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2019-10408 Recording Requested By: ) DOC# 2019-0010408 City of Encinitas ) Jan 10, 2019 01:02 PM OFFICIAL RECORDS When Recorded Mail t0: ) Ernest J. Dronenburg, Jr., Clerk SAN DIEGO COUNTY RECORDER City ) FEES: $0.00 (SB2 Atkins: $0.00) City of Encinitas ) PCOR: N/A PAGES: 9 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY 1 DOCUMENT TRANSFER TAX: $0 1- EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY APN: 216-041-26� 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 Delaw a limited liability company Its: Manage C� By: Date: J a" • l I Zy Name' Lajlrence ck I Title: ager Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. t 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 S On �A y�y`Or✓ i �� before me, � a No Public in and for said State, personally appeared who proved to me on the basis of satisfactory evidence to be the person( whose name ) is/ate subscribed to the within instrument and acknowledged to me that he/sly executed the same in his/herf heir authorized capacity(, and that by his/herftheir signatureo on the instrument the person(,r; ( ), or the entity upon behalf of which the person 0 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 sea rA DEeI L.MooRE Commission#2139933 z < •� Notary Public-California i = San Diego County Signature M Comm.Ex ires Jan 11,2020 (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 Oncinitas 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 SGiv\ SS. On _ 20 l ` , before me, I -vlL 0, M 0 n ,Notary Public, DATE personally appeared W0, nn ✓►'ter ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s is are subscribed the within instrument and ackn ged to me th he she/they executed the sam is er/their authori capacity(ies), and that by is er/their signature(s) on the instrument the pers n(s), or the entity upon behalf of which the OF ANGELA A. SIMON person(s) acted, executed the instrument. comm.#2182396 o NOTARY PUBLIC-CALIFORNIA I certify nder PENALTY OF PERJURY under the SAN DIEGO COUNTY y My COMM.Exp.MAIL.2.2021 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. omo��a 1�t� - PLACE NOTARY SEAL IN ABOVE 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 F1 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s NAME OF PERSON(S)OR ENTITY(IES) THUMOBF RINT 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' HIGHWAY DEDICATION FOR ASSESSORS PARCEL NUMBER: 216-041-26-00 BEING A OF PORTION OF PARCEL 1 OF PARCEL MAP NO. 18587, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 21, 2000, AS FILE NO. 2000- 0635224; MORE PARTICULARLY DESCRIBED IN THE HEREON ATTACHED LEGAL DESCRIPTION, EXHIBIT B AND DELINEATED ON THE HEREON ATTACHED PLAT THEREOF, EXHIBIT C. LAND SUq� C' GRO F� t �FCAL1w��� EXHIBITS' HIGHWAY DEDICATION FOR ASSESSORS PARCEL NUMBER: 216-041-26-00 COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 18587, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 21, 2000, SAID CORNER BEING ON THE WESTERLY RIGHT OF WAY LINE OF STATE HIGHWAY XI-SD-2-B AS SHOWN OF PARCEL MAP NO. 18587, ALSO KNOWN AS NORTH COAST HIGHWAY 101 SAID CORNER ALSO BEING THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID PARCEL 1 AND SAID WESTERLY RIGHT OF WAY OF STATE HIGHWAY XI-SD-2-B, NORTH 34°26'31"WEST, 377.75 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE OF SAID PARCEL 1 AND SAID WESTERLY RIGHT OF WAY, NORTH 43°00'55" WEST, 22.23 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE LEAVING SAID EASTERLY LINE OF SAID PARCEL 1 AND SAID WESTERLY RIGHT OF WAY, ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 47 043'25" WEST, 3.94 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE OF CALIFORNIA HIGHWAY XI-SD-2-B AS SHOWN ON RECORD OF SURVEY NO. 20809, RECORDED SEPTEMBER 22, 2010 AS FILE NO. 2010-0504205; THENCE LEAVING SAID NORTHERLY LINE, ALONG SAID WESTERLY RIGHT OF WAY,AS SHOWN ON SAID RECORD OF SURVEY NO. 20809, SOUTH 43°00'55" EAST, 13.07 FEET TO AN ANGLE POINT IN SAID WESTERLY RIGHT OF WAY; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY AS SHOWN ON SAID RECORD OF SURVEY NO. 20809, SOUTH 34°41'00" EAST, 383.71 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 1; THENCE LEAVING SAID WESTERLY RIGHT OF WAY AS SHOWN ON RECORD OF SURVEY NO. 20809, ALONG SAID SOUTH LINE, SOUTH 89°23'08" EAST, 4.46 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.040 ACRES, MORE OR LESS. LA�lD SG9 7 �OFCAU���\� 80 0 80 160 \ SCALE 1" = 80' lR 0 � CIL HIGHWAY C cj T Cs -pool cps FARC ELF I PM 18587 50 7 A.P.M. 216-04W-26-00 -ROoS 22517 T.P.O.B. SOUTH LINE OF PARCEL 1 PARCEL MAP N0. 18587 L 1 MAP 7274 ROO 225V 7 AND SURD 7632 * L 1 - N89 23'08"W 4.46' L2 - N43'00'55"W 22.23' L3 - S47 4325"W 3.94' L4 N S43 00'55"E 13.07' IFQF CAL�� � H LE 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. PREPARE BY.• PROJECT.• A.P.N. 216-041-26-00 W2007 ENCINITAS �j p�� ENCINITAS BEACH EXHIBIT C RESORT CO. , LLC DALE C. GROSS PLS 7632 RESORT 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.