2017-598931 DOC# 2017-0598931
Recording Requested By: )
Dec 20, 2017 04:12 PM
OFFICIAL RECORDS
City of Encinitas ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00
When Recorded Mail to: ) PCOR NIA
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 l
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
\A Assessor's Parcel No: 256-152-35✓ Case #: 17-1938
y
Jessica Contreras and Gerson Contreras wife and husband as joint tenants, 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): Jessica Contreras and Gerson Contreras, wife and husband as joint
tenants
12 fl2-oi7
i4esica Contreras, Owner Date
/ z /
Ger`S4FContreras, Owner 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.
Ci'� �/� X02�9/o2f��
Christoph r L. Magdosku Date
City Engineer
Development Services Department
City of Encinitas
4
EXHIBIT "A"
SHEET 1 OF 1
OCEAN VIEW AVENUE DEDICATION
DESCRIPTION OF GRANTOR'S PROPERTY
PARCEL 1 OF PARCEL MAP NO. 8819, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 15, 1979 AS INSTRUMENT NO.
79-298939 OF OFFICIAL RECORDS.
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PREPARED BY: �m �Z��
PLS 8548
8-28-207
BLAKE E. TORGERSEN DATE F (crF CA�\FO
PLS 8548
�- TORGERSEN SURVEYING, INC. 1727
APR: 2-35
JOB NUMBER: 1727
1012 MAR VISTA DR, VISTA, CA 92081 SURVEY DATE: NIA
[7\m w` 619-535-8674 1 TORGSURV @GMAIL.COM DRAWING DATE: 8-28-2017
EXHIBIT "B"
SHEET 1OF1
OCEAN VIEW AVENUE DEDICATION
DESCRIPTION OF EASEMENT FOR
PUBLIC STREET RIGHT-OF-WAY
THE WESTERLY SEVEN (7.00) FEET OF PARCEL 1 OF PARCEL MAP NO. 8819, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 15, 1979 AS INSTRUMENT NO. 79-298939 OF OFFICIAL RECORDS.
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4LG�� T( CpL
PREPARED BY: PZ-"�
PLS 8548
/ 8-28-201
BLAKE E. TORGERSEN DATE F OF CAS E�
PLS 8548
�- TORGERSEN SURVEYING, INC. 1727
APR: 2-35
[7 JOB NUMBER: 1727
1012 MAR VISTA DR, VISTA, CA 92081 SURVEY DATE: N/A
�� 619-535-8674 1 TORGSURV @GMAIL.COM DRAWING DATE: 8-28-2017
EXHIBIT "C"
SHEET 1OF1
OCEAN VIEW AVENUE DEDICATION PLAT
I
POR LOT 25
I BLOCK 1, MAP 1791
N 89 029'44"W 167.30'
L=34.49' L=32.24' 160.17
R=266.48' R=259.48' PARCEL 1
D=7°24'53" D=7°07'06" PM 8819
17,969 S.F. GROSS o
1�� 14,277 S.F. NET co 0 cD
O \ ti z EASEMENT' FOR PUBLIC
STREET IZ16rHT-OF-WAS w
0 881 S.F.
2 m PPM 8819 2
EXISTING PRIVATE o°
mG \ ROAD EASEMENT ° 5 �p6 Z
Z _ 102.21' N
�G\ ° 89° 9'4
— N2 4"W 109.59'
N 2 122.63'
\ N 89 029'44"W 130.00'
W E zo 00
POR LOT 26
BLOCK 1, MAP 1791
S VIP \
SCALE: 1"=40' VICINITY MAP 1^=1000'
k � \
0 40 80 LEUCADIA BLVD
NOTE: BOUNDARY DIMENSIONS SHOWN HEREON a
ARE BASED ON RECORD INFORMATION PER
PARCEL MAP NO. 8819. rI
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T� GPG m- m `�
9 G PUEBLA ST
PREPARED BY: m z ym o ° SITE
PLS 8548
8-28-207
BLAKE E. TORGERSEN DATE F CPS F� m ym
PLS 8548
Al �- TORGERSEN SURVEYING INC. 1727
APR: 2-35
� JOB NUMBER: 1727
7
1012 MAR VISTA DR, VISTA, CA 92081 SURVEY DATE: N/A
619-535-8674 1 TORGSURV @GMAIL.COM DRAWING DATE: 8-28-2017
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 )
County of Qh D ie_�p ) nn II `
On �— 19 -2-611_ before me, �Cx4�L 1� . S, MO VI • N)A C4 R, h'ic
Date Here Insert Name land Title of the Officer
personally appeared zSS,f . '� �se C SO YI CI7 r)4 cr&.S
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the perso whose name(s) i are
subscribo the within instrument and acknowledged a that he/she ey xecuted the sam
his/her/ eir uthonzed capacity(ies),and that by his/her their 'gnature(s)on strument the person(s),
or the eltry upon behalf of which the person(s) acted, exemed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
ANGELA A. SIMON WITNESS my hand and official seal.
MM� Cour.i 2182396 r�
YI E E IgComm. 2182396 m �
5M Deco Caatt
ur caw.fxv.Yrx.z.zm, Signature 0iii,
S' 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
Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
Trustee ❑ Guardian or Conservator C 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