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2019-10423 i ' • Recording Requested By: ) DOC# 2019-0010423 ) 1 111111 IIIII IIIII IIIII III I II I IIIII IIIII I III IIII IIIII I!I IIII II City of Encinitas ) Jan 10, 2019 01:10 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., When Recorded Mail to: ) SAN DIEGO COUNTY RECORDER City Clerk ) FEES: $0.00 (SB2 Atkins: $0.00) City of Encinitas ) PAGES: 9 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY �4A� DOCUMENT TRANSFER TAX: $0 . 1 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY G\ APN: 216-041-21° Case#: 89-014 TPM Encinitas Beach Land Venture I, LLC., a Delaware Limited Liability Company, 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. GRANTOR(S): ENCINITAS BEACH LAND VENTURE I, LLC, a Delaware limited liability company By: FCA Encinitas, LLC, a Delaware limited liability company Its: Member By: Fenway Capital Advisors, LLC, a Delaware limited liability company Its: Manager By: Date: Z� l Name. La ence c el Title: ager Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. 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 ) ) ss. COUNTY OF t�tq ) OnO�V�V�J I before me, a Public in and for sa State, personally appeared L�'c.t,J �Pi►^�-� -q-CL , who proved to me on the basis of satisfactory evidence to be the person whose namepj is/ate subscribed to the within instrument and acknowledged to me that he/sh&they executed the same in his/herftheir authorized capacity(i(pg), and that by his/hreir signatures) on the instrument the person(), or the entity upon behalf of which the person) 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 m hand and official seal. DEBT L.MO213 Y Commission#2139933 •� Notary Public•California i San Diego County Signature MY-Comm.Wires Jan 11,2020 1j (Area for Notary Seal) 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. Sign for City of ncinitas Date Print Name Title 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 1' �-I , before me, D��� J\ �a� , Notary Public, DATE 11 11 personally appeared S L& Yv "-Ve►_ ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ re subscribed the within instrument and ackn^vledged to me that 2e/,he/they executed the sam Is er/their authorize pacity(ies), and that by i /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ------T--- ANGELA A. SIMON person(s) acted, executed the instrument. >♦ CommJ 2182396 ►►nn N : NOTARY PUBLIC-CALIFORNIA Ul SM DIEGO COMY - I certify under PENALTY OF PERJURY under the Gam. MY Comm.ESP.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 INABOVE 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 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 a OF e SIGNER 0 a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017VALLEY-SIERRAINSURANCE EXHIBIT `A' HIGHWAY DEDICATION FOR ASSESSORS PARCEL NUMBER: 216-041-21-00 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST,SAN BERNARDINO MERIDIAN,ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF LOT 10 OF SAID SECTION 33, DISTANT THEREON NORTH 2 001'00" WEST, 220.00 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 2°01'00" EAST A DISTANCE OF 220.00 FEET TO SAID SOUTHEAST CORNER; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION 33, NORTH 89 053'00" EAST A DISTANCE OF 187.02 FEET (RECORD DEED NORTH 89°53'00" EAST 186.07 FEET) TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO LATHAM E. MOORE, ET UX, RECORDED JULY15, 1957 IN BOOK 6663, PAGE 293 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID MOORE'S LAND, PARALLEL WITH SAID EASTERLY LINE OF LOT 10, NORTH 2 001'00"WEST A DISTANCE OF 184.91 FEET (RECORD DEED NORTH 2 001'00"WEST 135.00 FEET) TO THE NORTHWESTERLY CORNER THEREOF; THENCE NORTH 76 155'48" EAST A DISTANCE OF 144.20 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY XI-SD-2-B, SAID POINT OF INTERSECTION BEING IN THE ARC OF A 2,350.