2016-480481 DOC# 2016-0480481
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Recording Requested By: ) Sep 13, 2016 L R 04:27 PM
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
PUBLICpRAINAGE EASEMENT
Assessor's Parcel No: 258-112-32�/ Case #: 16-073 CDP
Plan#: 12951-SG
Encinitas Town & Country Shopping Center, a California Limited Partnership, 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 and convey for valuable consideration to the City of Encinitas, State
of California, hereinafter called GRANTEE, a Public Drainage Easement, subject to the
terms and conditions set forth in City of Encinitas Resolution 2009-58 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):
Sign for GRANTOR Date
Print Name Title
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
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 SAN DIEGO )
On September 8, 2016 before me, Brandi Clarke, Notary Public
(insert name and title of the officer)
personally appeared Edward C. Peterson
who proved to me on the basis of satisfactory evidence to be th erson s) whose ame s is/ re
scribed to the within i ent and acknowledged to me tha a/they execu a the same in
hi her#heir authorize capaci (ies), and that by er/their Ignatur s) on the instrument the
erso s), or the entity up-off-behalf of which the erson s) acte , 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. BRANDI CLARKE f
Commission No 2030051 n
NOTARY PUBLIC-CALIFORNIA b
SAN DIEGO COUNTY
Signature/J yaf 1/ r /W, (Seal) Cmaillim Eym h"21,2017
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 Co cil of the City of Encinitas adopted on November 9, 1994
and the rante ons is recordation thereof by its duly authorized officer.
9/13//,6
Glenn Pruim Date��
Director of Public Works
City of Encinitas
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 C^omm )
County of n \ )
On CC� ��6 �k before me, a Hka:v-"
Date '' rtrt In Narfi nd Title of the is
personally appeared �e)li��Cl �\�\C- 1
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.
50 D ANA GAY WITNESS m nd and official seal.
Commission#r 2037575
_ , Notary Public-CaBOrM#
T San Diego County Signature
Comm.E 7es A 23 2017+ Signature of Not ublic
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 — C Limited — General Partner — Ll Limited General
Individual L I Attorney in Fact Individual —1 Attorney in Fact
Trustee C Guardian or Conservator Trustee I I 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
EXHIBIT "A"
LEGAL DESCRIPTION
REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL A:
LOT 4 OF ENCINITAS PLAZA/WESLEY HOMES NO. 1, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8116, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 28, 1975.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS AND A RIGHT OF PASSAGEWAY OVER A PORTION OF
LOT 7 OF RANCHO RIQUEZA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 2133 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY OCTOBER 11, 1928, AS MORE FULLING CONTAINED AND DESCRIBED IN
DEED RECORDED AUGUST 18, 1980 AS INSTRUMENT NO. 80-263721 AND SUBJECT TO THE
CONDITIONS CONTAINED THEREIN.
APN:
258-112-32-00
258-112-33-00
258-112-34-00
258-112-35-00
258-112-36-00
258-112-37-00
258-112-38-00
258-112-39-00
258-112-40-00
258-112-42-00
258-112-43-00
EXHIBIT"B"
STORM DRAIN EASEMENT
AN EASEMENT FOR STORM DRAIN PURPOSES OVER, UNDER,ALONG AND ACROSS A STRIP OF
LAND 20.00 FEET WIDE LYING WITHIN THAT PORTION OF LOT 4 OF ENCINITAS PLAZA/WESLEY
HOMES, UNIT 1, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO 8116, RECORDED MAY 28, 1975, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY,THE CENTERLINE OF SAID STRIP DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERLY BOUNDARY OF SAID LOT 4, DISTANT THEREON
Nl°57'11"E 216.19 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; THENCE S88°52'51"W
35.01 FEET TO THE BEINNING OF A NON-TANGENT 890.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY,A RADIAL LINE TO SAID POINT BEARS S5°56'28"W;THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE, 445.78 FEET THROUGH A CENTRAL ANGLE OF 28°41'54";
THENCE NON-TANGENT TO SAID CURVE N55012'11"W 66.55 FEET TO THE BEGINNING OF A
100.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE, 59.45 FEET THROUGH A CENTRAL ANGLE OF 34°03'48";THENCE
TANGENT TO SAID CURVE N89°15'59"E 342.07 FEET TO THE POINT OF TERMINUS IN THE
EASTERLY RIGHT OF WAY OF CALLE MAGDALENA AS SHOWN ON SAID MAP 8116.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO BEGIN IN THE EASTERLY
BOUNDARY OF SAID LOT 4 AND TERMINATE IN THE EASTERLY RIGHT OF WAY OF SAID CALLE
MAGDALENA.
CONTAINING 18,975 SQ. FT. MORE OR LESS.
