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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.