2017-219850J�
Recording Requested By:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
DOC# 2017 - 0219850
I IIIIII Ilm IIIII IIIII IIII IIIIII IIIII IIIII VIII IIIII IIIII IIIII IIII IIII
May 16, 2017 04:39 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
PAGES 9
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
EASEMENT FOR PUBLIC STREET RIGHT -OF -WAY
APN. 254 - 030 -22 ✓ Grading Plan: 13102 -G
Case No: 15 -121 DRMOI)/CDP
Steven J. Estrada and Lori D. Estrada, 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.
GRA R(S
QJ
Steven J. E rada. Owner
on D. Es rada, Owner
Signature of "GRANTOR(S) "to be notarized.
Attach the appropriate acknowledgments.
� 424
Date
PJ KI L 3D�vD g I I
Date
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,
U94ndlthegrantee consents to recordation thereof by its duly authorized officer.
5110 /17
Robe . Zain Date
Interim 192puty City Engineer
City of Encinitas
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
On M --'C i 20 t'I before me, Lo..nc� /^; ttam �-�crY•.:An, n3p±e.ry f'
(insert name and title of the officer)
personally appeared E"s4rv..=A , o v.cS Loe 7 • ESAN-ot(
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.
CDNNOR ADAM HARRISON
WITNESS my hand and official seal. coA+M. • z�soTSZ
M:Smf i�w
-_
Signature C�^ ^ ^ (Seal)
EXHIBIT "A"
DESCRIPTION OF PROPERTY
PARCEL 1 OF PARCEL MAP NO. 18962, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY MAY 10, 2002 AS FILE NO. 02- 0398639, OFFICIAL RECORDS.
EXHIBIT "B" AND "C" ATTACHED HERETO AND MADE A PART HEREOF.
0 ` L SG
PAUL �L
F�
E. GOEBEL
PAUL E. GOEBEL, PLS 8486
LS 8486
c cr rn� AF DATE:
PASCO LARET SUITER
& ASSOCIATES
PH. 858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO 850
PUBLIC STREET ROW
EASEMENT
SHEET 1 OF 3
EXHIBIT "B"
DESCRIPTION OF EASEMENT
PORTION OF PARCEL 1 OF PARCEL MAP NO. 18962, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY MAY 10, 2002 AS FILE NO. 02- 0398639, OFFICIAL
RECORDS BEING DESCRIBED AS FOLLOWS:
THE NORTHWESTERLY 8.00 FEET OF SAID PARCEL 1 AS MEASURED PARALLEL TO THE
NORTHWESTERLY LINE OF SAID PARCEL.
CONTAINING 580 SQUARE FEET, (0.013 ACRES)
De"
'c
PAUL E. GOEBEL, PLS 8486
2
'
rc .-.k A DATE:
PASCO LARET SUITER
& ASSOCIATES
PH. 858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 850
PUBLIC STREET ROW
EASEMENT
SHEET 2 OF 3
EXHIBIT "C"
PLAT
° AVOCADO STREET N
N
°i (N74 °56'40 "E 72.56') 0
C14
N
°0 HATCHED AREA INDICATES PUBLIC
co STREET RIGHT -OF -WAY EASEMENT, 580 SF.
o
N
LOT 5 I LOT 4 °o PAR.1 8 LOT 2 I LOT 1
MAP 18962 m
vLo
BLOCK F I MAP 2078 0 o BLOCK F I MAP 2078
z z
ROS 15116
(N74 055'26 "E 72.52')
EDGEBURT STREET (MYRTLE STEET)
LEGEND
PROPERTY LINE ADJOINING PROPERTY LINE
RIGHT -OF -WAY LINE ----- ------- EASEMENT LINE
CENTER LINE () RECORD DATA PER MAP NO. 18962
BASIS OF BEARINGS:
NAD 83, ZONE 6 GRID BEARINGS BETWEEN CITY OF ENCINITAS CONTROL POINT NO. 10 AND CITY
CONTROL POINT NO. 51, IE N 79 °33'47" WEST.
PASCO LARET SUITER SCALE = 1" = 60' N PUBLIC STREET ROW
& ASSOCIATES EASEMENT
F
PH. 858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 850 s SHEET 3 OF 3
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 `S-a 1 zn SS.
On 10-701-7 before me, 1 h 1Q]eA (,> S� 1 ypr) Notary Public,
DATE 1
personally appeared 12 C> t ? t,+ -ZG� n z who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s is re subscribed��the within instrument
and ack ged to me thaj/heQ he /they executed the
sa in his er /their authoriz capacity(ies), and that
by his er /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
g' ' A A. SINN E O
Con. 8 2192396
jA E so nwc -wIr wu
c ,as Oh Cow. EvP. WL : 1021 �
PLACE NOTARY SEAL INABOVE SPACE.
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.
NOTARY'S SIGNATURE
OPTIONAL INF - RMXi ION
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 OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S)
❑ ATTORNEY -IN -FACT
F] GUARDIAN /CONSERVATOR
F] SUBSCRIBING WITNESS
Fj OTHER:
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES )
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
RIGHT
THUMBPRINT
OF
SIGNER
F
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