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2016-682745 f DOC# 2016-0682745 Recording Requested By: Dec 13, 2016 04:12 PM OFFICIAL RECORDS City of Encinitas ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER When Recorded Mail to: ) FEES: $ 00 City Clerk ) PCOR: N/APAGES 9 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC PARK MONUMENT SIGN EASEMENT Assessor's Parcel No: 260-640-20J Case #: 16-022 CDP Address: 411 Santa Fe Drive SHERIDAN ROAD, LLC, 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, a Public Park Monument Sign Easement, subject to the terms and conditions 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): Bruce Hochman, Date Managing Partner, Sheridan Road, LLC 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 of4he City Council of the City of Encinitas pursuant to authority conferred by Resol i 1 of he City Council of the City of Encinitas adopted on November 9, 1994 an gran se s to recordation thereof by its duly authorized officer. Z fit All Paul Ma one Date Interim Director of Public Works City of Encinitas EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE ALONG THE NORTH LINE OF SAID SECTION 22, NORTH 890 31' 10" WEST 804.59 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY, MEASURED AT RIGHT ANGLES, 30.00 FEET FROM THE EASTERLY LINE OF RIDGWAY HEIGHTS MAP 2163, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE SOUTH 090 39' 10" EAST ALONG SAID PARALLEL LINE 30.48 FEET TO THE TRUE POINT OF BEGINNING, BEING A POINT IN A LINE WHICH IS PARALLEL WITH AND 30.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID SECTION; THENCE CONTINUING SOUTH 09° 39' 10" EAST 171.34 FEET; THENCE PARALLEL WITH SAID NORTH LINE SOUTH 890 31' 10" EAST, 150.00 FEET; THENCE NORTH 090 39' 10" WEST PARALLEL WITH SAID EASTERLY LINE 171.34 FEET TO SAID LINE PARALLEL WITH AND 30.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 22; THENCE NORTH 89° 31' 10" WEST ALONG SAID PARALLEL LINE 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "B" PUBLIC PARK MONUMENT SIGN EASEMENT LEGAL DESCRIPTION THE SOUTHERLY 10.00 FEET OF THE NORTHERLY 31 .00 FEET OF THE WESTERLY 10.00 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE ALONG THE NORTH LINE OF SAID SECTION 22, NORTH 890 31' 10" WEST 804.59 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT EASTERLY, MEASURED AT RIGHT ANGLES, 30.00 FEET FROM THE EASTERLY LINE OF RIDGWAY HEIGHTS MAP 2163, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE SOUTH 090 39' 10" EAST ALONG SAID PARALLEL LINE 30.48 FEET TO THE TRUE POINT OF BEGINNING, BEING A POINT IN A LINE WHICH IS PARALLEL WITH AND 30.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID SECTION; THENCE CONTINUING SOUTH 09' 39' 10" EAST 171.34 FEET; THENCE PARALLEL WITH SAID NORTH LINE SOUTH 890 31' 10" EAST, 150.00 FEET; THENCE NORTH 09' 39' 10" WEST PARALLEL WITH SAID EASTERLY LINE 171.34 FEET TO SAID LINE PARALLEL WITH AND 30.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 22; THENCE NORTH 890 31' 10" WEST ALONG SAID PARALLEL LINE 150.00 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT BEING A MAXIMUM OF 8.00 FEET IN HEIGHT MEASURED VERTICALLY FROM THE EXISTING GROUND SURFACE. U*o JESSE QUENTIN OWENS Ln L 9285 � CA � EXHIBIT "C" PUBLIC PARK MONUMENT SIGN EASEMENT PLAT SANTA FE DRIVE 20.00' ---r--s-- N8931'10' W150.00' — -r-- -- fill 21.00''->,Q 1000' ----- --�--- 1000' a 1000' } PUBLIC PARK MONUMENT SIGN T EASEMENT GRANTED TO THE CITY OF ENCINITAS HEREON z w POR NW1 /4 , SEC 22, T13S, R4W, SBBM w w APN: 260-640-20 30.00' o n o n Ln i i --- N 8931"10' W 15000' 0 AO EXISRNG 20'ROAD EASEMENT TO THE COUNTY OF SAN DIEGO IJ�D RECORDED MARCH 16, 1929 IN BOOK 1613, PAGE 63 OF DEEDS 6' JESSE © EXIS17NG 10'ROAD EASEMENT TO THE COUNTY OF SAN DIEGO QUENTIN RECORDED JUNE 22, 1955 IN BOOK 5689 PAGE 494 OF OR 0 © EXISRNG 21'ROAD EASEMENT TO THE COUNTY OF SAN DIEGO �� RECORDED APRIL 3, 1967 AS DOCUMENT NO. 45161 L 9285 CA�/�F� �(/yx NOTES 1. BOUNDARY INFORMATION SHOWN HEREON CALCULATED PER GRANT DEED RECORDED DECEMBER 8, 2008 AS DOCUMENT NO. 2008-0626395, OF OR EXHIBIT "D" Terms and Conditions for Dedication of Public Park Monument Sign Easement The dedication or irrevocable offer of dedication made by the Grantor named in this Public Park Monument Sign Easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms, covenants and conditions: Grantor will owe to Grantee no cost, no expense, no duty, no obligation, no contribution and/or no financial obligation or expense whatsoever that arises under or is in regards to this dedication or irrevocable offer of dedication. Grantee will indemnify, defend and hold Grantor, and its representatives, agents, successors, beneficiaries and assigns (collectively, the "Indemnified Parties'), harmless for, from and against any and all claims, demands, actions, causes of action, damages, losses, obligations, liabilities, penalties, encumbrances, costs and expenses (including, without limitation, attorneys' fees and costs), suffered, sustained, incurred or paid by or alleged against any of the Indemnified Parties, directly or indirectly relating to, or arising from, Grantee's use of the Easement Area (as defined below) or the exercise of any of Grantee's rights or obligations set forth in this Public Park Monument Sign Easement. