 2 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 byway 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 } SS. County of 5CC h I e A 11 ) On al— �)-O/ 6 before me, Sct h e* Notary Public, DATE personally appeared -Ti +moo-\U J3. Neck 1 rah who proved to me on the basis of satisfactory evidence to be the personN whose named is/.'%Q subscribed to the within instrument and acknowledged to me that heAShe/tltey executed the same in his/tter/thtir authorized capacity'(i'es), and that by his/hx/thzif-signature(3 on the instrument the personN, or the entity upon behalf of which the =n - 'ANET' LAND - perSOn acted, executed the instrument. 6690 alifornia%+unty I certify under PENALTY OF PERJURY under the l 30,2016 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Q, o,_ ;? 6� P� PLACE NOTARY SEAL IN ABOVE SPACE. NOTARY'S SIGNATLEV I 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) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR E] SUBSCRIBING WITNESS DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT r NA-ME OF PERSON(S)OR ENTITY(IES) THUMBPRINT A OF e SIGNER o APA01.2015 NOTARY BONDS.SUPPLIESAND FORMSAT HTTP,WWW.VALLEY-SIERRA COM z 2005-2015 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 Qnp-,e!25� ) On F��IZ o 1 to before me, ti L/!A,a*-, 064 rybw b+.✓fit D1, 4,e Date Here Insert Name and Title of the/Officer Pr-k;personally appeared �IGn n f r-k t✓v-\ Names) of Signers) t 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. QSAMANTHA MORROW WITNESS my hand and official seal. an Commission No 2067518 0 NOTARY PUBLIC.CALIFORNIA n SAN DIEGO COUNTY / Commission Expires May 9,2018 Signature,��y��T/�_nA�f)✓� W 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 — L Limited - General Partner — ❑ Limited General Individual L Attorney in Fact - Individual L Attorney in Fact Trustee L 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 #15907