2018-48447 DOC# 2018-0048447
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Recording Requested By: ) Feb 06, 2018 04:28 PM
OFFICIAL RECORDS
f
City of Encinitas ) Ernest J.COUNTY RE
N SAN DIEGO COOUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
When Recorded Mail to: ) PCOR: N/A
PAGES: 10
City Clerk )
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 wAr
PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT
�\U Assessor's Parcel No: 258-312-16
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):
Donald M. Hansen, Trustee Date
HANSEN FAMILY RUST, 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 Cali r is )
County of / )
On 1 3 before me, Amu'P Arqu6lla,Notary Public
ate 1 , Here Insert Name and Title g'f the O icer
personally appeared 6-'! M 1q 4vi g e4^ � /� ZIZV f ;
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person whose name(s) is, [�
subscribed to the within instrument and acknowledged to me that he/shqT2ey,,bxecuted the same in
his/her el uthorized capacity(ies), and that by his/he ai 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 ha nd offici eal.
ARTHUR P. AROUILLA
_ COMMISSION No 2225407
NOTARY PUBLIC.CALIFORNU\ ! Signature
SAN DIEGO COUNTY
COMMISSION EXPIRES JAN 7,210 Sig o otary 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): 7 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
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 Council of the City of Encinitas adopted on November 9, 1994
n the grant a co nts to recordation thereof by its duly authorized officer.
r n a W isn ki Date
Di or of Engin ring Services
Ci of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
FAnotary public or other officer completing this certificate verifies only the identity of the individual who signed thument to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of 5a n V C4p ) 11 y� 1 I (�
On �— Jr,� 1 � H
before me, A��n. - Simon NoT0.ru rVkI)(�
Date (n� \ Here Insert Name and Title of the 6fficer
personally appeared `S()L°Sk.)
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the p n(s) whose names is/ re
sub ed to the within instrument and acknowle to me that he he/t ey executed the same in
her
hi her heir authorized capacity(ies), and that by hi heir signature(s)on the instrument the person(s),
or t entity upon behalf of which the person(s) actecT 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.
MWOO 70310 M'S
VV"M-MKW umar
96fZ91Z 8'nne0 Signature
NOWIS Y Y139Ntl 6 1 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:
❑ 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
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: HANSEN FAMILY TRUST AND BROOKS GIFFORD JR.
APN: 258-312-15
OVERALL PARCEL
PARCEL B 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 (SE1/4) OF THE
SOUTHEAST ONE-QUARTER (SE1/4) 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
89 002'00"WEST, A DISTANCE OF 425.21 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89 002'00"WEST, A DISTANCE OF 52.43 FEET;
THENCE CONTINUING NORTH 89 002'00"WEST, A DISTANCE OF 10.89 FEET;
THENCE NORTH 22 018'07" WEST, A DISTANCE OF 63.83 FEET TO THE POINT OF
CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT
LIES NORTH 79 047'24" EAST, A RADIAL DISTANCE OF 5,829.65 FEET; THENCE
NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 00°27'38", A
DISTANCE OF 46.86 FEET; THENCE NORTH 22 018'07"WEST, A DISTANCE OF 97.54
FEET; THENCE NORTH 84°38'05" EAST, A DISTANCE OF 22.01 FEET TO THE POINT
OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS
POINT LIES NORTH 81 010'11" EAST, A RADIAL DISTANCE OF 5,829.65 FEET;
THENCE NORTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF
00 023'38', A DISTANCE OF 40.08 FEET; THENCE CONTINUE NORTHERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 00 023'37", A DISTANCE OF 40.05
FEET; THENCE CONTINUE NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 01'58'14", A DISTANCE OF 200.50 FEET; THENCE NORTH
84 038'05" EAST, A DISTANCE OF 75.01 FEET TO THE POINT OF CURVE OF A NON
TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES NORTH
83 055'07" EAST, A RADIAL DISTANCE OF 5,754.65 FEET; THENCE SOUTHERLY
ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 04 052'20", A DISTANCE OF
489.35 FEET TO THE TRUE POINT OF BEGINNING.
EXHIBIT "B"
LEGAL DESCRIPTION
VESTING: HANSEN FAMILY TRUST AND BROOKS GIFFORD JR.
APN: 258-312-15
EASEMENT
THAT PORTION OF PARCEL B OF THAT CERTIFICATE OF COMPLIANCE, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED
DECEMBER 16, 2003 AS DOCUMENT NO. 2003-1478287 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,
THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89 002'00" WEST 52.43
FEET TO THE EASTERLY LINE OF THAT DEED TO THE STATE OF CALIFORNIA
RECORDED AS BOOK 751 PAGE 372 OF OFFICIAL RECORDS AND THE TRUE POINT
OF BEGINNING;
THENCE NORTHERLY ALONG SAID DEED NORTH 22 018'07" WEST 211.44 FEET TO
THE SOUTHERLY LINE OF K STREET AS SHOWN ON SAID RECORD OF SURVEY;
THENCE LEAVING SAID DEED, ALONG SAID SOUTHERLY LINE NORTH 84 038'05"
EAST 10.45 FEET;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 22 018'07" EAST 212.69 FEET TO
SAID SOUTH LINE OF SECTION 16;
THENCE ALONG SAID SOUTH LINE NORTH 89 002'00" WEST 10.89 FEET TO THE
TRUE POINT OF BEGINNING.
CONTAINING 2,121 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT 'B'.
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
� HOU4o9E`
G
SIGNATURE y k. Qc .� f-
MICHAEL SCHLLIMPSERGER,LS 7790 v U p
DATE Jan✓ 4 Zo! * Exp. /
c:A No. 7780
OF
EXHIBIT " C"
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5 No. 7790 a SEC 16
J Exp. 12/31/1 9 \Q N89'02'00"W 96 15
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— -- — — 425.21' 21 22
F OF CP\\F
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
CITY OF ENCINITAS
MICHAEL L. SCHLUMPBERGER, PLS 7790 EASEMENT PLAT
Right-Of-Way Engineering Services, Inc. ASSESSORS' PARCEL NO. OWNER:
Land Surveying 258-312-15 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
STREET EXHIBIT " C"
N8438'05"E
10.45'
EASTERLY LINE OF
DEED TO THE STATE
OF CALIFORNIA /
RECORDED AS BOOK /
751 PAGE 372 O.R.
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SCALE 1"=30'
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52.43'
T.P.O.6. N89'02'00"W
NOTE: ALL DIMENSIONS SHOWN HERMPILED
DENOTES AREA OF FROM RECORD OF SURVEY 14228.
EASEMENT ACQUISITION
2,121 SQUARE FEET MORE OR LESS CITY OF ENCI
EASEMENT Right-Of-Way Engineering Services, Inc. ASSESSORS' PARCEL N 0. OWNELand Surveying 258-312-15 HAN TRUST &615 South Tremont Street • Oceanside, CA 92056 BROD JR(760) 637-2700 row®roweng.net
Job Number: 1409-0038-06 DATE: JANUARY 31, 2018 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.