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2018-48446 DOC# 2018-0048446 111111 l l l l l 1111111111111111111111111 I I i l l 111111111111111 i l l l l 11111111 I� Recording Requested By: ) Feb 06, 2018 04:28 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City of Encinitas ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) When Recorded Mail to: ) 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 i0 PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT Assessor's Parcel No: 258-312-07� HANSEN FAMILY TRUST AND BROOKS GIFFORD_ JR. 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): k �. -�� -rr-— /-3/-/f Donald M. Han , Trustee Date HANSEN FAMILY TRUST, Owner BROOKS GIFFORD JR., Owner Date 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 Ca' nia ) County of ) On before me, Arthur P Arm iHa.NotW Pnhlic Date � �^ I�� Here Bert NpC S and Title of the i personally appeared /°/ ( 7 �y Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is4g;) subscribed to the within instrument and acknowledged to me that he/she/executed the same In his/her7authorized capacity(ies), and that by his/her eir ignature(s)on t e 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 E is true and correct. ARTHUR P. ARQUILLA{ WITNESS 72;d official s I. w COMMISSION NO 2225407 4 NOTARY NDIEG COUNTY NIA L, \ SAN DIEGO COUNTY JAN 7 COMMISSION EXPIRES JAN 7,2022 Signature natur of N 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 C General ❑ Partner — ❑ Limited ❑ General Individual ❑Attorney in Fact Individual ❑Attorney in Fact Trustee ❑ Guardian or Conservator Trustee ❑ Guardian or Conservator Other: 7 Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) 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 solution of the City uncil of the City of Encinitas adopted on November 9, 1994 an the grante co en s to recordation thereof by its duly authorized officer. Br n a Wisney<i Date Di for of Engine mg Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 s�e�rsx�c�a• 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 50,Y) Vt /—� ) II y� C On — J� �� � � before me, 1"_'�CA X_ AISiMCiI Date }} Here Insert. and Title of the 6fficer personally appeared �'rey)A0__ C)t'SK.l Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the p n(s) whose name(s is/Sre ,ersR sub bed to the within instrument and acknowle¢ge�J 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. ANGELA A. SIMON / C COMM./2182396 N e c NWARY�' FW Signature cwm �9 Mr COMM.EXP.Mix.2,2021 Sig ture of Notary ublic 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: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION VESTING: HANSEN FAMILY TRUST AND BROOKS GIFFORD JR. APN: 258-312-07 OVERALL PARCEL PARCEL C DESCRIBED IN THAT CORRECTION DEED RECORDED DECEMBER 13, 2007 AS DOCUMENT NO. 2007-0771471 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: PARCEL C LOT 9 IN BLOCK 62 OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 148, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 12, 1883. EXCEPTING THEREFROM THAT PORTION OF THE SAID LOT 9 CONVEYED BY C. P. TAYLOR AND B. H. TAYLOR, WIFE AND HUSBAND, TO THE STATE OF CALIFORNIA, BY DEED DATED AUGUST 4, 1924 AND RECORDED AUGUST 25, 1924 IN BOOK 751, PAGE 422 OF DEEDS, DESCRIBED AS FOLLOWS: AN IRREGULAR SHAPED PARCEL OF LAND IN SAID LOT 9 COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE FROM SAID POINT OF BEGINNING SOUTHERLY ALONG THE