2017-277757a
Recording Requested By:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
DOC# 2017 - 0277757
Jun 20, 2017 03:40 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
PAGES 10
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
EASEMENT FOR PUBLIC STREET RIGHT -OF -WAY
Assessor's Parcel No: 256 - 251 -15 Building Permit #: 16 -2896
CHRIS DANKBERG AND TARA TETER DANKBERG, 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):
% 6m _
C nkberg, Owner
.C/A"
Tak Teter bankberg, •�
VIT41'�
Date
3
Date
Signature of "GRANTOR(S)" to be notarized.
Attach the appropriate acknowledgments.
PLEASE SEE ATTACHED
CALIFORNIA
0 JURAT
ACKNOWLEDGEMENT
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 consents to recordation thereof by its duly authorized officer.
G /y '12
F r&k Belock Date
Interim City Engineer
Department of Development Services
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION
Real property inthe City of ENCINITAS, County of San Diego, State of California. describedas
follows
ALL THAT PORTION OF LOT 1 IN BLOCK "B" OF SOUTH COAST PARK ANNEX, IN THE
CITY OF ENCINITAS. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1788. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 29, 1924, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO LOTS 1, 2 AND 10 OF SAID BLOCK "B ",
THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 NORTH 74 °16'30" EAST, 38.10
FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHEASTERLY LINE
OF LAND DESCRIBED IN PARCEL 1 IN DEED TO MILO L. RIEKE, ET UX, RECORDED
JANUARY 23, 1948 AS DOCUMENT NO. 7230, IN BOOK 2628, PAGE 143 OF OFFCIAL
RECORDS, SOUTH 28 °56'50" EAST, 86.02 FEET; THENCE EASTERLY IN A STRAIGHT LINE
TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1. DISTANT THEREON SOUTH
15'43'30" EAST, 76.67 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 1;
THENCE ALONG SAID NORTHEASTERLY LINE NORTH 15 °43'30" WEST, 76.67 FEET TO
THE NORTHEASTERLY CORNER OF SAID LOT 1: THENCE ALONG THE NORTHERLY LINE
OF SAID LOT 1,SOUTH 74'16'30" WEST, 137.33 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO LOTS 1, 2 AND 10 OF BLOCK "B" OF SAID
SOUTH COAST PARK ANNEX; THENCE RUNNING NORTH 74 °16'30" EAST,38.10 FEET
ALONG THE COMMON BOUNDARY LINE OF LOTS 1 AND 10 OF SAID BLOCK "B ", THENCE
ALONG THE NORTHEASTERLY LINE OF THE LAND DESCRIBED UNDER PARCEL 1 IN
DEED TO MILO L. RIEKE AND ANNABEL DEKLOTZ RIEKE, HUSBAND AND WIFE,
RECORDED JANUARY 23, 1948 AS DOCUMENT NO. 7230, N BOOK 2628, PAGE 143 OF
OFFICIAL RECORDS, SOUTH 28 °56'50" EAST 164.35 FEET TO THE SOUTHWESTERLY
CORNER OF LAND DESCRIBED IN DEED TO BETTY MCCOWAN, RECORDED FEBRUARY
13, 1957 N BOOK 6455, PAGE 27 OF OFFICIAL RECORDS; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID MCCOWAN LAND, NORTH 74 °51'00" EAST 99.74 FEET TO
A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1 DISTANT THEREON 161.00 FEET
SOUTHERLY FROM THE NORTHEASTERLY CORNER OF SAID LOT: THENCE ALONG THE
NORTHEASTERLY LINE NORTH 15 °43'30" WEST 84.33 FEET TO THE NORTHEASTERLY
CORNER OF SAID LAND; THENCE SOUTH 70 °49'50" WEST ALONG SAID LAND'S
NORTHWESTERLY LINE 73.33 FEET TO THE TRUE POINT OF BEGINNING: THENCE
RETRACING NORTH 70 °49'50" EAST, 73.33 FEET; THENCE ALONG THE NORTHEASTERLY
LINE OF SAID LOT 1, NORTH 15 °43'30" WEST 0.67 FEET; THENCE WESTERLY IN A
STRAIGHT LINE TO A POINT WHICH BEARS NORTH 19 °10'10" WEST 4.08 FEET FROM THE
TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A TANGENT 5.00
FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY: THENCE SOUTHWESTERLY ALONG SAID CURVE TO ITS
INTERSECTION WITH SAID NORTHWESTERLY LINE OF MCCOWAN'S LAND: THENCE
NORTH 70 °49'50" EAST ALONG SAID LINE TO THE TRUE POINT OF BEGINNING.
