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2017-359107 .� DOC# 2017-0359107 111111 lllil 11111 11111 1111 111111 11111 11111 11111 11111 11111 11111 1111 1111 Recording Requested By: ) Aug 08, 2017 04:57 PM OFFICIAL RECORDS City of Encinitas ) Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES. $0.00 When Recorded Mail to: ) City Clerk ) PAGES 8 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: $0.00 IRREVOCABLE OFFER OF DEDICATION: EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY V ( APN: 258-111-18 Grading Plan: 13322-G/I Case No: 15-292 TPM/DR/CDP Land Holdings, 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 " " and "C" ATTACHED HERETO AND MADE APART HEREOF. GRANTOR(S): 9p, 7_ 7 Robert A. Mue er U Date for The RMCI Group, Inc., Managing Member of Land Holdings, 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 REJECTED by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution 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. The IRREVOCABLE OFFER OF DEDICATION shall remain open indefinitely and shall be subject to future acceptance by the City of Encinitas. rank Belock Date Interim City Engineer City of Encinitas EXHIBIT "A" IRREVOCABLE OFFER OF DEDICATION PROPERTY LEGAL DESCRIPTION BEING A PORTION OF THE SOUTHERLY 180 FEET OF THE NORTHERLY 950 FEET OF THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881. JAND 86 AP,fAAND A. MAROIS DATE \ %S 5941 ARMAND A. 'A 1 MAROIS PLS 5941 OF cpx, EXHIBIT "B" IRREVOCABLE OFFER OF DEDICATION BEING A PORTION OF THE SOUTHERLY 180 FEET OF THE NORTHERLY 950 FEET OF THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHERLY 180 FEET OF THE NORTHERLY 950 FEET OF THE EAST HALF OF THE EAST HALF OF NORTHEASTERLY QUARTER OF NORTHWESTERLY QUARTER OF SAID SECTION 15; THENCE SOUTH 89 028'24" EAST, 139.38 FEET ALONG THE SOUTH LINE OF SAID SOUTHERLY 180 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE, NORTH 02 054'28" EAST, 11.67 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 46.00 FEET,A RADIAL BEARING TO SAID CURVE BEARS, SOUTH 40 024'11"WEST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 74°59'26", AN ARC DISTANCE OF 60.21 FEET; THENCE NON TANGENT TO SAID CURVE, SOUTH 02°54'28"WEST, 9.34 FEET TO THE SOUTH LINE OF SAID SOUTHERLY 180'; THENCE ALONG SAID SOUTH LINE, NORTH 89°28'24"WEST, 56.05 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 225 SQUARE FEET MORE OR LESS. EXHIBIT "C"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. / 1 ND L AR AND A. MAROIS DATE P S 5941 ARMAND A. 1 MAROIS PLS 5941 l / 0 F CAL���/ EXHIBIT C IRREVOCABLE OFFER OF DEDICATION CITY OF ENCINITAS TPM 15-292 LEGEND: POC = POINT OF COMMENCEMENT TPOB =TRUE POINT OF BEGINNING (R)=RADIAL 50 0 50 V IRREVOCABLE OFFER OF DEDICATION (225 S.F.) SCALE 1"= 50' , MAP NO. 14944; LOT 3 / LOT 7 CITY OF ENCINITAS TPM 15-292 PARCEL 1 APN 258-111-18 I PARCEL 3 THE SOUTHERLY 180 FEET OF THE NORTHERLY 950 FEET OF THE EAST 1/2 OF THE EAST 1/2 OF OF NE 1/4 OF NW OF SEC. 15, T1 3S, R4W, SBM L�L<=)j PARCEL 2 PARCEL 4 POC �SW CORNER x,4'775 i� SOUTH LINE OF — S'LY 180 FEET LL2 S89°28'24"E 139.38' TPOB L3 CURVE TABLE CURVE ILENGTHI RADIUS I DELTA C1 60.21' 1 46.00' 74"59'26" LINE TABLE LLI LINE BEARING DISTANCE w w L1 NO2 054'28"E 11.67' SEACREST >u1 CO j L2 NO2°54'28"E 9.34' 5 z WAY UQ J L3 N89028'24"W 56.05' O U �� a `Y A D . MAROI Q o LAND y P . 5941 ir A bN�,Inc. A. xaxors l Ti`s B�VO *� IS 5941 /* land planning, civil engineering, surveying ® i e 5115 Avenida Encinas VICINITY MAP ' aT�__,�4£' Suite L NO SCALE 'e °�P Ceti Carlsbad, California 92008-4387 760 931-8700 W0:632-1367-400 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. 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 y� ) County of ✓) n ' On 9"8' �1 before me, 11t 1Qe�() A, ( 1N, }IC11 lour IC- Date II ,, He the Insert Name and Title f Offic personally appeared 'Fca I� I IOC Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be erson(s) whose names) is re scribed to the within instrument and ackn�ged to me tha he he/they executed the same in his/ er/their authorized capacity(ies), and that b his/ er/their signature s)on the instrument the person(s), the entity upon behalf of which the person(s) ed, 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 MMA A glyph WITNESS my hand and official seal. IQ B Q w cup N 0=0 &Cam Ev_VA.},m}1 Signature Si nature 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: 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 — El Limited C General . Partner — El Limited C General ❑ Individual ❑Attorney in Fact - Individual ❑Attorney in Fact Trustee El Guardian or Conservator Trustee Guardian or Conservator ❑ Other: Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907