2016-682748 DOC# 2016-0682748
Recording Requested By:
Dec 13, 2016 04:14 PM
RECORDS
City of Encinitas ) Erne tlJ l Dronenburrg, Jr.,
SAN DIEGO COUNTY RECORDER
When Recorded Mail to: ) FEES $PCOR: N//A A
City Clerk ) PAGES 10
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
1�^0�(� EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
V
A.P.N.: 258-273-02 Building Permit: 16-649
VV Address: 1015 Gardena Road
RONDI KIM PRESCOTT AND RICHARD JOHN PRESCOTT, HUSBAND AND WIFE AS
JOINT TENANTS, 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):
Qn AM q AtO C
Rondi Kim Prescott, Owner Date
n o Date
Sign ure 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,q the City Council of the City of Encinitas pursuant to authority conferred by
Res ut' n 4-107 of the City Council of the City of Encinitas adopted on November 9,
19 d t r to consents to recordation thereof by its dul au orized officer.
Z 12 l�
Paul M61ohV V Date
Interim Director of Public Works
City of Encinitas
Consent of Lien Holder
Wells Fargo Bank, N.A., ("Lien Holder"), is the current holder of a Mortgage /Deed of
Trust dated June 25, 2014 as recorded in Instrument No. 2014-0272854, hereby
consents to the grant of the foregoing Dedication for Public Right-of-Way Easement
dated October 12, 2016 and signed by Rondi Kim Prescott and Richard John Prescott to
City of Encinitas and joins in the execution hereof solely as Lien Holder and hereby does
agree that in the event of the foreclosure of said mortgage, or other sale of said property
described in said mortgage under judicial or non-judicial proceedings, the same shall be
sold and the same is hereby deemed to be sold subject to said Easement
SIGNED AND EXECUTED this 2 Ct day of November 2016
Wells Fargo Bank, N.A. o
L ra E. Valentine,
Vice President
STATE of Maryland
COUNTY of Frederick
BEFORE ME, the undersigned authority, on this day personally appeared Laura E.
Valentine, Vice President, of Wells Fargo Bank, N.A. known to me to be the person and
Officer whose name is subscribed to the foregoing instrument and who acknowledged to
me that he/she executed the same for the purposes and consideration therein
expressed, in the capacity therein stated, as the act and deed of said Bank.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
day of November 2016.
i Pp6LRC :.N a
T':,coMM��RES. Notary Public State of Maryland
q P�:..w15020 •'�= Audrey Stine Phillips
oc�'/CK GO\5 My commission expires: 8-15-2020
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
LOT 1, IN BLOCK J OF AVOCADO ACRES NO. 5, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2130, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 19, 1928. EXCEPTING THEREFROM THE
NORTHERLY 82 FEET 10 INCHES MEASURED PARALLEL WITH THE NORTHERLY
LINE OF SAID LOT.
EXHIBIT SAW$
GARDENA ROAD - STREET DEDICATION
APN 258-273-02
LEGAL DESCRIPTION
THE WESTERLY 8.00 FEET OF LOT 1, IN BLOCK J OF AVOCADO ACRES NO. 5, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 2130, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPTEMBER 19, 1928. EXCEPTING THEREFROM THE NORTHERLY 82
FEET 10 INCHES MEASURED PARALLEL WITH THE NORTHERLY LINE OF SAID LOT.
OF CA1.�E�\!
RAMON L. . 6404 DA E
EXHIBIT " c "
I
MELBA ROAD
0
N
' o I
Of o co
I
00
0
p 20' 20'
Q 8' APN 258-273-02
Q
28'
a a POR. LOT 1 0 0�
d 40' a
LOT 1 �o
LOT 2 Q°
oo I
w
Cl
30'
o
a
I
LEGEND ���� SAND
® PUBLIC STREET EASEMENT GRANTED HEREON n RAMON J. SPEAR
. 6404
N � P
9
OF CA�`F
2 �(o
SCALE 1"=40' DATE: Z t
15-237PLAT
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 So-n N eqIC) SS.
On In— r2. — VIn 1 IP before me, ))) 1�C\6& S P M O Yl Notary Public,
DATE
personally appeared Re,0X k6 m PI_?'-_)C6+t + V(Wtlo proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to the wiIhm Instrument
and acknowledg e that he/she/ elxecuted the
same in his/h eir thorized capaclty(ies), and that
by his/her/ eir gnature(s) on the instrument the
person(s), or e entity upon behalf of which the
person(s) acted, executed the instrument.
�Mmy ANGELA A. SIMGN
COMM.t 2009314 I/ I certify under PENALTY OF PERJURY under the
NOTARY PUBLIC CAbEORN1A N
SAN mew COUNTY
COPY EAP.MAR.20 1 — laws of the State of California that the foregoing
.
paragraph is true and correct.
WITNESS my hand and official seal.
'LG
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 OFATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT
PARTNER(S) TITLE(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 ENTITYCIES) t
OF
SIGNER =
APA 0 12015 NOTARYBONDS.SUPPLIESAND FORMS AT HTTP'n WWW.VALLEY-SIERRA.COM 4'2005-2015 VALLEY-SIERRA INSORANCE
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 Jan Ule )
On before me,,34M LV W .M6 W, ill
Date n �a Q^ Here Insert Name and Title Officer
personally appeared /7/ h I
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.
;i Canmssim No.4087518 �
NOTARY PUSLIC 111L ORNIA
SAN DIEGO COUNTY
CWxni"WEVMMg9,40te Signatur
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 6
Title or Type of Document: 5dS�� 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:
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