APN: 256- 251 -15 -00
EXHIBIT `B"
Real property in the City of ENCINITAS, County of San Diego, State of California, described as follows:
ALL THAT PORTION OF LOT 1 IN BLOCK "B" OF SOUTH COAST PARK ANNEX, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. MARCH 29, 1924,
FURTHER DESCRIBED AS FOLLOWS:
THE EASTERLY 3 FEET OF ALL THAT REAL PROPERTY AS DESCRIBED IN EXHIBIT "A ", PARTICULARLY
THE LAND AS DESCRIBED IN DEED TO CHRIS DANKBERG AND TARA TETER DANKBERG, HUSBAND
AND WIFE, AS JOINT TENANTS, RECORDED AUGUST 21, 2013 AS DOCUMENT NO. 2013 - 0523420 OF
OFFICIAL RECORDS
A.
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EXHIBIT "C"
PLAT OF EASEMENT
NOTE: BEARINGS AND DISTANCES SHOW ON THIS
PLAT ARE BASED ON RECORD DATA PER SUBDINSION MAP 1788,
AS SHOMN ON RECORD OF SE#?VfY 1347, RECOROM.- OCTOBER 7, 1948
AS RLE NO 108182
MAP 1788 \ \
BLK "13" C)
LOT 10
LOT 1
13� 33'
3' PUBLIC RIGHT OF WAY EASEMENT
»W
S3i �
.» W
MAP
BLK
1788
"B "
3
-C
m
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N
Z
C
BOUNDARY FOR THIS PLAT PER LEGAL DESCRIPTION FOR THE GRANT
DEED TO PROPERTY DOCUMENT 2013 - 0523420 REC AUG 21 2013 A:
DESCRIBED PER EXHIBIT "A" AND EXHIBIT "B" AS SHOWN HERE014e
LEGAL DESCRIPTION
A POR770V OF LOT I N BLOC'( 'B'
OF SOUTH COAST PARK ANNEX
ACCORONG R/ MAP NO 1788
RECORDED MARCH 29, 1924.
GRANTOR PROPERTY•
LEGAL PER EXHIBIT A'
AREA OF EASEMENT
DESCRIPIION PER EXHIBIT Ag'
PREPARED BY:
Aa, (,*"ow
GREGORY( CAUDAL, LS - 8253 DAZE
009M EXPNES 12 -31 -17
G.A.C. ENGINEERING and LAND SURVEYING
27475 YNE ROAO B , TEMECUL CA 92591
Voice: 760.5994869 Email: gca ill.gacQagm &com
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.
ACKNOWLEDGMENT
A nopublic or other officer completing this
certi verifies only the identity of the individual
who d the document to which this certificate is
and not the truthfuln ess, accuracy, or
alidthat document.
State of California ^
County of 51,22 .
On M ate I t�, Zo before me, Q r ,V-d / I a Z e, Y wc, Notary Public.
(insert name and title of the officer)
personally appeared -751,A %tz e- 6 a � k L, A r 1-'I�ei )2�0 k,.e / QCj g Vi
who proved to me on the basis of satisfactory evidjdnce to be the person(s) ose name(s)
subscri the within instrument and acknowledged to m hat he/she#fiey executed the same in
his /he heir uthorized capacity(ies), and that'by his/her/ eir ignature(s on the instrument the
person or the entity upon behalf of which the persons cted, 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. A
WITNESS my hand and official seal.
Signature
®111"rP a R0 em
wMUM0 am"
(Seal) eft 1611IM11
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 SS. �Yl � �l J
On 20 - 7_0 �`► before me, t'� (I�ICk S' �C f� Notary Public,
DATE
personally appeared V7t-r n K L� OC\-< who proved to me on the
basis of satisfactory evidence to be the person(s) whose names is/ re subscribed the within instrument
and ack ged to me th he he /they executed the
sa his er /their authoriz capacity(ies), and that
b4 hi /h their signature(s) on the instrument the
pe n(s), or the entity upon behalf of which the
_ ANGELA A. 61MON person(s) acted, executed the instrument.
r
C FW 21eY396
r 0°�sSM Dow � I certify under PENALTY OF PERJURY under the
w Can. ED. *A.! = laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
rjx,Lo O'� a Q - -
PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'SSIGNATURE
OPTIONAL INFORMAT ON
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)
INDIVIDUAL
CORPORATE OFFICER
PARTNER(S) TITLE(S)
ATTORNEY -IN -FACT
GUARDIAN /CONSERVATOR
SUBSCRIBING WITNESS
OTHER:
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
RIGHT
THUMBPRINT
OF
SIGNER
APA012015 NOTARY BONDS. SUPPLIES AND FORMS AT IITTPc WWW .VALLEY- SIERRACOM 02005 -2015 VALLEY- SIERRA INSURANCE
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary
Commission Number: Date Commission Expires:/ ,
County Where Bond is
Manufacturer or Vendor Number:_
(Located on both sides of the notary seal border)
Signature: JA
Or
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Pace of Execution: Ao�4�2� Date: / h-V/ /✓
ReC Fo #R1o.1 (Rev. Nt IMI