2018-48444 DOC# 2018-0048444
Recording Requested By:
Feb 06, 2018 04:28 PM
�1
RECORDS
City of Encinitas ) Ern
est lJiDronenburrg, Jr,
SAN DIEGO COUNTY RECORDER
When Recorded Mail to: ) FEES $0 00 (SB2 Atkins: $0.00)
PCOR: N/A
City Clerk ) PAGES: 11
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
DOCUMENTARY TRANSFER TAX$004
PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT
�\ Assessor's Parcel No: 258-312-03
d� CALIFORNIA SURFING PRODUCTS. INC., 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, a Public Pedestrian Access,
Drainage, and General Utility Easement, subject to the terms and conditions set forth in
City of Encinitas Resolution 2009-61 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): 11
Donald M. Hansen Date
California Surfing Products, Inc., Owner
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
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 Cal' is )
County of I )
On 4 before me, Arthur P.Arquilla,Notary Public
Date Hi Ye Insert Name and Title of the Officer
personally appeared / l 1 r a n` -e- -
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
su scribed to the within instrument and acknowllddged to me tha a he/they executed the same in
Is er/their authorized capacity(ies), and that b is er/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 correct.
£ WITNESS my h d and official al.
@ARTHUR P. ARQU C0IM P.NO.7 407 I
NOTARY PUBLIC CALIFORNIA w Signature
SAN DIEGO COUNTY
cOMAassroNExPIRES.wIT,z02z Signatu ofN ary 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.NationalNotary.org • 1-800-US NOTARY(1-800-B76-6827) Item #5907
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
R olution of the City uncil of the City of Encinitas adopted on November 9, 1994
n the grante on=entto o rdation thereof by its duly authorized officer.
I - �
43 r n a isnes i Date
Di for of Engine n g Services
City of Encinitas
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
On c�-- J���O before me, 0 '�N
J - .S I m Of) No r u
Date Here Insert Name and Title of the ffce�r
personally appeared 9`re1 t
Name(s) of Signer(s) l
who proved to me on the basis of satisfactory evidence to be the p n(s) whose name(s is/tire
sub bed to the within instrument and acknowle to me that he he/t ey executed the same in
hi her heir authorized capacity(ies), and that by hi her heir signature(s)on the instrument the person(s),
or t entity upon behalf of which the person(s) acte 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.
�-- WITNESS my hand and official seal.
epm ANGEL A. SIMON
t.Ha A 2182396
N 21 812 6 Signature
Mr can. we.a, Sigoature 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 — 7 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:
92016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: CALIFORNIA SURFING PRODUCTS, INC.
APN: 258-312-03
OVERALLPARCEL
PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 16, 2003 AS
DOCUMENT NO. 1478287 OF OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS:
A PARCEL OF LAND IN THE SOUTHEAST ONE-QUARTER (SE %) OF THE
SOUTHEAST ONE-QUARTER (SE %) OF SECTION 16, TOWNSHIP 13 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 16; THENCE NORTH
89°02'00"WEST, A DISTANCE OF 425.21 FEET TO THE POINT OF CURVE OF A NON
TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES NORTH
79 002'48" EAST, A RADIAL DISTANCE OF 5,754.65 FEET; THENCE NORTHERLY
ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 04 052'20", A DISTANCE OF
489.35 FEET TO THE END OF THE CURVE, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE SOUTH 84 038'05" WEST, A DISTANCE OF 163.37 FEET TO THE
POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE
RADIUS POINT LIES NORTH 75 018'05" EAST, A RADIAL DISTANCE OF 960.00 FEET;
THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF
03 001'07", A DISTANCE OF 50.58 FEET; THENCE CONTINUE NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 06°20'41", A DISTANCE OF 106.31
FEET; THENCE NORTH 05°20'07"WEST, A DISTANCE OF 44.21 FEET; THENCE
NORTH 84 038'05" EAST, A DISTANCE OF 2.75 FEET TO THE POINT OF CURVE OF A
NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES NORTH
81 037'26" EAST, A RADIAL DISTANCE OF 1,950.00 FEET; THENCE NORTHERLY
ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 01 010'35", A DISTANCE OF
40.04 FEET; THENCE NORTH 84 138'05" EAST, A DISTANCE OF 99.56 FEET; THENCE
NORTH 05 021'55"WEST, A DISTANCE OF 258.68 FEET; THENCE NORTH 84 138'05"
EAST, A DISTANCE OF 75.00 FEET; THENCE SOUTH 05°21'55" EAST, A DISTANCE
OF 427.16 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF
5,754.65 FEET AND A CENTRAL ANGLE OF 00°13'02"; THENCE SOUTHERLY ALONG
THE ARC A DISTANCE OF 21.82 FEET; THENCE CONTINUE SOUTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 00 029'56", A DISTANCE OF 50.11
FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT "B"
LEGAL DESCRIPTION
VESTING: CALIFORNIA SURFING PRODUCTS, INC.
