Loading...
2018-66571 DOC# 2018-0066571 IIIIIIIhiIIIIIIIIIIII1111IIIIII11111IIIII11111IIlllIIIIIIIIII1111IIII Recording Requested By: ) Feb 20, 2018 04:26 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City of Encinitas ) SAN DIEGO COUNTY RECORDER FEES'. $0.00 (SB2 Atkins. $0.00) POOR: N/A When Recorded Mail to: ) PAGES 9 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: _ 00 �q\1�1rp{�7 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 258-101-31✓ Building Permit #: 17-2197/2198 Encinitas Selected Properties 110 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): / Alberto Bessudo, Manager Date For Encinitas Selected Properties 110, LLC 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. 1����� Christopher'L. Magdosku Date City Engineer Development Services Department City of Encinitas EXHIBIT "A" SHEET 1 OF 1 REQUEZA STREET DEDICATION DESCRIPTION OF GRANTOR'S PROPERTY That portion of Lots 15 and 16 in Block "L" of Encinitas Highlands, according to Map thereof No. 2141, filed in the Office of the County Recorder of San Diego County, December 4, 1928, described as follows: Commencing at the Southeasterly corner of said Lot 16, being a point on the arc of a 283.72 foot radius curve, concave Northeasterly, a radial line of said curve bears South 00 026'55" West (record= South 00 024'30" West) to said point; thence along the Southwesterly boundary of said Lot 16, Northwesterly along the arc of said curve through a central angle of 13 008'31", a distance of 65.08 feet (record= 13 015'20", 65.64 feet) to the Southwesterly corner of land described in Deed to George E. Harter, at ux, recorded June 15, 1959 in Book 7715, Page 93 of Official Records; thence along the Westerly boundary of said Harter's land North 00 023'10" West, 92.44 feet (record= North 00 003'00" West, 92.36 feet) to the Northwest corner of said Harter's land, said corner being the true point of beginning; thence retracing along said Westerly boundary South 00 023'10" East, 92.44 feet to the Southwesterly line of said Lot 16, being a point on the arc of said 283.72 foot radius curve, concave Northeasterly, a radial line of said curve bears South 13 035'26" West (record= South 13°39'50" West) to said point; thence along the Southwesterly and Westerly boundary of said Lots 16 and 15 as follows: Northwesterly along the arc of said curve through a central angle of 09 007'14" a distance of 45.16 feet (record= 09°05'40", 45.03 feet) to the beginning of a compound 76.51 foot radius curve; and Northwesterly and Northerly along the arc of said curve through a central angle of 69 034'49" a distance of 92.91 feet (record= 69°36'00", 92.86 feet) to the point of tangency on the Westerly boundary of said Lot 15; thence departing said Westerly boundary North 86 057'04" East, 89.28 feet (record= North 89 059'45" East, 89.63 feet) to the true point of beginning. L ro4 SQL PREPARED BY: a m z 90 / PLS 8548 12-14-2077 `rT9 \P BLAKE . RSEN DATE c� CAL�- PLS 8548 TORGERSEN SURVEYING, INC. 7137 1012 MAR VISTA DR, VISTA, CA 92081 619-535-8674 1 TORGSURV @GMAIL.COM EXHIBIT "B" SHEET 1 OF 1 REQUEZA STREET DEDICATION DESCRIPTION OF DEDICATION That portion of Lot 16 in Block "L" of Encinitas Highlands, according to Map thereof No. 2141, filed in the Office of the County Recorder of San Diego County, December 4, 1928, described as follows: Commencing at the Southeasterly corner of said Lot 16, being a point on the arc of a 283.72 foot radius curve, concave Northeasterly, a radial line of said curve bears South 00°26'55" West (record= South 00°24'30" West) to said point; thence along the Southwesterly boundary of said Lot 16, Northwesterly along the arc of said curve through a central angle of 13°08'31", a distance of 65.08 feet (record= 13°15'20", 65.64 feet) to the Southwesterly corner of land described in Deed to George E. Harter, et ux, recorded June 15, 1959 in Book 7715, Page 93 of Official Records, a radial line of said curve bears South 13 035'26" West (record= South 13 039'50" West) to said corner, said comer being the true point of beginning; thence continuing along the Southwesterly boundary of said Lot 16 as follows: Northwesterly along the are of said curve through a central angle of 09 007'14" a distance of 45.16 feet (record= 09°05'40", 