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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. �Np1 LAND , T 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. oNpl LM/p 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 T S i vm I l 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