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2018-499562 DOC# 2018-0499562 �� I IIIII IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) Dec 04, 2018 04:03 PM l OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City of Encinitas ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (S132 Atkins: $0.00) When Recorded Mail to: PCOR: NSA 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 PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENE - UTILITY EASEMENT APN: 260=121-15 Project No.: CS07B . SAN DIEGUITO WATER DISTRICT, FORMERLY SAN DIEGUITO IRRIGATION DISTRICT, hereinafter called GRANTOR, is the owner of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT 'C"ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR does hereby grant, convey, and dedicate for good and valuable consideration the receipt of which is hereby acknowledged (fair market value equivalent) 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 EXHIBIT "D" which is attached and made a part hereof, over the real property describe_d as follows: SEE EXHIBITS "A" and "B"ATTACHED HERETO AND MADE A PART HEREOF. In addition. to the.terms and conditions set forth in EXHIBIT "D", the following condition applies: GRANTEE agrees to construct improvements as described in the City of Encinitas City Council staff report dated November 14, 2018 for the benefit of the real property described in EXHIBIT "C". GRANTEE and GRANTOR hereby agree that the . valuable consideration specified above includes full and final payment by GRANTOR. GR NTOR(S): William C. O'Donnell, General Manager Date San Dieguito Water District 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 olutign of the Cit Council of the City of.Encinitas adopted on November 9, 1994 an the grant co se is to recordation thereof-by* its duly authorized officer. T Il-z7�-18' Date Br a a Wisneski De Iopment Services Department Director = City of Encinitas r , 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 San Diego ) On 27 November, 2018 before me, A. D. Romero, Notary Public (insert name and title of the officer) . personally appeared William C. O'Donnell 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. A.D.ROMERO WITNESS my hand and official. seal. Commission 2127943 z Notary Public-California z z San'Diego County My Comm.Expires Oct 22,2019 Signature (Seal) 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 SS. On 2P I FS'- , before me, 1Y�C� ��� J� YY101�1 , Notary Public, DATE II 1 M personally a eared �j�'E'_V�G� W S n-e-sk p y pp who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s i re subscribed to PeNwithin instrument and acknow1p4ged to me that he she hey executed the same in e heir authorized capacity(ies), and that by his/ e their signature(s) on the instrument the �OP� ANGELA person(s), or the entity upon behalf of which the �t CDMM.#2182396 in person(s) acted, executed the instrument. N r Y NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MY Comm.ExP.MAR.2,2021^' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tru and correct. WITNES my ha d and offici seal. PLACE NOTARY SEAL IN ABOVE SPACE # OTARY'S SIGNATURE OPTIONAL INFORMATION`: The information below is optional. However,it may prove valuable and co>xld prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT F] INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITI.E(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT a OF E s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "A" LEGAL DESCRIPTION VESTING: SAN DIEGUITO IRRIGATION DISTRICT APN: 260-121-15 EASEMENT FOR STREET RIGHT OF WAY THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13.SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 22 AS SHOWN ON RECORD OF SURVEY 2058 RECORDED FEBRUARY 9, 1949 AS FILE NO. 12618; THENCE ALONG THE NORTH LINE OF SAID SECTION 22 SOUTH 89 018'30"WEST 1882.00 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00 001'00" WEST 30.00 FEET TO THE SOUTHERLY LINE OF SANTA FE DRIVE AS SHOWN ON SAID RECORD OF SURVEY 2058 AND THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN GRANT DEED RECORDED NOVEMBER 8, 1972 AS FILE/PAGE NO. 299178 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF SAID GRANT DEED SOUTH 00 001'00" WEST 4.14 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 86 039'41" WEST 232.87 FEET; THENCE SOUTH 74 028'30"WEST 28.96 FEET; THENCE NORTH 15 031'30"WEST 1.48 FEET TO A LINE ON THE EASTERLY RIGHT OF WAY OF 11-SD-5 AS SHOWN ON HIGHWAY MONUMENTATION MAP MS 611, SHEET 32 OF 36, HAVING A BEARING OF NORTH 75°0752" EAST AND LENGTH OF 146.89 FEET; THENCE ALONG SAID EASTERLY RIGHT OF WAY NORTH 74 028'30" EAST 46.31 FEET TO AN ANGLE POINT IN SAID EASTERLY RIGHT OF WAY; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY NORTH 84 022'10" EAST 104.86 FEET TO AN ANGLE POINT IN SAID EASTERLY RIGHT OF