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2018-499563 DOC# 2018-0499563 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) Dec 04, 2018 04:03 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: ) PAGES: 11 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY RETAINING WALL AND FOOTING 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 APART 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 Retaining Wall and Footing Easement, subject to the terms and conditions set forth in EXHIBIT "D" which is attached and made a part hereof, over the real property described 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. G ANTOR(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 Re olution of the C' Council of the City of Encinitas adopted on November 9, 1994 an the gr t c s is to recordation thereof by its duly authorized officer. Date Br n a Wisneski De lopment Services Department Director City of Encinitas 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. WITNESS my hand and official seal.. %,.mMY A. D. ROMER O Commission#2127943 z Notary Public-California San Diego County Comm, Ex ices 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 ---Z:� ---20 1 , before me, Nna-edo\, A , ,Notary Public, DATE 11 I personally appeared 'r e 1rl D� J 1 s n'�S ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s 02dgied are subscribed tot within instrument and aO, or to me that he/ he they executed the same their authorized acity(ies), and that by hi r signature(s) on the instrument the persohe entity upon behalf of wh ich the person(s) acted, executed the instrument. °• ANGELA A. SIMCN CoMM.#2182396 NOTARY oE�co.c CALIFORNIA I certify under PENALTY OF PERJURY under the My Comm.EXP.MAR.2,2021-' laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE 0 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 OFATTACHED DOCUMENT F1 INDIVIDUAL F] 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 s NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF SIGNER $ 0 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 FOOTING EASEMENT 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; 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 80.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86 039'41"WEST 152.30 FEET; THENCE SOUTH 74 028'30" WEST 28.96 FEET; THENCE SOUTH 15 031'30" EAST 6.08 FEET; THENCE NORTH 74 028'30" EAST 28.32 FEET; THENCE NORTH 86 039'41" EAST 151.65 FEET; THENCE NORTH 03 020'19" WEST 6.08 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,098 SQUARE FEET MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT 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; 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 75.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 03 020'19" EAST 7.70 FEET; THENCE SOUTH 85 001'29"WEST 56.03 FEET; THENCE SOUTH 80 057'02" WEST 50.25 FEET; THENCE SOUTH 85 044'23" WEST 47.73 FEET; THENCE SOUTH 74 028'30"WEST 39.35 FEET; THENCE NORTH 15 031'30"WEST 16.98 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°07'52" EAST AND LENGTH OF 146.89 FEET; THENCE ALONG SAID EASTERLY RIGHT OF WAY NORTH 74 028'30" EAST 10.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY SOUTH 15 031'30" EAST 1.48 FEET TO THE NORTHWESTERLY CORNER OF THE HEREIN ABOVE DESCRIBED FOOTING EASEMENT; THENCE ALONG THE HEREIN ABOVE DESCRIBED FOOTING EASEMENT THE FOLLOWING COURSES: SOUTH 15 031'30" EAST 6.08 FEET; THENCE NORTH 74 028'30" EAST 28.32 FEET; THENCE NORTH 86°39'41" EAST 151.65 FEET; THENCE NORTH 03 020'19"WEST 6.08 FEET; THENCE LEAVING THE HEREIN ABOVE DESCRIBED FOOTING EASEMENT NORTH 86 039'41" EAST 5.08 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,318 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 MICHAEL SCHLUMPBERGER,LS 7790 1 N p Q -A O.. DATE cwt U p in Exp. 'A No. 7790 e~�q EXHIBIT " B " S89'18'3o°Ws ; 14 1882.00' - - 22 1'23 SANTA FE DRIVE sao•o1'oo"w T13S 1 M S 611 EASTERLY R/W 30.00' R4W 11—SD-5 MS 611 S89'1 8'30„W 111.81' ( S00'01'00„W — = ---- -- - .104.86: — F_ - - 4.14' .28 3 N84'2210 V $86'39.' „ 7 :4�. • �„ 152:30' 6 56.03' „ . 50:25' „ S85'01'29 W FOOTING EASEMENT 47.73' W \ � S80•57 02 39.36„w 585'44'23"W APN:26O-121-15 5742830 BOOK 519 PAGE 123 WEST LANE OF GRANT DEED RECORDED NOVEMBER 8, 1972 WESTERLY LINE OF GRANT DEED AS FILE/PAGE NO. 299178 RECORDED MAY 20, 1936 IN LINE TABLE BOOK 519 PAGE 123 O.R. LINE BEARING LENGTH L1 NO3 20'1.9°W 6.08' L2 S03.20'1 9.„E 7.70' ROS 2058 L3 N1531'30„W 16.98' CR 16036 L4 N7428'30„E 10.00' L5 S15.31'30„E 7.56' L6 N7428'30°E 28.32' L7 N86'39'41„E 5.08' L8 S74'28'30„W 28.96' SCALE: 1"=40' NOTE: BEARINGS & DISTANCES SHOWN HEREON ARE BASED ON DENOTES FOOTING EASEMENT AREA RECORD IN PER ® 1,098 SQUARE FEET MORE OR LESS CORNER RECORD 16036. DENOTES TEMPORARY CONSTRUCTION EASEMENT AREA LAND S� THIS PLAT WAS PREPARED BY ME OR 1,318 SQUARE FEET MORE OR LESS C� SCHLV 'pG UNDER MY DIRECTION IN CONFORMANCE WITH C� v� M'O THE PROF20�AND SURVEYOR'S ACT. �F o - CITY OF ENCINITAS nlo��.�be� 2£ TpiB U No. 7790 X MICHAEL L. SCHLUMPBERGER, PLS 7790 Up. �9 1.2 31 1 Right-Of-Way Engineering Services, Inc. VESTING: SAN DIEGUITO IRRIGATION DISTRICT,615 S. Tremont Street • Oceanside, CA .92054 A PUBLIC CORPORATION CA�-� (760) 637-2700 FAX (760) 637-2701 Job No. 1209-0036-06 DATE: AUGUST 30, 2018 SHEET 1 OF 1 f 4 EXHIBIT C. DESCRIPTION PARCEL 1: 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. 35.75, 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 NO. 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 890 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, 196.1 AS FILE NO. 139021, OFFICIAL RECORDS. d EXHIBIT «D" Terms and Conditions for Dedication of Retaining Wall and Footing Easement The dedication made by the Grantor named in the document dedicating a retaining:wall and footing 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"rig ht-of-way upon, through, under, over, and across the hereinafter described real property. for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a ..retaining wall and associated wall footing, 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 any 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 sucK manner and at such locations as said ::Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said structures incidental thereto. 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. his: grant is situated. in the City,of .En.cinitas, 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, improvement that will .interfere with the use of said easement and right-of-Way by 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 proceduresAn 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 wall and footing 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 N 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.