2018-196042 DOC# 2018-0196042
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n Recording Requested By: ) May 15, 2018 04:29 PM
OFFICIAL RECORDS
City of Encinitas ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SI32 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
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Assessor's Parcel No: 256-151-51� Building Permit#: 17-2145
Adresss : 686 Ocean View Ave
CARLOS TZE-CHAD LIN AND JENNIFER LARA LEVINE LIN, 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:
G R( -):
9,7 .
CARLOS TZE-CHAD LIN, Owner Date
e
'-7
e2 `T 12 ,2
AINNIFER LARA LEVINE LIN, Owner 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 1! Magdosku Date
City Engineer
Development Services Department
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 —"�-�_Zy )� before me, • S) r"0Y1 )Aary 1"Akc,
Date Here Insert Name and Title of the O icer
personally appeared C�_HoS 77—e——CYN&_,n L%Y
Name(s) of Signer(s)
7�p_n,n� --,er Lase,. Levin-e- LkYi ,
who proved to me on the basis of satisfactory evidence to be the person whose name(i9ee are
subscri the within instrument and acknowledged a that he/she/ ey xecuted the in
his/he their uthorized capacity(ies),and that by his/her their gnature(s)on tftelibstrument the person(s),
or the en ity 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.
ANGEL A A. IMON WITNESS my hand and official seal.
Comm.#2182396 11nn
(� NOTARY PUSUC-CAUFORNU VI
F $
SAN DIEGO COUNTY `
�* MY Comm.ESP.MAR 2.2021
Signature
Si nature 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
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 SO-V, _1 X-e-c)(7 )
On — 1 g before me, (�V AG A • & M Yl T k 1►
Date Here Insert Name} and Title of the fficer
personally appeared (�1 S�ek-e r M(0.QAf, k�)
Name(s) of Sig r(s)
who proved to me on the basis of satisfactory evidence to bet erson(s) whose names Is/ re
cribed to the within instrument and ackno ged to me tha he he/they executed the s e in
is/ er/their authorized capacity(ies),and that b his her/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.
°' ANGELA A. SIMON WITNESS my hand and official seal.
Coy m.#2182396 rn
3 8 NOTARY PUBLIC-CALIFORNIA ^'
SAN DIEGO COUNTY
+raom�' MY Comm.EXP.MAR.2.2021 Signature C��
Sj7ature 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.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT A
THE NORTHERLY 110.00 FEET OF LOT 1, BLOCK 3 OF AVOCADO ACRES, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF N0. 1791, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1924. EXCEPTING THEREFROM THE
WESTERLY 181.49 FEET MEASURED ALONG THE NORTHERLY AND SOUTHERLY
LINES.
SITUATE IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
Q
3?19
1 f
A- �3-��
EXHIBIT`B"
- - LEGAL DESCRIPTION
STREET DEDICATION
AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS THE EASTERLY 7.00 FEET OF THE NORTHERLY 110.00 FEET
OF LOT 1, IN BLOCK 3 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 1791,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN-DIEGO COUNTY,
APRIL 29, 1924.
CONTAINING 779 SQ. FT. OF LAND MORE OR LESS
'OF C�.
4_cz—ct�
EXHIBIT G
o I
FUEBLA ST
c°v I
N89 ° 52'5B'E 91.00'
1 I
1
� QI ti
h h
1 686 OCEAN VISA AVE
1 APN: 256-151-51 I
Z FOR. LOT I = Z
IT
C.
S5211 MAF 1'7ql 7' 20,
I
- - - - - - - - - - -
N89 ° 53'11'E 92.12'
AFN: 256-151-44 I
HATCHED AREA REPRESENTS AREA TO 1
BE DEDICATED TO THE CITY OF 20'
ENCINITAS AS PUBLIC RIGHT-OF-WAY
AREA OF DEDICATION = 779 SF f
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.