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2017-508345 DOC# 2017-0508345 Recording Requested By: ) n Oct 31, 2017 04:04 PM OFFICIAL RECORDS City of Encinitas ) Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER When Recorded Mail to: FEES: $ ) PCOR: N/A City Clerk ) PAGES. 9 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 STREET RIGHT-OF-WAY APN: 260-072-28✓ Grading Plan: 13297-G Case No: 16-257 CDP l� The 417 Warwick Ave, LLC A California Limited Liability Company, 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): /O-/o /p Ja A. Cutri, Manager Date We 417 Warwick Ave, LLC. Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. 4 CERTIFICATE OF 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 October 10, 2017, before me, A. Sealover, Notary Public, personally appeared 7'e 'Q-S N. , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. A SEA-00 i CanrNa w 0.2078607 _ NOTARY PUBLIC-CALIFORNIA SAN MEW COUNTY Signature Commission Expires August 18,2018 (Seal) 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. <, A) 3o-a0/ - Christoph r L. Magdoskuf Date City Engineer Development Services Department City of Encinitas EXHIBIT "A" LEGAL DESCRIPTION THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 2 OF RIDGE WAY HEIGHTS ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 3, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT, THENCE ALONG THE WESTERLY LINE THEREOF NORTH 11°17'50" WEST 100.27 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT NORTH 78 042'10" EAST 361.84 FEET TO THE EASTERLY LINE OF SAID LOT; THENCE ALONG SAID EASTERLY LINE SOUTH 10 010'00" EAST 100.29 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 78 042'10" WEST 359.86 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHERLY 85.00 FEET OF THE WESTERLY 118.00 FEET THEREOF. APN: 260-072-28-00 s L No.7eBa EXHIBIT "B" EASEMENT LEGAL DESCRIPTION THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 2 OF RIDGE WAY HEIGHTS ACCORDING TO MAP THEREOF NO. 2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 3, 1929, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2, SAID POINT BEING ON THE EASTERLY LINE OF RUBENSTEIN AVENUE HAVING A HALF- WIDTH OF 25.00 FEET, THENCE ALONG THE WESTERLY LINE OF SAID LOT 2 NORTH 11 017'50" WEST 15.27 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT NORTH 78 042'10" EAST 2.00 FEET; THENCE PARALLEL TO THE WESTERLY LINE OF SAID LOT SOUTH 11 017'50" EAST 15.27 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT; THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 78 042'10" WEST 2.00 FEET TO THE POINT OF BEGINNING. NW06?w CA EXHIBI T "C" PL T OF EASEMENT I APN: APN 260-072-07 '1 : 260-072"06 1 yap N18'4210"E 243.84' Z 1 CI7 ° W APN: 260- 072-28 m APN 260-072-27 LOT 2 Q1 � L07 3 25.00' 25.00 118.00 APN: 260- I N78'42'10 N7B'E 42'10"E 359.86' 072-33 1 \ �SEE DETAIL A' 1 0 60 �Q, APN: 260-072-32 SCALE: 1" = 60' 1 2.00' 1 N78-42'10"E . 116.00' N78-42�10 NJ8' E o Q 27.00 LOi 2 N z 3 3 APN: 260-072-28 1 w o C) , I I o �] N78'4210'E 357.86' w 1 N78'42'10 E 1.00' 1 POB 1 LEGEND DETAIL "A" 17 2' WIDE EASEMENT FOR PUBLIC STREET \�NPL LANp S RIGHT OF WAY GRANTED TO THE CITY ' DNS L. S GAG OF ENCINITAS HEREON jV 018 No. 765 JN: 16-IJI 525.17 NOTS' SSAMPO m ENGIN EERING. INC. 1. BEARINGS AND DISTANCES SHOWN HEREON PER MAP 216J 9TF OF CA�\F 171 SU6WY ROAO, SUITE 21J, ENLYNITAS, G 92021 IR (760)4J6-0560 fAX (760)136-0559 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 T� ) County of Sai�\ tai eta /(�� ) C ^ I- On (� — ZU Ll before me, ky)rl0I0. Q JlylItr) Date Here Insert Name and Title of the O Pr personally appeared k d'i s-6 2 k� AGOSku Nam ) of Signer(s) who proved to me on the basis of satisfactory evidence to be t erson(s) whose name(s)[// re his;scribed to the within instrument and acknlefJged to me tha he/ he/they executed the same in er/their authorized capacity(ies),and that y his./)her/their signatu 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. „ y�N6EU A. SIMON WITNESS my hand and official seal. COMY.f 2182386 xorRarK".CkiwnRR N SAN DIEGO Caw,ry W CONN Exp.MAR.2.2021 Signature.("&. XZYl!4'1,-\ 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 — - Limited - General Partner — - Limited ❑ General C Individual -Attorney in Fact - Individual -Attorney in Fact Trustee - Guardian or Conservator Trustee - Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907