2017-219895F/
Recording Requested By:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
DOC# 2017 - 0219895
11111111111 VIII VIII IIII illlll VII I Iltll VII I VIII VIII VIII I III II II
May 16, 2017 04:58 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
DOCUMENT TRANSFER TAX:
EASEMENT FOR PUBLIC STREET RIGHT -OF -WAY
APNs: 260-412-17,18, & 19✓ Permit #: 13169 -G
Address: 464 Chesterfield Dr. Case #: 14 -168 DR/CDP
Helvetica Chesterfield 22, 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, 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" acid "C" ATTACHED HERETO AND MADE A PART HEREOF.
R(S):
0 q4s )
Ker.anAg& Date
Chesterfield 22, LLC.
Signature of "GRA NTOR(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 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,
1 4 and the grantee consents to recordation thereof by its duly authorized officer.
5JI0117
oert o Dte
Interim eputy City Engineer
City of Encinitas
EXHIBIT "A"
DESCRIPTION
LOT 19, LOT 20, LOT 21, LOT 22, LOT 23 AND LOT 24 IN BLOCK 41 OF CARDIFF "A" IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1334, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1911.
APN: 260 - 412- 17 -00, 260 - 412- 18 -00, 260 - 412 -19 -00
PAUL �L
E. GOEBEL
P&L-E. GOEIBEL, PLS 8486
LS 8486
S/ Z ('ZOI'f
rr -. l \F DAT�T
PASCO LARET SUITER
-
&A SSOCIATES
PH. 858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO 2232
PUBLIC ROADWAY
DEDICATION
SHEET 1 OF 1
EXHIBIT "B"
DESCRIPTION
THAT PORTION OF LOT 24 IN BLOCK 41 OF CARDIFF "A" IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1334, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1911, BEING DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 24; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LOT SOUTH 59 °21'58" WEST 20.00 FEET TO THE BEGINNING OF A
NON - TANGENT 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY (A RADIAL TO WHICH POINT
BEARS NORTH 30 °38'02" WEST); THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 89 °59'29"
31.41 FEET ALONG THE ARC OF SAID CURVE (A RADIAL TO WHICH POINT BEARS NORTH 59 °22'29"
EAST); THENCE DEPARTING SAID CURVE ALONG THE NORTHEASTERLY LINE OF SAID LOT
SOUTH 30 °37'31" EAST 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 86 SQUARE FEET (0.002 ACRES)
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
PAUL r
E. GOEBEL
PAUL E. GOEBEL, PLS 8486
LS 8486
`P
rr F DATE:
PASCO LARET SUITER
- & ASSOCIATES
PH. 858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO 2232
PUBLIC ROADWAY
DEDICATION
SHEET 1 OF 1
EXHIBIT "C"
PLAT
LOT 31 LOT 18
7.5'17.5' N 59 °1943" E 99.93_ 20 20
LOT 30 LOT 19
LOT 29 LOT 20
0
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z
1 N L N
LOT 28 _
LOT 21 °n
Y
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Q
LOT 27 1 o a LOT 22 G �?
z z
LOT 26 LOT 23
I �
LOT 25 7.5'7.5' LOT 24 / 20 20'
N 59021'58" E 99.92' \ /
CA
N ` i
— CHESTERFIELD DRIVE-
04 SEE SHEET NO. 3 FOR DETAIL
LEGEND
RIGHT -OF -WAY LINE — LOT LINE
CENTER LINE PUBLIC ROADWAY DEDICATION
SCALE= 1" = 30' H PUBLIC ROADWAY
PASCO LARET SU DEDICATION
- &ASSOCIATES E = ASSOCIATES F
PH. 858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2232 s SHEET 1 OF 2
EXHIBIT "C"
PLAT
-
-
N
O
LOT 23
0
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Z
Y
U
O
J
m
- -
d
- - - - -
- - - - - - -
N 59 °22'29" E JRL
O
Z
a
LOT 24
ZI
20.00'
-J� N 59 °21'58" E 99.92'
POB
HATCH INDICATES PUBLIC
ROADWAY DEDICATION
NpL LANp
S
PAUL
a E. GOEBEL
LS 8486
9TF
LEGEND
CALIF
RIGHT -OF -WAY LINE
LOT LINE
CENTER LINE
PUBLIC ROADWAY DEDICATION
PASCO
LARET SUITER
=
SCALE= 1" 10'
ti
/f
PUBLIC ROADWAY
DEDICATION
-
& ASSOCIATES
PH. 858.259.8212 1 PLSAENGINEERING.COM
PLSA JOB NO. 2232
F
s
SHEET 2 OF 2
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 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 14 I a $'ad 14
before me,
W Darling, Notary Public
(insert name and title of the officer)
personally appeared C U.-,d VV \ e- % � \ 2 k-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is re
bscribed to the within instrument and acknowled ed to me th he she /they executed the same in
his %her /their authorized capacity(ies), and that b is her /their signature(s) on the instrument the
rson(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.
WITNESS my hand and official seal. W. DARLING
Q CpMM. F 2713317
NornRr Ptic • G3LWORNIAp
sa+ oJECO couNTr A
COMM. EXPIRES JUNE 22, 2919 �
Signature (Seal)
ALL - PURPOSE ACKNOWLEDGMENT
I.
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 `�)n l C' p SS.
On I C " 26' 1 before me, "! iJ 6, M611 Notary Public,
DATE
personally appeared Robe t' \— D % c� % n& who proved to me on the
basis of satisfactory evidence to be the persons) whose name(s i are subscribed t the within instrument
and acicn w edged to me thi e/ e /they executed the
sam is er /their author and that
by is her /their signature(s) on the instrument the
per n(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
14A N 2
f LA SY9O6 N
.823
N
PLACE NOTARY SEAL IN ABOVE 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.
AT��1
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)
INDIVIDUAL
CORPORATE OFFICER
PARTNER(S)
ATTORNEY -IN -FACT
GUARDIAN /CONSERVATOR
SUBSCRIBING WITNESS
OTHER:
TITLES)
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
OTHER
RIGHT
THUMBPRINT
OF
SIGNER
LLEY- SIERRAINSURAFCE
APA012015 NOTARY BONDS. SUPPLIBS AND FORMS XT[ IT FP:, WWW. VALLEY- SIERRA.COM 132005- 2015VA