2017-334948 w,
DOC# 2017-0334948
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J Recording Requested By: ) Jul 25, 2017 03:34 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES: $0.00
When Recorded Mail to: PcoR: N/A
) PAGES: 10
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
DOCUMENT TRANSFER TAX:
EASEMENT FOR PUBLIC ACCESS
�V•\l\^ A.P.N.: 261-094-07J Permit#: 13126-G
V Address: 2341 Cambridge Ave. Case #: 15-262 CDP,
15-263 CDP, 16-005 CDP
Hallmarc LP, a Nevada Limited Partnership, 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
Access, subject to the terms and conditions set forth in 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): —7
L
Marc Lantzman, Manageri Date
for Hallmarc, LP
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 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 an� the grantee consents to recordation thereof by its duly authorized officer.
rank Belock Date
Interim City Engineer
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN
DIEGO, AND DESCRIBED AS FOLLOWS:
LOTS 37, 38 AND 39 IN BLOCK 12 OF CARDIFF, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 14, 1910.
ASSESSOR'S PARCEL NUMBER: 261-094-07-00
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020601
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EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT
THE EASEMENT FOR PUBLIC ACCESS GRANTED TO THE CITY OF ENCINITAS, STATE OF
CALIFORNIA IS PARTICULARLY DESCRIBED AS FOLLOWS:
BEING THAT PORTION OF LOTS 37, 38 AND 39 IN BLOCK 12 OF CARDIFF, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298.
THE ROUTE OF SAID EASEMENT FOR PUBLIC ACCESS ACROSS THE AFORESAID LANDS SHALL BE
LOCATED WITHIN THE EASTERLY THREE (3) FEET OF SAID LOTS 37, 38 AND 39 IN BLOCK 12 OF
CARDIFF.
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EXHIBIT "C"
PLAT OF EASEMENT
I I I MAP 1298 I
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ALLEY n
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S30'38'36'E 75.00 '�
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3.0' EASEMENT
I FOACCESS C
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41 1 40 39 38 37 36 35
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25.00' 1 25.00' 25.00'
S30'50'32'E 75.00'
Q CAMBRIDGE AVENUE
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OFCAL
EXHIBIT "D"
Terms and Conditions for
Dedication of Easement for Public Access
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of the public access 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 access by all
modes of transportation 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 public
access easement 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 access easement
conveyed by the dedication or offer of dedication by reason on the location,
construction, landscaping, or maintenance of said public access easement.
Grantor for himself, his successors and assigns, hereby agrees to maintain the public
access easement area in perpetuity in a manner that will ensure continued safe public
access. Said easement area shall be uninterrupted by landscaping or other physical
obstructions to access.
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 access easement.
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 7-10-17 before me, Robert H. McCracken IV, Notary Public
(insert name and title of the officer)
personally appeared Marc Lantzman
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.
WITNESS m hand and official seal. OP3 ROERT MYCC8ACIDR IV
y COMIC/2tAUFOR xoTNi1NWL•CWFORNA N
Sa Drcm C .,
Comm,En.".28,2021
L
Signature (Seal)
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 -,rk N h i (o c C) ) 11
On �r1�—ZDI—► before me, Ae MOn (Jc6y�r C IC ,
Date _ Here Insert Name an Title of the fficer
personally appeared iP(-C,Y � �Q�CC'K_
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to bet person(s) whose name(s) are
scribed to the within instrument and ackno ged to me that tei ) is she/they executed the same in
/her/their authorized capacity(ies), and that by ii er/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.
. ANGFJa A SI40N WITNESS my hand and official seal.
CM.#1182396
W d c ■orwn iueuc•oarar� 4 �JL YZ l!�_
Cmurw� Signature
w car.u►.la 2'IM
..... A ignature of Notary Public
,. ANGELA A SIYON
Place Notary Seal Abo
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
C 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 i Trustee ❑ Guardian or Conservator
Other: Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
CERTIFICATION PURSUANT TO GOVERNMENT CODE SECTION 27361 .7
Place of Execution
I certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
,17/
Date Signatfrof Declarant
Type or Print Name
4,94
Recorder Form AR9
I