APN: 258-312-03
EASEMENT
THAT PORTION OF LOT 13, BLOCK 62 OF MAP 148 OF ENCINITAS, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JUNE 12,
1883 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 16, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN;
THENCE ALONG THE SOUTH LINE OF SAID SECTION 16 AS SHOWN ON RECORD
OF SURVEY 14228, RECORDED JULY 2, 1993 AS FILE NO. 93-428502 IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, NORTH 89 002'00"WEST 425.21
FEET TO THE WESTERLY LINE OF THE A.T.&S.F. RAILROAD RIGHT OF WAY AS
SHOWN ON SAID RECORD OF SURVEY, BEING A POINT ON A NON-TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5754.65 FEET, A RADIAL LINE
TO WHICH BEARS SOUTH 79 002'47" WEST,
THENCE LEAVING SAID SOUTH LINE, NORTHERLY ALONG SAID WESTERLY LINE
AND SAID CURVE THROUGH A CENTRAL ANGLE OF 4 052'20" AN ARC LENGTH OF
489.35 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF
SAID LOT 13, AS SHOWN ON CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 16, 2003 AS DOCUMENT NO. 2003-1478287, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY,
THENCE LEAVING SAID WESTERLY LINE, ALONG SAID CERTIFICATE OF
COMPLIANCE, SOUTH 84 038'05" WEST 152.34 FEET TO THE EASTERLY LINE OF
THAT DEED TO THE STATE OF CALIFORNIA RECORDED AS BOOK 629 PAGE 246 OF
OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING, BEING A POINT ON A
NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1950.00 FEET,
A RADIAL LINE TO WHICH BEARS SOUTH 75 042'03" WEST;
THENCE ALONG SAID DEED AND SAID CERTIFICATE OF COMPLIANCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 029'14" AN
ARC LENGTH OF 50.62 FEET TO THE NORTHERLY LINE OF SAID LOT 13 AS SHOWN
ON SAID CERTIFICATE OF COMPLIANCE;
THENCE LEAVING SAID DEED AND SAID CURVE, ALONG SAID NORTHERLY LINE
NORTH 84 038'05" EAST 4.80 FEET TO A POINT ON A NON-TANGENT CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 1950.00 FEET, A RADIAL LINE TO
WHICH BEARS SOUTH 76°10'18" WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
1 029'29" AN ARC LENGTH OF 50.76 FEET TO SAID SOUTHERLY LINE OF LOT 13;
THENCE ALONG SAID SOUTHERLY LINE OF LOT 13 SOUTH 84°38'05" WEST 5.72
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 263 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT 'C'.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
SIGNATURE � � ENO SG9
MICHAEL SCHLUMPSERGER,LS 7790 X15 V,SCHLU,
DATE Decernetie Lo, I917 ; c �G 9
N� No. 7790
9�0R CAL�F�
EXHIBIT " C"
SEE SHEET 2
1` 93 8 1S83'55'40_W R1.
1\ I � 'gg438'OS"W
\ L — — 75.00'
92
\ SCALE 1"=80'
\ 99
90 �y ®gfDj w 1
Ln
Oa
\ 4-
"K" STREET \ o
0)
\ w
v,
LANDS \
SCHL
4
P.O.C.
57� — r SE COR
Js No. 7790 z p \ 79.02'47"WSRZ SEC 16
Exp. 12/31/1 9 N89'02'00"W 9s 95
n ?�� 425.21' 29 22
�9rF OF CAL�FO�
THIS PLAT WAS PREPARED BY ME OR UNDER NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED
MY DIRECTION IN CONFORMANCE WITH FROM RECORD OF SURVEY 14228.
THE PROFESSIONAL LAND SURVEYOR'S ACT
Dzce ,6c4- ,�, Z,7 CITY OF ENCINITAS
MICHAEL L. SCHLUMPBERGER, PLS 7790 EASEMENT PLAT
Right-Of-Way Engineering Services, Inc. ASSESSORS' PARCEL N0. OWNER:
Land Surveying 258-312-03 CALIFORNIA SURFING
615 South Tremont Street • Oceanside, CA 92056 PRODUCTS, INC.
(760) 697-2700 row®roweng.net
Job Number 1409-0038-06 DATE: DECEMBER 11, 2017 SHEET 1 OF 2
EXHIBIT " C"
N84'38'05"E
4.80' .•W—SR1
5j6.1018
S771117—W (R�
EASTERLY LINE OF
DEED TO THE STATE v v
OF CALIFORNIA
RECORDED AS BOOK N PORTION OF LOT 13
629 PAGE 246 O.R. A ° o tl BLOCK 62
o MAP 148
o r'o
.or 0o
o , O
O .1
N cn 584'38'05'W
75.00'
N R�
40 4g. W
574— — 77.34'
575'42 p3.W <R) — 584'38'05'W
- T.P.O.B.
SCALE 1'=20'
NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED
DENOTES AREA OF FROM RECORD OF SURVEY 14228.
EASEMENT ACQUISITION
263 SQUARE FEET MORE OR LESS CITY OF ENCINITAS
EASEMENT PLAT
Right-Of-Way Engineering Services, Inc. ASSESSORS' PARCEL NO. OWNER:
Land Surveying 258-312-03 CALIFORNIA SURFING
615 South Tremont, Street • Oceanside, CA 92056 PRODUCTS, INC.
(760) 637-2700 row®roweng.net
Job Number: 1409-0038-06 DATE: DECEMBER 11, 2017 SHEET 2 OF 2
EXHIBIT "D"
Terms and Conditions for
Dedication of Public Pedestrian Access, Drainage, and General Utility Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of pedestrian access, drainage, and
general utility easement for 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 pedestrian access and use, for drainage, and for 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, 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.
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. The
termination and abandonment may be made by the Grantee.
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication of pedestrian access, drainage, and general utility
easement.
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.
Grantee shall indemnify, defend and hold harmless Grantor and its successors and
assigns from any liability or claim of liability, loss or expense, including reasonable
defense costs and legal fees, and claims for damages of whatsoever character, nature
and kind, arising from or connected with, Grantee's use of the easement area,
including, but not limited to, expenses, and claims for bodily injury, death, personal
injury, or property damage, provided however, that nothing herein shall relieve Grantor
from liability to the extent that such liability arises from Grantor's negligent acts,
omissions or willful misconduct.