WEST LINE OF SAID LOT, 50 FEET TO THE SOUTHWEST CORNER THEREOF, THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 64.84 FEET TO A POINTY THENCE NORTHWESTERLY 52.28 FEET TO A POINT IN THE NORTH LINE OF SAID LOT, SAID POINT BEING 49.58 FEET EASTERLY FROM THE NORTHWEST CORNER THEREOF; THENCE WESTERLY ALONG SAID NORTH LINE, 49.58 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" LEGAL DESCRIPTION VESTING: HANSEN FAMILY TRUST AND BROOKS GIFFORD JR. APN: 258-312-07 EASEMENT THAT PORTION OF LOT 9, 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 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 75.00 FEET TO THE EASTERLY LINE OF SAID BLOCK 62, AS SHOWN ON SAID RECORD OF SURVEY, BEING A POINT ON A NON- TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5829.65 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 83 055'40" WEST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 1 058'14" AN ARC LENGTH OF 200.50 FEET TO THE SOUTHERLY LINE OF SAID LOT 9 AS SHOWN ON SAID RECORD OF SURVEY; THENCE LEAVING SAID EASTERLY LINE ALONG SAID SOUTHERLY LINE SOUTH 84 038'05" WEST 40.86 FEET TO THE EASTERLY LINE OF THAT DEED TO THE STATE OF CALIFORNIA RECORDED AS BOOK 698 PAGE 205 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 69°40'44"WEST; THENCE LEAVING SAID SOUTHERLY LINE, NORTHERLY ALONG SAID DEED AND SAID CURVE THROUGH A CENTRAL ANGLE OF 1 031'07" AN ARC LENGTH OF 51.68 FEET TO THE NORTHERLY LINE OF SAID LOT 9; THENCE LEAVING SAID DEED ALONG SAID NORTHERLY LINE NORTH 84 038'05" EAST 8.53 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 70°09'37" WEST; THENCE LEAVING SAID NORTHERLY LINE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 031234" AN ARC LENGTH OF 51.94 FEET TO SAID SOUTHERLY LINE OF LOT 9; THENCE ALONG SAID SOUTHERLY LINE OF LOT 9 SOUTH 84 038'05" WEST 9.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 452 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 MICHAEL SCHLUMPBERGER,LS 7790 U O DATE * Exp.is s N.� No. 7780 �Q 9�OF CA1-�F�2 EXHIBIT " C" 93 D 5835540°W Rl 9 584'38'05"W \ 75.00' a \ 12 \ SCALE 1°=80' \ 11 to A N 402^ 0 10 o N pi PI \ Ui 9 N \ w�w � NL- - Ln Lit "K" STREET \ o \ w \ cce,p LAND sU \ SCHL�dyo�LF� \ P.O.C. J Fm A \ 579�02�47>:WSR� SE CDR No. 7790 a SEC 16 Exp. 12 31 t9 N89'02'00°W 95 15 s4 ���� 425.21' 29 22 OF CPL�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 PROFESSION ND SURVEYOR'S ACT CITY OF ENCINITAS MICHAEL L. SCHLUMPBERGER, PLS 7� EASEMENT PLAT Right-Of-Way Engineering Services, Inc. ASSESSORS' PARCEL band Surveying 258-312-07 HANSEN FAMILY TRUST & 615 South Tremont Street • Oceanside, CA 92056 BROOKS GIFFORD JR (760) 637-2700 row®roweng.net Job Number: 1409-0038-06 DATE: JANUARY 31, 2018 SHEET 1 OF 2 EXHIBIT " C" \ N84'.53' W E R� 5100 S EASTERLY LINE OF DEED TO THE STATE OF v v ap CALIFORNIA RECORDED AS 1� u+A PORTION OF LOT 9 800K 698 PAGE 205 O.R. BLOCK 62 ^� °LO°_, '•o MAP 148 n s i o °� o o - a \ 0 S6a/a Oj W 569 Ao�%W �Rl S84'3886' 40.86' SCALE 1"=20' NOTE: ALL DIMENSIONS SHOWN HERJARELED&ED DENOTES AREA OF FROM RECORD OF SURVEY 14228. EASEMENT ACQUISITION 452 SQUARE FEET MORE OR LESS CITY OF ENCI EASEMENT Right-Of-lYay Engineering Services, IIIC. ASSESSORS' PARCEL N0. OWNELand Surveying 258-312-07 HANT &615 South Tremont Street • Oceanside, CA 92056 BRO(760) 637-2700 row®roweng.net Job Number: 1409-0038-06 DATE: JANUARY 31, 2018 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.