2017-495299 DOC# 2017-0495299
1111111111111111111111111 illlll Ilili VIII VIII VIII VIII VIII IIII IIII
Oct 24, 2017 04:01 PM
Requested B : OFFICIAL RECORDS
Recording 9 Y ) Ernest J Dronenburg, Jr ,
SAN DIEGO COUNTY RECORDER
City of Encinitas ) FEES $0.00
PCOR NIA
PAGES 11
When Recorded Mail to: )
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 STREET RIGHT-OF-WAY
t1!. APN: 258-202-12✓ Case#: 17-038 BA/CDP
Surf Break, Inc. a California corporation, as to an undivided 60% interest and A. Bue, a
single man as to an undivided 40% interest as tenants in common, 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.
X14 htl- 1�Z)7)17
Robert Gilchr' Date
Agent f Break, Inc., Owner
M i7 /7
ner Date
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 and the grantee consents to recordation thereof by its duly authorized officer.
2 Z66/
ristopher . Magdosku Date
City Engineer
Development Services Department
City of Encinitas
WHEREAS, those parties concerned, Surf Break. Inc. a California Corporation, as to an
undivided 60% interest and A. Bue, a single man as to an undivided 40% interest as
tenants in common, as Trustor and Kristen M. Gilchrist, trustee of the Gilchrist Family
Trust, dated June 21, 2007 as Beneficiary, desire to have the Deed of Trust recorded in the
office of the County Recorder of San Diego County on January 20. 2017, as Document No.
2017-32839 of official records, subordinated to EASEMENT FOR PUBLIC STREET
RIGHT-OF-WAY, CITY OF ENCINITAS ("DOCUMENT' hereinafter).
Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged,
the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of
said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to
said Deed of Trust.
BENEFIC R
/0 ` 1 ' 17
Kri ten M. Gilchrist, Trustee Date
Gilchrist Family Trust
Signature of Beneficiary to be notarized.
Attach the appropriate acknowledgments.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred
by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas
accepts and consents to the making of the foregoing Subordination Agreement and
consents to recordation thereof by its duly authorized officer.
!o/244aal ;2
Sign for ilt�'of Encinitas Date
Print Name Title
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS:
LOT 22 AND 24 IN BLOCK "B" OF MCNEILL AND KEY'S SUBDIVISION OF EAST
BLOCK 6 OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 112 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 5, 1887
TOGETHER WITH THAT PORTION OF EAST 'F' STREET VACATED FOR PUBLIC
USE ON DECEMBER 12, 2007 AS DOC. NO. 2007-0792225 DESCRIBED AS
FOLLOWS:
THE NORTHERLY 7.50 FEET OF EAST 'F' STREET LYING BETWEEN THE
SOUTHERLY PROLONGATION OF A LINE LYING 12.27 FEET EAST OF THE
WESTERLY LINE OF SAID LOT 22 AND THE EASTERLY LINE OF SAID STREET
VACATION
EXCEPTING THEREFROM THE WESTERLY 12.27 FEET OF LOT 22 IN BLOCK B OF
SAID MAP NO. 112
CONTAINS 5875 SQUARE FEET MORE OR LESS
Pi�'S6G N�D SU4.A}o
0
* No.7655 n
l r
1�a'CALIAtt�
EXHIBIT "B"
LEGAL DESCRIPTION
FOR
STREET DEDICATION
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS:
THAT PORTION OF LOT 24 IN BLOCK "B" OF MCNEILL AND KEY'S SUBDIVISION
OF EAST BLOCK 6 OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 112 FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 5, 1887, MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF LOT 24; THENCE ALONG THE
EASTERLY LINE OF SAID LOT 24 SOUTH 02 017'30" WEST 76.37 FEET TO THE
TRUE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL TO
SAID POINT BEARS SOUTH 87 042'30" EAST; THENCE SOUTHWESTERLY AND
WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 28.28 FEET
THROUGH A CENTRAL ANGLE OF 81 001'30" TO A POINT ON THE NORTHERLY
RIGHT OF WAY OF EAST F STREET ACCORDING TO A STREET VACATION
RECORDED ON DECEMBER 12, 2007 AS DOCUMENT NUMBER 2007-0792225 OF
OFFICIAL RECORDS, HAVING A HALF WIDTH OF 32.50 FEET; THENCE NORTH
83 019'00" EAST A DISTANCE OF 18.27 FEET TO THE SOUTHEAST CORNER OF
SAID STREET VACATION; THENCE ALONG THE EASTERLY LINE OF SAID
STREET VACATION NORTH 06 041'00" WEST A DISTANCE OF 7.50 FEET; THENCE
ALONG THE EASTERLY LINE OF SAID LOT 24 NORTH 02 017'30" EAST A
DISTANCE OF 9.50 FEET TO THE TRUE POINT OF BEGINNING.