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right-of-way upon, through, under, over, and across the portion of the real property as described on Exhibit "B" attached to this Public Monument Sign Easement (the "Easement Area") solely for a public park monument sign (the "Park Sign") as depicted on Exhibit "C" attached to this Public Park Monument Sign Easement. The City of Encinitas, its staff or agents, may utilize the Easement area to construct, erect, and maintain the Park Sign. Under no circumstances may the Park Sign or the Easement Area be used for any other purpose other than to indicate the location of the public park located in the vicinity of Grantor's real property. Grantee shall at its sole cost and expense maintain the Park Sign in good condition and repair. In the event that Grantee does not maintain or repair the sign within sixty (60) days from receipt of written notice to maintain or repair from Grantor, and the lack of maintenance could result in health and safety, or visual blight for Grantor's property and its customers, the Grantor may repair and maintain the sign after providing written notice to the Grantee thirty (30) days before making said repairs and maintenance. Grantee shall reimburse Grantor for all costs incurred by Grantor in making such required maintenance or repairs no later than sixty (60) days from Grantor's written request for reimbursement, subject to funding approval of City Council. Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter grow), located within the Easement Area, together with the right to use the same in such manner and at such locations within the Easement Area as Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said Park Sign. 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. The termination and abandonment may be made by the Grantee. This dedication or offer of dedication shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees, and assigns of the respective parties. 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 without limitation reasonable attorney's fees, from the other party. Grantor or Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication. The Grantor or Grantee intend this Dedication of Park Monument Sign Easement to be legally binding upon and shall inure to the benefit of each of them and their respective successors, assigns, executors, administrators, heirs and estates. This dedication or irrevocable offer of dedication constitutes the entire agreement and understanding of Grantor or Grantee and supersedes all prior negotiations and/or agreements, proposed or otherwise, written or oral, concerning the subject matter hereof. Furthermore, no modification of this dedication or irrevocable offer of dedication shall be binding unless in writing and signed by each of Grantor and Grantee. This dedication or irrevocable offer of dedication is made and entered into within and shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of California, without regard to the principles of conflicts of laws. This dedication or irrevocable offer of dedication may be executed by Grantor and Grantee in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Prior to the construction of the Park Sign the Grantee shall apply for a Permanent Sign Permit, and shall notify the Tenant and Grantor of the application. The Grantor will then have the opportunity to formally comment on the design of the Park Sign. 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 Calif rnia ) County of.�n 0 ) /� On ���((o before mYYv/C1171t! o/Y 14fC662) G U�IC Date / � Here Insert Name and Title of e Officer personally appeared 8"716 ,f 1-7(jC171Vta0 Names) of Signers) 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. Comm Y PUBLIC LIFO 8 V NOTARY PUBLIC-CALIFORNIA G (% SAN DIEGO COUNTY SignatureZ1. 'Z Comm Exp2s pay 9,2019 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 Pi bbr niirkI'Verun erif ECSt"nbocument Date: Iz 2-01(o 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 — I II Limited - General Individual -Attorney in Fact - Individual -1 Attorney in Fact Trustee - Guardian or Conservator Trustee Guardian or Conservator Other: - Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907 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 San On �ZI -2 before me,st 01' rb LA,). U + ' Date ^ Am^ Here Insert Name and Title of the Officer personally appeared 111/ 4100 Q- 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 m hand and official seal. >+ Commission No.2067518 0 v NOTARYPUBLIC-CALIFORNIA m } SAN DIEGO COUNTY Signatur j Commission Expects 1 -9,2018 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:Pwbllc YYQ/k-Akhu lhy S (n&06M&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 — h Limited General - Partner — C Limited General Individual L Attorney in Fact Individual C Attorney in Fact -Trustee C Guardian or Conservator - Trustee ❑ 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