2018-17204 Doc# 2018-0017204
Recording Requested By: )
Jan 16, 2018 04:59 PM
" ( ) OFFICIAL RECORDS
( City of Encinitas ) Ernest J. Dronenburg, Jr.,
N\ ) SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins. $0.00)
When Recorded Mail to: ) 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: _ 00
lV EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 254-120-02✓ Building Permit#: 17-1512 / 1513
LOGAN ZINSER AND REBEKAH A. ZINSER, HUSBAND AND WIFEAS COMMUNITY
PROPERTY, 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): LOGAN ZINSER AND REBEKAH A. ZINSER, HUSBAND AND WIFEAS
COMMUNITY PROPERTY
I -z z r
Logan Inse , Date
��60 1 a -
Rebekah A. Zinser, 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.
Chris 0o ate
City Engineer
Development Services Department
City of Encinitas
ATTACHMENT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT 4 IN BLOCK "L" OF SOUTH COAST PARK ANNEX, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY
RECORDER MARCH 29, 1924, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF HYMETTUS AVENUE, AS SAME
IS SHOWN ON MAP N0.1788, DISTANT THEREON SOUTH 30 27' 30" EAST 179.35
FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE
OF EOLUS AVENUE, SAID POINT BEING THE NORTHWEST CORNER OF PARCEL OF
LAND DESCRIBED IN DEED TO CHRISTEN SORENSEN AND WIFE, RECORDED
APRIL 4, 1923 AS FILE N0.19602 IN BOOK 1471, PAGE 130 OF DEEDS, SAID
NORTHWEST CORNER BEING A POINT IN LINE WHICH BEARS SOUTH 890 59' 23"
WEST FROM THE CENTER LINE OF SAID EOLUS AVENUE, DISTANT THEREON
SOUTH 140 23' 30" EAST 63.81 FEET FROM THE SOUTHEASTERLY TERMINUS OF A
TANGENT 143.24 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY IN SAID
CENTER LINE; THENCE NORTH 89° 59' 23" EAST ALONG SAID LINE TO A POINT IN
THE WESTERLY LINE OF SAID LOT 4, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 89° 59' 23" EAST 130.00 FEET; THENCE
PARALLEL WITH SAID WESTERLY LINE OF SAID LOT, SOUTH 30 27' 30" EAST
90.00 FEET; THENCE SOUTH 89° 59' 23" WEST 130.00 FEET TO A POINT IN SAID
WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE, NORTH 3' 27' 30" WEST
90.00 FEET TO THE TRUE POINT OF BEGINNING.
N0.76"
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ATTACHMENT "B"
LEGAL DESCRIPTION FOR EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
A PORTION OF LOT 4 IN BLOCK "L" OF SOUTH COAST PARK ANNEX, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER
MARCH 29, 1924, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF HYMETTUS AVENUE, AS SAME
IS SHOWN ON MAP N0.1788, DISTANT THEREON SOUTH 3° 27' 30" EAST 179.35
FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE
OF EOLUS AVENUE, SAID POINT BEING THE NORTHWEST CORNER OF PARCEL OF
LAND DESCRIBED IN DEED TO CHRISTEN SORENSEN AND WIFE, RECORDED
APRIL 4, 1923 AS FILE N0.19602 IN BOOK 1471, PAGE 130 OF DEEDS, SAID
NORTHWEST CORNER BEING A POINT INA LINE WHICH BEARS SOUTH 890 59' 23"
WEST FROM THE CENTER LINE OF SAID EOLUS AVENUE, DISTANT THEREON
SOUTH 140 23' 30" EAST 63.81 FEET FROM THE SOUTHEASTERLY TERMINUS OF A
TANGENT 143.24 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY IN SAID
CENTER LINE; THENCE NORTH 890 59' 23" EAST ALONG SAID LINE TO A POINT IN
THE WESTERLY LINE OF SAID LOT 4, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 89° 59' 23" EAST 200 FEET; THENCE
PARALLEL WITH SAID WESTERLY LINE OF SAID LOT, SOUTH 30 27' 30" EAST
90.00 FEET; THENCE SOUTH 89° 59' 23" WEST 200 FEET TO A POINT IN SAID
WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE, NORTH 3' 27' 30" WEST
90.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 180 SQUARE FEET MORE OR LESS. afis�o N�°S �l'F
* No.7M
1�a'CAL1���
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EXHIBI T rrC"
EASEMENT FOR PUBLIC STREET
RIGHT-OF- WA Y 15"
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HYMETTUS A VE. 1
25'
TPOB
N0327VW 90.00"
1.00' 200'
N0327J0 7W 9000'
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No. 765
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SCALE: 1" = 20'
N0327VW 90.00'
JN: 17-104 //3/18
LEGEND PO
® 1' WIDE EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY GRANTED TO THE CITY E N I N E E R I N13, INC.
OF ENGNITAS HEREON
NOTES' Ir zuYwrrxuo, sae ara nvaauz a 920
1. BEARINGS AND DISTANCES SHOWN HEREON PER DOC/1016-0641988 06-0639
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 Ca rnia )
County of )
On ���' be ore rin
k )-CA
Date ) Here Insert N,am and Title of thee 0 iic rr
personally appeared L.CX��I�I V�-\�L �K c�h °L—� �
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
DEANA GAY of the State of California that the foregoing paragraph
COMM.#2206986 IS true and correct.
SAN DIEGO COUNTY
NOTARY PUBLIC-CALIFORNIA WITNESS my rid nd official seal.
MY COMMISSION EXPIRES
AUGUST 23,2021
Signature
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.NationalNotary.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 vl ec tbe (�) 1 I (J
On �— �U °ZOO o reme, I art E'�G� 1• S�rnOV7 �VotbY 1 1 ,
Date Here Insert/tName and Tittle'of th Officer
personally appeared ChrtS `lJh2� �—• 1 r �O��SKJ
Name(s) of Signe s)
who proved to me on the basis of satisfactory evidence to bet erson(s) whose name( is re
Scribed to the within instrument and ackno)vtedged to me th he a/they executed the same in
his er/their authorized capacity(ies),and that b hi her/their signatu 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
�AN9EU1 A. SNWN is true and correct.
Corr.t 2182396 WITNESS my hand and official seal.
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s,x wmSu a*00•au UI
Ew cwm
W car.Ev.W.2,ptt
Signature K,(�
gnature 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 C 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-B00-876-6827) Item #5907