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2018-79414 DOC# 2018-0079414 Recordin Requested IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIININIIIIIINIIIIIIIIIIIIIIIN g q B :y ) Feb 28, 2018 04:32 PM OFFICIAL RECORDS City of Encinitas ) Ernest J. Dronenburg, Jr., SAN DIEGO-COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) When Recorded Mail to: ) PCOR: N/A City Clerk ) PAGES: 9 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: $0 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY V ✓ Assessor's Parcel No: 254-173-05 Plan #: 13289-SG Gerald Singleton and Joy Singleton, Husband and Wife as Joint Tenants, 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. GRANT R(S): Gerald Singleton, O n Date 2 13 Joy Singl on, caner Date 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. Christopher . Magdosku Date City Engineer Development Services Department ATTACHMENT "A" LEGAL DESCRIPTION OF REAL PROPERTY LOT 10 OF CREST ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 1927, EXCEPT THE NORTHERLY 175 FEET THEREOF, THE SOUTHERLY LINE OF SAID NORTHERLY 175 BEING MEASURED PARALLEL WITH AND DISTANT 175 FEET AT RIGHT ANGLE SOUTHERLY FROM THE DIVIDING LINE BETWEEN LOTS 10 AND 11 OF CREST ACRES. No.7655 a V ATTACHMENT "B" LEGAL DESCRIPTION FOR STREET DEDICATION PORTION OF LOT 10 OF CREST ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 1927, EXCEPT THE NORTHERLY 175 FEET THEREOF, THE SOUTHERLY LINE OF SAID NORTHERLY 175 BEING MEASURED PARALLEL WITH AND DISTANT 175 FEET AT RIGHT ANGLE SOUTHERLY FROM THE DIVIDING LINE BETWEEN LOTS 10 AND 11 OF CREST ACRES, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10, SAID POINT BEING ON THE WESTERLY LINE OF GASCONY ROAD HAVING A HALF- WIDTH OF 20.00 FEET, THENCE ALONG THE EASTERLY LINE OF SAID LOT 10 NORTH 18 027'40"WEST 170.12 FEET; THENCE LEAVING SAID EASTERLY LINE OF LOT 10 SOUTH 84 008'30"WEST 5.12 FEET; THENCE PARALLEL TO THE EASTERLY LINE OF SAID LOT 10 SOUTH 18 027'40" EAST 170.12 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 10; THENCE EASTERLY ALONG SAID SOUTHERLY LINE THEREOF NORTH 84 008'30" EAST 5.12 FEET TO THE POINT OF BEGINNING. CONTAINING 850 SQUARE FEET MORE OR LESS. * No.7e55 �CAIaT"- EXHIBI T "C" STREET DEDICA TION EASEMENT \00. 40 20.00' \ 20.00' 5.12' POB\ N84 08'30"E 248.14' — 243 — � — \ \ 20 00, C/25.00 5.00 c� v n z ? o N �1 A O QD O 3 �c N N I p \ I� I 280.14' � N8408'30°E 285.86' 0 00 LOT 9 ° u No.less 0 J � Q CAL1�� U In O JN: 16-162 114118 LEGEND �SAMPO ® 5 WIDE EASEMENT FOR PUBLIC STREET RIGHT OF WAY GRANTED TO THE CITY _, ". NOES- ` '!ENGINEERING, INC. NOICS- 171 suavrRm. SUITE 111, mawmg CA 91011 1. BEARINGS AND DISTANCES SHOWN HEREON PER MAP 2019. M.: (750)116-0660 FAX (760)116-0659 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. 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 County of On Fi�-z3 131 62d before me,�•s"rocG��f �Q G �� t NOTARY PUBLIC, Personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name(s) —Is/are subsorlbed to the within instrument and acknowledged to me that helsfiW ey executed the same in hWher/th®ir authorized capacity les , and that by hlse eir signaturaj_or}the Instrument the person(s),or the ontity capon behalf of which the persons acted, executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is tcxte and correct. WITNESS my hand and official seal. Signature�� (Seal) RANDOLPH EDELMAN NotaryPublic-California Z San Diego County > Commission#2212599 My Comm.Expires Sep 30,2021 ADDITIONAL DOCUMENT DETAILS(Optional, Used for Document Security) Name/Title of Document:�•�SE�`' �--,co"2 fg'0'-' 7'Qr r.�4 Document Date; 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 &\(\ C) ) p On before me, Date Here Insert Name nd itle of the O icer 1 n ^ personally appeared Ir1y Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be th erson(s) whose names r e Grscribed to the within instrument and ackno ged to me tha he he/they executed the same in er/their authorized capacity(ies),and that b his/ er/their signature s)on the instrument the person(s), he entity upon behalf of which the person(s) a ed, 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 ` COMM.#2162396 rr^^ o NOTARY MUC•CAUFORNU VI SAN DIEGO COUNTY Signature /L� 6- MY Comm.ESP.Un.z,2021 ignature 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: ©2016 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907