WAY AND SAID SOUTH LINE OF SANTA FE DRIVE AS SHOWN ON RECORD OF SURVEY 2058; THENCE ALONG SAID SOUTH LINE NORTH 89 018'30" EAST 111.81 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,603 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. SIGNATURE ` LAMP MICHAEL SCHLUMPBERGER;LS M0 DATE Exp.,? ' . �A No. 7790 EXHIBIT " 1399 S89*1 8'30"W 15 1.14. . _ _ _ 1882.00' _ SANTA FE DRIVE soo'01'o0"w 2212 T13S i MS 611 EASTERLY R/W�� 30.00' R4W 11—SD—.5 MS 611 N89'18'30"E 111.81' r- - - ---- - - - - -- 104.86' S86'39'41"W 232.87'' L3 . APN:260-121-15 BOOK 519 PAGE 123 WEST ONE OF GRANT DEED RECORDED NOVEMBER 8, 1972 WESTERLY LIE OF GRANT DEED. AS FILE/PAGE NO. 299178 RECORDED MAY 20, 1936 IN BOOK 519 PAGE 123 O.R. ROS 2058 UNE TABLE CR 16036 LINE BEARING,: LENGTH L7; SO0 01'OOpw 4.14' L2 S74'28'30"W :28.96' L3 N15°3V30"W 1.48' SCALE: 1"=40' NOTE: BEARINGS & DISTANCES SHOWN HEREON ARE BASED ON RECORD INFORMATION PER CORNER RECORD 16036. DENOTES STREET DEDICATION AREA 1,603 SQUARE FEET MORE OR LESS O' LAND.S� THIS PLAT WAS PREPARED BY ME-OR SGHLV �L UNDER MY DIRECTION IN CONFORMANCE WITH V� v� Mo F.� TH PROFESSIONAL SURVEYOR'S ACT. fi ��� CITY OF ENCINITAS o �oderr,6Gl Z8 ZO/8 No. 7790 2 MICHAEL L. SCHLUMPBERGER, PLS 7790 1 a1 1s ` VESTING: SAN DIEGUITO IRRIGATION DISTRICT,s Exp. Ri ht—Of—Waa Engineering Services, Inc. A PUBLIC CORPORATION "9T pe" 615 S. Tremont Street • Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 . Job No. 12G9-0036-06 DATE: AUGUST 30, 2018 SHEET 1 OF 1 EXHIBIT C DESCRIPTION PARCEL 1: f LOT 13 OF BROWN WANKET SUBDIVISION UNIT NO. 1, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, State of California, ACCORDING TO MAP THEREOF NO. 3575, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 27, 1956. PARCEL 2: THAT PORTION OF LOT 14 OF BROWN WANKET SUBDIVISION UNIT NO. 1, ACCORDING TO MAP THEREOF N0. 3575 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 27, 1956, AND THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN-BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, CONVEYEY TO THE State of California BY DEED RECORDED JUNE 12, 1961, IN SERIES 2, BOOK 1961 AS FILE NO. 99980, IN RECORDS OF SAID COUNTY LYING SOUTHERLY OF COURSE (2) AND EASTERLY OF COURSE (3) OF THE FOLLOWING DESCRIBED LINE.: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 22, DISTANT ALONG SAID LINE NORTH 890 57'. 52" EAST, 700.17 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 22, SAID QUARTER CORNER BEING MARKED BY A 2 INCH X 2 INCH HUB AND TACK, HAVING COORDINATES Y-317,922.51 FEET AND.X=1, 684,099.51 FEET; THENCE SOUTH 00 02' 08" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING NUMBERED COURSES; (1) SOUTH 850 01' 32" WEST, 105.00 FEET; (2) SOUTH 750 07' 52" WEST, 146.39 FEET; (3) SOUTH 100 10' 18" EAST, 274.61 FEET; (4). SOUTH 240 33' 05" EAST, 214.27 FEET; (4) THE SOUTHERLY LINE OF SAID BROWN WANKET SUBDIVISIONS; (5) NORTH 89° 59' 10" EAST 153.95 FEET TO THE SOUTHEASTERLY CORNER OF LOT 29 OF SAID BROWN WANKET SUBDIVISION, SAID CORNER BEING MARKED BY A 3/4 INCH IRON PIPE AT COORDINATES Y=317,381.13 FEET AND X=1,684, 854.08 FEET. PARCEL 3: THE NORTHERLY 162.00 FEET OF THE WESTERLY 275.00 FEET OF THE EASTERLY 2157.00 FEET OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, IN THE COUNTY OF SAN DIEGO, State of California, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. SAID NORTHERLY 162.00 FEET BEING MEASURED ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND SAID WESTERLY 275.00 FEET AND SAID EASTERLY 2157.00 FEET BEING MEASURED ALONG THE NORTHERLY LINE OF SAID SECTION 22. EXCEPTING THEREFROM THAT PORTION LYING. NORTHERLY OF THE SOUTHERLY BOUNDARY OF THAT PORTION OF _CALIFORNIA STATE HIGHWAY XI-SD-2-A AS DESCRIBED IN DEED- TO THE State of California, RECORDED AUGUST 14, 1961 AS FILE NO. 139021, OFFICIAL RECORDS. EXHIBIT "D" Terms and Conditions for Dedication of Public Pedestrian Access, Drainage, and General Utility Easement The dedication made by the Grantor named in the document dedicating a 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 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 temporary construction 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, 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. With the exception of the proposed chain link fence, maintenance of the proposed improvements shall be the responsibility of Grantor. 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 this document. 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 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. s ♦ 6 1 J 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. Grantee agrees for the benefit of the property to construct improvements as described in the City of Encinitas City Council staff report dated November 14, 2018. 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.