2016-361267 DOC# 2016-0361267
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Recording Requested By: ) Jul 19, 2016 04:00 PM
OFFICIAL RECORDS
'n
Ernest Dronenburg, Jr
City of Encinitas ) SAN DIIEGOJCOUNTY RECORDER
FEES. $0.00
When Recorded Mail to: ) PCOR: NIA
City Clerk ) PAGES: 10
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY SPACE ABOVE FOR RECORDER'S USE
A t
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 254-230-12�
Case #: 15-077 DR/CDP
Address: 154 & 156 Phoebe Street Permit#: 12806-G
Colin R. Sinclair and Catherine E. Sinclair, husband and wife as community Property an
undivided one-half interest therein and Jeffrey R Hague a single man an undivided one
half interest therein all as tenants in common 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):
(/� � L113116
Colin Sinclair, Owner Date
Catherine Sinclair, Owner Date
Jeffrey Hague, Owner Date
SEE ATrACHEO FOR OFFICIAL NOTARY WORDING
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
(CALIFORNIA 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 50-n a eF0 )
On,Lu—e 13i"kip before me, St-t5t A N04, (Qu,b(. c..
(Date) n i (Here Insert Name and Title of the Officer)
personally appeared Co t n to lOL\r O.- �u1�er;r`e S n �ac;r
who proved to me on the basis of satisfactory evidence to be the pers n(s hose nam (s i are
subscribed e within instrument d acknowledged to me he/she xecuted the same
in his/her/ eir uthorized capacity ies and that by his/h r/ eir)signatur (s on the instrument
the perso (s , or the entity upon beha of which the perso (s) ed, 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.
WITNESS my hand and official seal.
SUSAN A. RUNKA
{ , C Coreen r 2135272 m
Signature of Notary Public (Notary Seal) _ Notwy Public-Ceiilernie n
Son 011P County -
My Comm.Ex ires Dec 2, 2019
ADDITIONAL OPTIONAL INFORMATION
Description of Attached Document
Title or Type of Document: Document Date: 3 1 b
Number of Pages:;� Signer( ther Than Named Above:
Additional Information:
revision date 01/01/2015
By�
City of Endnitas
City Clerk
Coy of Enw=s
bob Sumb Maw Wnw-
Enwin&3s, CA 92D24
POR THE BENEFIT C F THE C7Y
E ASEr.1EN' rcoR PU3tJC S TPEET PLIGHT-OF•V-1AY
Astietsuf's FaO,C; 4v. 254-230-12 Case 4: LM77 YVQ;QP
unmaled cne-h f ir:lt!rest ia
halff jr�tem-��t ttnern�!-n, aq as tMeNs in Commor hereirafter ciiled GRANTOR(S),
onmeas) cr 5:0 fIA ;�;wly in the Q, I Sv�o tan, . :U q
caktor"Iia' dasc!lbed as
SLI, n' i.
!Qey hemoy 102-n wrNey, ?Od mmomp for V0900-
GRANTEE, a-
s �et fcr--�-' cJty of EFfci-t-3i
Street Rig��t-of te, UN�e tem'�S j;m= -y -J;-�
Rpso:�Zl�,, 20^052 ad3jad October 28, 2009, as EX� - L - , -,, S
atawhed SMI wAy A ;31 ncmcf, Me rM qrs;Cly HoWneo as 7azym
SEE EXHi5ITS -S- ana -C" ATTACHED GRETO AND TWADE A PART HEREGF.
rho-
Cniin
Date
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 Orange )
On June 9, 2016 before me, Dennis Russell Clarkson, notary public,
(insert name and title of the officer)
personally appeared Jeffrey Hague
who proved to me on the basis of satisfactory evidence to be the person() whose name( is/scA
subscribed to the within instrument and acknowledged to me that he/ahe/they executed t e same in
his/4EWt4eir authorized capacity(i9d), and that by hisAaer/their signature() on the instrument the
person(56, or the entity upon behalf of which the person(p) 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.
DENNIS RUSSELL CLARKSON
WITNESS my hand and official seal. 'a : e~ commission # 2105035 ni
z . Notary Public -California n
z Orange County
N1 Comm.Ex ires Mar 28,2019
Signature (Seal)
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 and the grantee onsents to recordation thereof by its duly authorized officer.
All a '7/ 14 t1 &
Glenn Pruim Date
Director of Public Works
City of Encinitas
EXHIBIT "All SHEET 1 OF 1
LEGAL DESCRIPTION
SUBJECT PROPERTY
THE SOUTHERLY 140.00 FEET OF THE WESTERLY 10.00 FEET OF LOT 15 AND THE
SOUTHERLY 140.00 FEET OF THE EASTERLY 65.00 FEET OF LOT 16, BLOCK 1, SOUTH
COAST PARK NO. 4, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2049, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 26, 1927.
4f�o9�F<
LS ; 0
(A /J
9�OF CALIF � GI
GARY D. ELLOM, S 8537 PLSA JOB #2386
6/21/2016 PASCO LARET SUITER
DATE:
535 North Highway 101,Ste A,Solana Beach,CA 92075
ph 858.259-82121 fx 858-259-48121 plsaengineecing.com
EXHIBIT "B" SHEET 1 OF 1
LEGAL DESCRIPTION
STREET DEDICATION
A PORTION OF THE SOUTHERLY 140.00 FEET OF THE WESTERLY 10.00 FEET OF LOT 15
AND THE SOUTHERLY 140.00 FEET OF THE EASTERLY 65.00 FEET OF LOT 16, BLOCK 1,
SOUTH COAST PARK NO. 4, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2049, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 26, 1927, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY 8.00 FEET OF SAID PORTION OF LOTS 15 & 16.
CONTAINS 600 SQUARE FEET, MORE OR LESS.
5�0
LAND sv
D. MF4 9L�
ES 8537 C� 9
Exp.12131/
(P
9TFQF CAI�F GARY D. ELLO , PLS 8537 PLSA JOB#2386
6/21/2016 PASCO LARET SUITER
DATE: U i
535 North Highway 101,Ste A,Solana Beach,CA 92075
ph 858.259.8212 1 fx 858-259-4812 1 plsaengineenng.com
EXHIBIT ,I'C„ SHEET IOF1
PLAT
PCL 1
FOR. 15 & 16 POR. LOT 15
N 74°57'04" E 74.99'
10' --�
65' - PM 9797
70
BLOCK 1 MAP 2049
LOT 19 °o °o
°v FOR. 15 & 16 °v
o M FOR. LOT 15 PCL 2
O O
o
Ln to
L to
Z Z
HATCHED AREA INDICATES EASEMENT I
FOR PUBLIC STREET
RIGHT-OF-WAY
CONTAINING 600 S.F.
N 74°57'04" E 74.97'
p b 0
PHOEBE STREET
i r
VICINITY MAP ��0 MF�9`� W N
�s ss3� 0� 0 E
\ �PSONSt. Exp.12/31/�
SITE
P
y°° yc PHOEBE s� o\ 9TH OF_CAL%f- �\P 0 40 80
PLSA JOB #2386
N `\ GARY D. MELL M, PLS 8537
PASCO LARET SUITE
E 6/21/2016 a 'a0-1"=;e,°
(N.T.S.) DATE: 535 north Highway 101,Ste A,Solana Beach,CA 92075
g ph 858.259.82121 Cx 858-259-4812 1 plsaengineering.com
mood
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.