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2019-226353 " DOC# 2019-0226353 IIIII II 11111111111 III IIIIIIIIIIIIIII IIII II 111111 Recording Requested By: ) Jun 11, 2019 03:55 PM G ) OFFICIAL RECORDS City of Encinitas ) Ernest J. Dronenburg, Jr., / SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) When Recorded Mail to: ) City Clerk ) PAGES: 9 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DOCUMENT TRANSFER TAX: 0 EASEMENT FOR PUBLIC STREET PARKING Assessor's Parcel No: 261-112-05-00 Case #: 18-023 Address: 2441 .Montgomery St INTERTIDE PROPERTIES, INC., 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 Parking, 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. RANT R(S): �. 7. 0 Brian- am resident of Intertide Properties Inc. Date 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 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. -7 9 Edward J. Wim e Date City Engineer Development Services Department City of Encinitas 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 �'V1 T_�) C AAd SS. On Z() Ti , before me, �0, r '►0 h ,Notary Public, DATE pp personally appeared l7 ,O..rl Ceky-nb\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is/ e subscribed the within instrument and ackrp edged to me tha e he/they executed the same I er/their authoriz capacity(ies), and that by is/ er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. °'�� ANGEIA A. SIMON +n , I certify under PENALTY OF PERJURY under the V, o NO ARYL UBLIC. LIFORNA laws of the State of California that the foregoing Mr Coa�iu.��C Nrf paragraph is true and correct. -2,2021 WITNESS my hand and official seal. �j - __X 01"j, a - '�� 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) UTLE(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) THUMB RINT a s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE 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 0-n t_> O SS. On ZO I cj , before me, �1 ,Notary Public, DATE \\ \ personally appeared 1�c��wC�� " vin V_n ieC_ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is are subscribed o the within instrument and acicn� edged to me th he(she/they executed the sa is er/their autho ' apacity(ies), and that b his 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 I certify under PENALTY OF PERJURY under the -. Comm.#2182396 rn laws of the State of California that the a r g NOTARY PUBLIC-CALIFORNIA foregoing SAN DIEGO COUNTY is true and correct. MY Comm.Exp.MAR.2,2021 paragraph WITNESS uiv hand and official seal. 6 'k 6, ln�'e — 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 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 A NAME OF PERSON(S)OR ENnTY(IES) THUMBPRINT OF E SIGNER 0 a a APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017VALLEY-SIERRAINSURANCE EXHIBIT "A" Property Legal Description All that real property in the City of Cardiff, County of San Diego, State of California, described as: Lots 37 and 38 in Block 10 of Cardiff, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1298, filed in the Office of the County Recorder of San Diego County, November 14,1910. This Legal Description is made pursuant to that certain Certificate of Compliance Recorded May 22, 2014 as Instrument No. 14-211039 of Official Records. Commonly Known as 2441 Montgomery Avenue, Cardiff by the Sea, Ca. 92007. EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT A strip of land 2.80 feet wide over Lots 37 and 38 in Block 10 of Cardiff, in the City of Encinitas, County of San Diego,State of California, according to Map thereof No. 1298. The Southwest line of said strip of land being the Southwest line of Lots 37 and 38 in Block 10 of Cardiff, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1298, filed in the Office of the County Recorder of San Diego County, November 14,1910. 1! LS 8253 EXHIBIT "C" SHEET 1 OF 1 SHEET PLAT OF EASEMENT R/W ALLEY h R1W N3328'19"W_ 50.01' R/W MAP 1298 LOT 39 BLK 10 LOT 36 SCALE 1= 20' 2441 MONTGOMERY A VE. �u rn Nl I-W� LOT 38 LOT 37 Z LEGAL DESCRIPTION LOT 37 TOGATHER W11H LOT 38 IN BLOCK 10, IN ME CfTY OF ENCINITAS, COUNTY OF SAN DIEGO, MAP HREOF NO, 1298, GRANTOR PROPERTY LEGAL DESCRIPRON. LEGAL PER EXHIBIT 'A' EX. BMP PLANTER I EASEMENT LEGAL DESCRIP710 LEGAL PER EXHIBIT 'B' O l R/W N332545"W 50.00' R W o AREA OF EASEMENT N N DESCRIP71ON PER EXHIBIT 'B' C/L MONTGOMERY A VENUE —C/L .BOUNDARY BEARINGS AND DISTANCES FOR THIS PLAT PER LEGAL DESCRIPTION IN VES77NG DEED TO PROPERTY DOC# 2018-0138284 EXHIBIT "A", PER MAP 1298, AS SHOWN ON CORNER RECORD 39�,-, FILED OCTOBER 07, 2016. PREPARED BY 0 /yam-✓ �G.�� �t�'� EXP. I X GREGORY A. CAUDILL, LS- 8253 DATE 5-29-19 LICENSE EXPIRES 12-31-20 u CRS\F�� G.A.C. ENGINEERING and LAND SURVEYING 27475 YNEZ ROAD#294,TEMECULA CA 92591 Voice:760.594-4889 'Email:gcaudilf.gac@gmall.com EXHIBIT "D" Terms and Conditions for Easement for Public Street Parking The easement made by the Grantor named in the document offering the easement for public street parking for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The easement 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 parking, 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. 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. Additionally, Grantor agrees to maintain improvements within the easement area as originally installed per grading plan 12448-G on file in the City of Encinitas. 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 easement 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 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.