Loading...
2018-364376 DOC# 2018-0364376 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) Sep 04, 2018 04:15 PM Q ) 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 1 PAGES: 9 City Clerk ) 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 PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT G� Assessor's Parcel No:261-112-15-00� Building Permit#: 18-455 CHRISTOPHER J: SULLIVAN AND SANDRA EBERLE SULLIVAN, TRUSTEES, THE SULLIVAN EBERLE. TRUST DATED AUGUST 24, 2017. , 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. GRAN ' (S): Sandra r e Sullivan, Owners Date Christopher ullivan, 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 California ) County of Sam 1N-e5-o On 11"1T(q_before me, � G r iV e C, /Q Date I Here((Insert Name and Title of the Officer personally appeared C 61 S+DD 4e fr �J. Name(s) of Signer(s) &%A SaKef 'og- e6rle Sv.111%yarj who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. K MCI eTENRANUW WITNESS my nd official seal. comMwaW No.2230954 NOTARY PUBLIC-CALIFORNIA SAN D1E(,0 COUNTY 12 2022 comm�ssionE> , Signature Signature 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: PRAL pp"119*L&M kusS Document Date: g -7 1 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: 02014 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 Resolution 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 Lf. Magdosku DatV of City Engineer Development Services Department City of Encinitas ALL-PURPOSE ACKNOWLEDGMENT 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 �vk SS. On _5 U — 20 18' , before me, nCy DATE ,Notary Public, ] �. personally appeared -e t- L ho proved to me on the basis of satisfactory evidence to be the person(s) whose name( ) is are subscribedp the within instrument and ackn edged to me tha0hei/she/they executed the sa i er/their authorized capacity(ies), and that by hi her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ANGELA A. S1MON acted, executed the instrument. ~ " COMM.#2182396 fn person(s) 3 NOTARY PUBUC-CALIFORNIA =, SAN DIEGO COUNTY My COMM.EXP.Ma.2,2021 I certify under PENALTY OF PERJURY under the c4�pe� -� laws of the State of California that the foregoing paragraph b true an correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABO V E SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT r NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT a OF SIGNER 0 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LOTS 23 AND 24 IN BLOCK 10 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO,NOVEMBER 14; 1910. CONTAINS 5,000 SQUARE FEET MORE OR LESS LES v V 'lG, op m SE . ENGLERT, L.S. 7959 bATE ` L.S. 7959 COASTAL LAND SOLUTIONS OF ca�zF�' EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT LOTS 23 AND 24 IN BLOCK 10 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO,NOVEMBER 14, 1910; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOTS 23 AND 24, THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 24, SOUTH 58 050'00 WEST, 20.00 FEET TO A POINT ON CUSP, BEING A 20.00-FOOT RADIUS CURVE, CONCAVE WESTERLY, THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 000'00", A DISTANCE OF 31.42 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 24, SAID POINT ALSO BEING A POINT OF CUSP WITH SAID NORTHEASTERLY LINE OF SAID LOT 24, THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 31 010'00"EAST, 20.00 FEET TO THE POINT OF BEGINNING. CONTAINS 86 SQUARE FEET MORE OR LESS. Larva LE SEA C ENGLERT, L.S. 7959 DATE can l.S: 7959 COAS AL LAND SOLUTIONS CAL ` EXrIIBrr 'C' MGM PLAT OF EASENMW P.O.B. POINT OF BEGINNING SCALE: 1"= 20' ® PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT OXFORP A\/r=. AREA = 86 S.F. N31'10'00"W 50.00' 30.00' -\/-20.00>-\ /— P.O.B. 40 I I o o I I 2�00 Op,. I map T ,° ° o I o ° ° I ° I I w I w Q ;� L I oLo w Z I 00 I V I I I I I N31-10'00"W 50.00' ALLY �p, LAND SU9 rn �7 vv�c�G�PFtLES FyF�o COASTAL LAND SOLUTIONS.INC. u� CLS577 SECOND STF1EEf cN L.S. 7959 ENCINITAS, CA 92024 2 8-16-18 FAX (760) 230-6026 CALIF��P S N C. GLERT, L.S. 7959 DATE CLS#1533ESMT r 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.