45.03 feet) to the beginning of a compound 76.51 foot radius curve; and Northwesterly along the arc of said curve through a central angle of 34 036'35", a distance of 46.22 feet to the beginning of a reverse-tangent 20.00 foot radius curve, concave Northeasterly, a radial line of said curve bears North 57 019'16" East; thence departing said Southwesterly boundary Southeasterly along the arc of said curve through a central angle of 34 036'35", a distance of 12.08 feet to the point of tangency with a line that is parallel with and 10.00 feet distant (measured at right angles) Northeasterly of a line that is tangent to the beginning of said 76.51 foot radius curve; thence along said parallel line South 67°17'19" East, 32.10 feet to the beginning of a tangent 273.72 foot radius curve, concave Northeasterly (said curve being concentric with said 283.72 foot radius curve); thence Southeasterly along the arc of said 273.72 foot radius curve through a central angle of 08 035'57", a distance of 41.08 feet to the Westerly boundary of said Harter's land; thence along said Westerly boundary South 00 023'10" East (record= South 00 003'00" East), 10.32 feet to the true point of beginning. L T 1), � PREPARED BY: a m Z / PLS 8548 72-74-2017 BLAKE RSEN DATE nc CAUFO PLS 8548 TORGERSEN SURVEYING, INC. 1012 MAR VISTA DR, VISTA, CA 92081 619-535-8674 1 TORGSURV @GMAIL.COM EXHIBIT "C" SHEET 1 OF 1 REQUEZA STREET DEDICATION PLAT 20.00' _ N 86 057'04" E 89.28' N 87°42'30"W (R) EXISTING 110 REQUEZA ST RIGHT-OF-WAY APN 258-101-31 LINE PORTION OF LOTS 15& 16, W r BLOCK L, MAP 2141 b,a 6,210 S.F. (0.143 AC.)GROSS 7m° 0 5,520 S.F. (0.127 AC.)NET W 04 > �[/ ` N hry' c W 4�7 L=12.08' PROPOSED o ��� �= R=20.00' RIGHT-OF-WAY N j. 6� s ry D=34°36'35" LINE °o os,' s�°779" DEDICATION / per, 3210' w 690 S.F. /K /. o t,, W 4108? l l_N N 6 6, W °b// o R� 7s' l Z s. J E F� S. EXISTING Ti4FF� RIME T-OF-WAY a R�303.72, _ 0 20 40 NOTE: BOUNDARY DIMENSIONS L VICINITY MAP SHOWN HEREON ARE BASED ON �pNa T� (N.T.S.) AFIELD SURVEY. RECORD ��`� E• O? pL I=y11� DIMENSIONS MAY VARY. SITE k PREPARED BY: a m z� k s PL+S8 48 F STREET REQUEZA ST. / 72-14-2017 �1 BLAKE E.TCYRUERSEN DATE 9�F �Fp y o PLS 8548 C� o_ 7137 TORGERSEN SURVEYING, INC. m 1012 MAR VISTA DR, VISTA, CA 92081 HE Z �_ 619-535-8674 1 TORGSURV @GMAIL.COM N L 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 JQ.f-\ � ) I t (� On a - - 2olg before me, �gela A Si (n6n Date Here Insert Name and Title of the Officer personally appeared �1 �� Qe S5 U J d Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be th person(s) whose name(s) is are cribed to the within instrument and ackno ged to me that he he/they executed the same in hi er/their authorized capacity(ies), and that b f�yhii her/their signatu on the instrument the person(s), the 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 is true and correct. e+- - ANGELA A. SIMON WITNESS my hand and official seal. ° CAYY.ii 2182396 �) p Owl"P' uc-tuYOww See aEP.Cwm �.,,s' Yr Caw.EXP.YM.2,1D11� Signature Signature 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: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): C❑ Corporate Officer — Title(s): Partner — ❑ Limited General G Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact Individual ❑Attorney in Fact Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator Other: J Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-B76-6827) 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 Y\ f� ) (� C ^ ' On 2- (�"� (� before me, 1 ty`af l O, A- ✓'WCYt Jv06ry CUb`'G, Date Here Insert Name nd title of the O icer A-0, personally appeared jS `� he f L- ' M 05k Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be th�^person(s) whose name(s is are cribed to the within instrument and acknopl�ged to me that(he�she/they executed the same in his er/their authorized capacity(ies), and that to h /her/their signatu'S(s)on the instrument the person(s), r 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 correct. .ten ANGELA A. SIMON Cum.$2182398 WITNESS my hand and official seal. lia?��....2.... Nr f W W "H Signature Sighature 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: I 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: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907