EASEMENT CONTAINS 64 SQUARE FEET, MORE OR LESS.
Ds
L.
EXHIBI T "C "
STREET DEDICA TION
po CORNISH DRIVE
R�W N0177J0 f 8587' N06'41'00'W 750' 1
76.J7' 950'
7PA9
LOT 24 N8741JO"W(R)j Ci I m
N0641'00'W 04 e 1
I � -
I a z 7.50' ST VACATION REC. ON DEC 11
z LOT 22 7.50' 2007 AS DOC. N0. 2007-0792225
�C� I OF OFFICIAL RECORD
I
N0636'302 92.35' I 32.50'
I �
LOT 20 I ~
CURVE DATA TABLE
N0. 4IBEARING RADIUS LENGTH Nj
Cl 4=81'01'30" 20.00' 1 28.28' L jC qs F<
o. 7655
0 20 40 9
lF OF CA��F�
SCALE: 1" = 20' JN. 17-111 1014117
LEGEND , 'SAM P O
® STREET DEDICATION GRANTED TO THE CITY OF ENCIN/TAS
7�( HEREON. AREA OF EASEMENT = 64 SF '^ E N G I N E E R I N G. INC.
NOI LJ• 171 WONY ROAO, SIVE 113, fNCWTAS G 91011
1. BEARINGS AND DISTANCES SHOWN HEREON PER ROS 796. in: (76o)u6-o66o fAx (760)4n-0659
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 Cali rnia )
County of 1—1
On �� ( T . 1 + before me,
Date o ,. Here Insert Na re n Itle of the Officer
personally appeared lJ �
Name(s) of Signers)
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 cogrAct.
DE NA GAY
Comm.a 2206986 WITNESS y han and official se
Z SAN DIEGO COUNTY
Q4 NOTARY PUBLIC-CALIFORNIA
MY COMMISSION EXPIRES Signature
AUGUST23,2021 ha
Signature of Notary Publi
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
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑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
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 Ca' rnia )
County of )
On b 1� l� before m%
Date ln�Here Insert Nam and Title of the Offi r
personally appeared
Name(s) of Signer(s)
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
DEANA GAY is true and correct.
COMM.82206998 WITNESS mMaand ic ial seal.
? SAN DIEGO COUNTY
Q4 NOTARY PUBLICCALIFORNIAi
MY COMMISSION EXPIRES - Signature AUGUST 23,2021 g
Signature of Notary P lic
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
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association -www.NationatNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
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 Yvi
On ) b -Zy- 1-� beforeme,
Date ere Insert Name and Titl of the Offio6r
personally appeared C� 1k IGi
kl)
Name( of Signer(s)
who proved to me on the basis of satisfactory evidence to be t erson(s) whose name is are
5he cribed to the within instrument and ackno dged to me tha he she/they executed the a in
er/their authorized capacity(ies),and that b hi her/their signatu )on the instrument the person(s),
entity upon behalf of which the person(s) ted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
ANGELA A. SOON is true and correct.
Cow ?1823 WITNESS my hand and official seal.cWM
W Cow.[fin.Mo.2 ttm
Signature L/
5 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:
C Corporate Officer — Title(s): Corporate Officer — Title(s):
Partner — ❑ Limited C General � Partner — ❑ Limited General
E Individual ❑Attorney in Fact J Individual C Attorney in Fact
Trustee ❑ Guardian or Conservator Trustee ❑ Guardian or Conservator
Other: C Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907