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2019-10396 ,f- Recording Requested By: ) DOC# 2019-0010396 IIIIII IIIII IIIII IIIII III IIIIII IIIII IIII IIIII IIIII I III IIIII IIII II City of Encinitas ) Jan 10, 2019 12:57 PM OFFICIAL RECORDS When Recorded Mail to: ) Ernest J. Dronenburg, Jr., Clerk SAN DIEGO COUNTY RECORDER City ) FEES: $0.00 (S132 Atkins: $0.00) City of Encinitas ) PCOR: N/A 505 South Vulcan Avenue ) PAGES: 9 Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY �q DOCUMENT TRANSFER TAX: $0 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY APN: 216-041-20/ 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 Delawa limited liability company Its: Manage By: Date: Name. L wren ce c el Title: nager 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�„�.� � � ) q 1 On before me, 1.• ; a Notary Public in and for said State, personally appeared I CL4, ) r-C. Z`E , who proved to me on the basis of satisfactory evidence to be the person whose name is/are° subscribed to the within instrument and acknowledged to me that he/sheMioy executed the same in his/hee4heir authorized capacity(ipS), and that by his/her their signature(p) 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. DEBI L.MOORE WITNESS my hand and official seal. Commission#2139933 -- Notary Public-California Z San Diego County V M Com .Ex ires Jan 11,2020 Signature (Area for Notary Seal) r 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. igCnff::�o� 4CUi E 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 �l County of �Q-'►'1 SS. On q — before me, ` '1 S k M©k ,Notary Public, DATE personally appeared _3 W 4 Cd — , l� ►wl+'►'� �� ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s is re subscribe the within instrument and ac l�dged to me th Whe he/t hey executed the sa hi er/their authorapacity(ies), and that b hi /her/their signature(s) on the instrument the per n(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANGELA A. SIMON Comm #2182396 OMY NOTARY PUBLIC-CALIFORNIA I certif under PENALTY OF PERJURY under the SAN DIEGO COUNTY y 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. L_ e4 � - i22i�_ 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 R PARTNER(S) TITLE(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) THUMOBFPRINT e 0 SIGNER w 0 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: 216-041-20-00 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, BEING KNOWN AS POINT"X"; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, SOUTH 2 101'00" EAST A DISTANCE OF 220.00 FEET TO SAID SOUTHEAST CORNER; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID SECTION 33, NORTH 89°53'00" EAST A DISTANCE OF 187.02 FEET(RECORD DEED NORTH 89 053'00" EAST 186.07 FEET)TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO LATHAM E. MOORE, ET UX, RECORDED JULY 15, 1957 IN BOOK 6663, PAGE 293 OF OFFICIAL RECORDE; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID MOORE'S LAND, PARALLEL WITH SAID EASTERLY LINE OF LOT 10, NORTH 2°01'00"WEST A DISTANCE OF 184.91 FEET(RECORD DEED NORTH 2 001'00"WEST 135.00 FEET)TO THE NORTHWESTERLY CORNER THEREOF; THENCE NORTH 76 055'48" 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°20'54" EAST, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 76 155'46" EAST TO AN INTERSECTION WITH THE CENTER LINE OF THE CALIFORNIA STATE HIGHWAY AS SHOWN ON DEPARTMENT OF PUBLIC WORKS SURVEY FROM ENCINITAS TO OCEANSIDE, ROAD XI-SD-2-B, SAID INTERSECTION BEING A POINT ON THE ARC OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 2,400.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND CENTER LINE TO AN INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF THE NORTH 7 ACRES OF LOT 10 OF SAID SECTION 33, AS SAID SOUTH LINE IS SHOWN ON RECORD OF SURVEY NO. 528; THENCE ALONG SAID PROLONGATION, SOUTH 89°53'WEST, TO AN INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID CALIFORNIA STATE HIGHWAY; THENCE CONTINUING ALONG SAID EASTERLY PROLONGATION, SOUTH 89°53'WEST TO THE EAST LINE OF SAID LOT 10; THENCE SOUTH ALONG THE EAST LINE OF LOT 10 TO POINT"X" REFERRED TO ABOVE; THENCE NORTH 89°53' EAST A DISTANCE OF 177.37 FEET; THENCE NORTH 76 055'46" EAST A DISTANCE OF 142.36 FEET TO THE SOUTHWEST LINE OF THE CALIFORNIA STATE HIGHWAY XI-SD-2-B; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID HIGHWAY 36.88 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. AND so,Q` 7 s� aP oFeAU�� EXHIBITS' HIGHWAY DEDICATION FOR ASSESSORS PARCEL NUMBER: 216-041-20-00 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, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ALONG SAID PROLONGATION OF THE SOUTH LINE OF THE NORTH 7.00 ACRES OF LOT 10, NORTH 89°23'08"WEST, 100.40 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID CALIFORNIA STATE HIGHWAY XI-SD-2-B; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE AS SHOWN ON PARCEL MAP NO. 18587, SOUTH 34°41'00" EAST, 295.50 FEET TO THE BEGINNING OF A 2350 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 65°51'34" EAST; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTHWESTERLY ALONG THE ARC OF SAID 2350.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 02°50'33",AN ARC DISTANCE OF 116.58 FEET,TO AN INTERSECTION WITH SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED SEPTEMBER 9, 2008 AS FILE NUMBER 2008-0479387; THENCE LEAVING SAID WESTERLY RIGHT OF WAY, ON A PROLONGATION OF SAID SOUTH LINE, NORTH 77 039'40" EAST, 50.60 FEET TO A POINT ON SAID CENTERLINE OF CALIFORNIA HIGHWAY XI-SD-2-B AND SAID 2400.00 FOOT RADIUS CURVE; THENCE NORTHWESTERLY 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 THE TRUE POINT OF BEGINNING. CONTAINING.0.573 ACRES, MORE OR LESS. LAND Soh' Nr 7892 , PARCELS w So o So 160 PM V 8507 SCALE 1" = 80' BOOB 22517 \ N89 23'08"W _ 100.40' T.P.0.B. SOUTH LINE NORTH 7.00 ACRES LOT 10 SEC 33 CIL HIGHWAY MAP 7274 /9/ �• / Qopo nMo / �f16�04i10�000o Oo ��- �� o .o o_ L l—N7739'40"E 50.60' BOB 22517 C1—0=02 50'33" / R=2350.00' / L=116.58' • 13�,,E�/ / SOUTH LINE / DEED RECD 9-9-2008 / FILE NO. 2008-0479387 MAP 7274 BOB 220 7 I p LAND SU �f16�04�l���1 000 7632 I \ Of CAl1F0 SHALE 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 V// STREET DEDICATION PLAT APPLICANT PRgPARED BY. PROJECT: A.P.N. 216-041-20-00 W2007 ENCINITAS CGS 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.