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,A RADIAL THROUGH SAID POINT BEARS NORTH 70 020'54" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0 053'57" A DISTANCE OF 36.88 FEET; THENCE SOUTH 76 055'46" WEST A DISTANCE OF 142.36 FEET TO A POINT WHICH BEARS NORTH 89 053'00" EAST A DISTANCE OF 177.37 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°53'00"WEST A DISTANCE OF 177.37 FEET TO THE TRUE POINT OF BEGINNING. SAID HIGHWAY DEDICATION BEING MORE PARTICULARLY DESCRIBED IN THE HEREON ATTACHED LEGAL DESCRIPTION, EXHIBIT B AND DELINEATED ON THE HEREON ATTACHED PLAT THEREOF, EXHIBIT C. LAND G GEgn NFp EXHIBITS' HIGHWAY DEDICATION FOR ASSESSORS PARCEL NUMBER: 216-041-21-00 COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CALIFORNIA STATE HIGHWAY XI-SD-2-B, ALSO KNOWN AS NORTH COAST HIGHWAY 101 AND THE PROLONGATION OF THE SOUTH LINE OF THE NORTH 7.00 ACRES OF LOT 10 OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL U.S. GOVERNMENT PLAT THEREOF; SAID POINT OF COMMENCEMENT BEING ON THE ARC OF A 2400.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 59°55'01" EAST; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID 2400.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 08°58'23", AN ARC DISTANCE OF 375.86 FEET TO AN INTERSECTION WITH THE PROLONGATION OF THE NORTH LINE OF THAT CERTAIN PARCEL, DESCRIBED IN DEED RECORDED FEBRUARY 25, 1972 AS FILE NUMBER 46183 AND TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE, ALONG SAID PROLONGATION, SOUTH 77°39'40" WEST, 50.60 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY AS SHOWN ON PARCEL MAP NO. 18587 OF SAID CALIFORNIA STATE HIGHWAY XI-SD-2-B, SAID POINT BEING ON THE ARC OF A 2350.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 68 042'07" EAST; THENCE SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF SAID 2350.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 00 053'57", AN ARC DISTANCE OF 36.87 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID DEED RECORDED JANUARY 9, 1972 AS FILE NUMBER 46183; THENCE LEAVING SAID WESTERLY RIGHT OF WAY AND THE ARC OF SAID 2350.00 FOOT RADIUS CURVE, ALONG A PROLONGATION OF SAID SOUTHERLY LINE, NORTH 77°39'40" EAST, 50.49 FEET TO A POINT ON SAID CENTERLINE OF CALIFORNIA STATE HIGHWAY XI-SD-2-B, SAID POINT BEING ON THE ARC OF SAID 2400.00 FOOT RADIUS CURVE, A RADIAL LINE TO WHICH BEARS NORTH.69 046'12" EAST; THENCE NORTHWESTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID 2400.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 00°52'48", AN ARC DISTANCE OF 36.86 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.042 ACRES, MORE OR LESS. LAND S�9 V � 7632 (p oFCAI 0ARCEL W 80 0 80 160 PM W 858.7 \ R0S 225V 7 _ \ SCALE 1" = 80' SOUTH LINE \ / POINT OF COMMENCEMENT NORTH 700 ACRES LOT 10 SEC 33 I / I •550 / \ CIL HIGHWAY MAP 7174 \ / \ % / \ - � ROB 225i17 \,1003, \ � I �lopo�nlo ��16 04f1 �0 OOo \ W� ° I L1 — N7739'40"E 50.49' ° IL2 — S77'39'40" W 50.60' T.P.0.B. Cl —A=00 5357" R=2350.00' L=36.87' I C2 —0=00 52'48" R=2400.00' L=36.86' \ I NORTH LINE L2 DEED RECD 2-25-1972 _ FILE NO. 1972-46183 N '01 14-6-6- �i MAP 7274 �532� /69•�g 1 N a i •3g' -3j M 0 LA U 22f16�04�1���1�00 kr �a� J W R00 22.25W 7 7632 �oFCAt�cAe� SHALE E N G I N E E R I N G 7910 CONVOY COURT 858 715-1420 DENOTES AREA TO BE DEDICATED SAN DIEGO, CA 92111 858 715-1424 FAX STREET DEDICATION PLAT APPLICANT.• PREPARED BY- PROJECT. A.P.N. 216-041-21-00 W2007 ENCINITAS Q�a of ��.�� ENCINITAS BEACH RESORT CO. , LLC DALE C. GROSS PLS 7632 RESORT EXHIBIT C 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.