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\ EXHIBIT 'C'
\ STORM DRAIN EASEMENT
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S89015'59"E 342. 07' S 5211
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N52'06'30"W o \
\ 58.28'
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A 34 '03'48"
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' ¢ LOT 4 MAP 81161 II ^�
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INDICATES EASEMENT AREA y II i
18975 S0. FT. +-
PLSA 2524
EXHIBIT "D"
Terms and Conditions for
Grant of Public Drainage Easement
1. The grant of public drainage easement made by the Grantor named in
the easement document for the benefit of the City of Encinitas, hereinafter
Grantee, is for valuable consideration and is subject to the following terms and
conditions. The public drainage easement shall be for a perpetual easement
upon, through, under, over, and across the real property described in Exhibit
A for drainage and for the installation, construction, maintenance, repair,
replacement, reconstruction, and inspection of public storm drain, appurtenant
facilities, and all structures and facilities incidental thereto, and for the flowage
of any waters in, over, upon, and through said easement, together with the
perpetual right to perform grading, to extend embankment slopes beyond the
limits of the dedicated easement as deemed by Grantee, in Grantee's
reasonable discretion, necessary for the construction and maintenance of
facilities within said easement, and to remove buildings, structures, trees,
bushes, undergrowth, flowers, and any other obstructions (collectively,
"Building") interfering with the use of said easement and right- of-way by
Grantee, its successors, or assigns, subject however to provisions 2, 3, 4, and
5, below, and in addition thereto, to remove soil and other materials within said
easement and to use the same in such manner and at such locations as said
Grantee may deem proper, needful, or necessary, in Grantee's reasonable
discretion, in the construction, reconstruction, and maintenance of said
drainage facilities or structures incidental thereto.
2. Grantee acknowledges that the drainage easement is obtained, after the fact
and over an existing storm drain line within the property as described above
in Exhibit A. Building that encroaches upon the new drainage easement shall
remain, until such time as Grantor replaces said items. Grantee shall not
remove any existing Building, or any portion thereof within the new drainage
easement. Grantee requires that future Building does not encroach upon the
new drainage easement, as described in Exhibit B and C, however Grantee will
work in good faith with Grantor to relocate the new drainage easement in the
event of any future Building, if required in Grantor's reasonable discretion.
Existing Building and any portions thereof located in the proposed drainage
easement as described in Exhibit B and C may remain in place in such
easement.
3. Grantor acknowledges that the drainage easement is obtained after the fact and
at the time of this easement grant and acceptance by the Grantee there are
existing private improvements within the easement. Grantor hereby holds the
Grantee harmless for any liability or claims arising from the private use of the
easement or private improvements within the easement.
4. In case of any proposed redevelopment within the property on in the event
that any Building is required to be replaced, Grantee will allow the Grantor to
relocate the drainage easement and storm drain as required by the Grantor.
5. The exact location of the existing storm drain line is unknown. Grantee
hereby allows the easement alignment to be based on the record data.
Grantor agrees to a construction easement 10'-0" from the centerline of the
actual storm drain line.
6. To have and to hold said easement 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.
7. The real property referred to herein and made subject to said easement by
this grant is situated in the City of Encinitas, County of San Diego, State of
California, and is particularly described in the document granting the easement.
8. The Grantors may, at their own risk, use the surface of the above described
real property in a manner that will not unreasonably interfere with or be
unreasonably and materially detrimental to the use of said easement by
Grantee, its successors and assigns, provided no new trees shall be planted
or grown thereon, except to the extent Grantee consents to such new trees,
which consent will not be unreasonably withheld, conditioned, or delayed.
9. The Grantors hereby covenant and agree for themselves, their heirs,
successors, and assigns, that there shall not be constructed upon the above
described real property or within said easement any building or structure of any
nature or kind that will unreasonably interfere with the use of said easement
and right-of-way by Grantee, its successors or assigns, or that will
unreasonably interfere with the ingress or egress along said easement by said
Grantee, its successors or assigns.
10.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. The
Grantee hereby covenants and agrees that after the installation of any pipe
line by it in any excavation made by it in the above described easement and
right-of-way it will backfill any such excavation made by it so as to fill said
excavation as nearly as practicable to the level of the surrounding ground, and will
replace any oiled, asphalt or concrete surface with like material and will replace
any fence removed by it unless the fence unreasonably interferes with the
easement use.
11.This easement may be terminated in accordance with the vacation
procedures in Section 8300 et seq. of the Streets and Highways Code of
the State of California.
12.At time of acceptance of this offer, any and all trust deed(s) and easement(s)
shall be subordinated to the dedication of drainage easement.
13.Grantor agrees that Grantor's duties and obligations under this easement 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 easement.
14.If either Grantor or Grantee is required to incur costs to enforce the provisions
of this easement, 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 easement
the right to enforce this easement against the Grantor.