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2019-329035 ` DOC# 2019-0329035 �� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recording Requested By: ) Aug 06, 2019 03:57 PM OFFICIAL RECORDS City of Encinitas ) SAN DIEGO J COUNTY RECORDER FEES. So 00 (SE2 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: EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 254-112-83 Building Permit #: 18-2272/2273 Address: 1369 Hvaeia Ave BRUCE V HAFER AND JOAN E. HAFER Trustees of the Bruce and Joan Hafer Familv Trust, dated April 4. 2014, 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, doles) 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. GRA�TOR(S): Bruce V. Hafer, Own Date Jo afer, Owner Date Signature of"GRANTOR(S)"to be notarized. 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 ) ) ss. County of San Diego ) On July 30, 2019, before me, Janice L. Rogers, a Notary Public, personally appeared Bruce V. Hafer and Joan Hafer, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entities upon behalf of which the persons 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. (Seal) JAMCE L. ROO RS COMM.0 21100,2 NOTARY PURUC OCAUX ORWA SAN DIEGO COUNTY Comm.Exp.FEB. 10,2020 Signatu JANICE L. ROGERS COMM.N 2140024 IV 3 NOTARY PUBLIC•CALIFORNIA n SAN DIEGO COUNTY Comm.Exp.FEB. 10,2020 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. Edward J. Wi r 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 y� County of Sin J )('e _ � SS. On —20 (0 before me, J! f "dilh ' `' yl mMn Notary Public, DATE ` personally appeared Lk)A Ir M e-1' ,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s is/ a subscribedA the within instrument and ackgdWlec ged to me th he he/they executed the sa his er/their authori capacity(ies), and that by hi R6/their signature(s) on the instrument the per n(s), or the entity upon behalf of which the person(s)acted, executed the instrument. + °4 ANGELA A. SIMON I certify under PENALTY OF PERJURY under the a'� NGELA A. 82396 N B NOTARYI'MM-GDFORNU N laws of the State of California that the foregoing SAN D1Ew COUNTY 11r Comm UP.MAR 2,2021 paragraph is true and correct. WITNESS my hand and official seal. 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) TTT E(S) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATEOFDOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMGBFPRINT LC SIGNER o 6 APA01/2015 NOTARY BONDS,SUPPLIESAND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that portion of Lots 14, 15, and 16 in Block 36 of North Leucadia, in the County of San Diego, State of California, according to Map thereof No. 524, filed in the office of the County Recorder of San Diego County, April 6, 1888, together with the alley vacated in said Block 36 and the Easterly 20 feet of Hygeia Avenue vacated adjoining said Block 36 on the West, and the Southerly half of Marathon Street, vacated adjoining said property on the North more particularly described as follows: Beginning at the intersection of the centerline of said Marathon Street with the Westerly line of said Easterly 20 feet of Hygeia Avenue; thence North 74 014'44" East along said centerline a distance of 159.79 feet to the Easterly line of said vacated alley; thence South 15 037'30" East along the Easterly line of said vacated alley a distance of 65.59 feet to the true point of beginning; thence continuing South 15 137"30" East along the Easterly line of said vacated alley a distance of 112.25 feet to the Southerly line of said Map No. 524; thence North 89 021'52" West a distance of 166.24 feet to the Westerly line of said Easterly 20 feet of Hygeia Avenue, thence North 15 042'38" West along the Westerly line of said Easterly 20 feet of Hygeia Avenue a distance of 65.46 feet; thence North 74 017'22" East a distance of 159.69 feet to the true point of beginning. EXHIBIT"B" LEGAL DESCRIPTION OF EASEMENT An easement for Public Street Right-of-Way along the Easterly side of Hygeia Avenue over the westerly 5.00 feet of the following described property: All that portion of Lots 14, 15, and 16 in Block 36 of North Leucadia, in the County of San Diego, State of California, according to Map thereof No. 524, filed in the office of the County Recorder of San Diego County,April 6, 1888,together with the alley vacated in said Block 36 and the Easterly 20 feet of Hygeia Avenue vacated adjoining said Block 36 on the West,and the Southerly half of Marathon Street,vacated adjoining said property on the North,more particularly described as follows: Beginning at the intersection of the centerline of said Marathon Street with the Westerly line of said Easterly 20 feet of Hygeia Avenue;thence North 74 014'44"East along said centerline a distance of 159.79 feet to the Easterly line of said vacated alley; thence South 15037'30" East along the Easterly line of said vacated alley a distance of 65.59 feet to the true point of beginning: thence continuing South 15°37'30"East along the Easterly line of said vacated alley a distance of 112.25 feet to the Southerly line of said Map No. 524;thence North 89°21'52" West a distance of 166.24 feet to the Westerly line of said Easterly 20 feet of Hygeia Avenue; thence North 15°42'38"West along the Westerly line of said Easterly 20 feet of Hygeia Avenue a distance of 65.46 feet;thence North 74 017'22"East a distance of 159.69 feet to the true point of beginning. Con 331 squaryfeet,more or less. ENO SEWh �G9G m a o No.Sol I �` o /g r9 Exp.t2U3l� Joel A. Waymire Date L.S. 8011 Exp. 12-31-2020 �OFCAL�F� I EXHIBIT 'C' oQaa ss/ LEGEND W EX. RIGHT-OF-WAY * IX. LOT LINE �L \Q EASEMENT FOR OF CM&AL PUBLIC R/W SCALE.• 1' = 30' N74'14'44 E 159.79' _ Po1NT OF COMMENCEMENT �\ 45' h APN 254-112-82 •o LAJ 3 !'y w TRUE POINT OF BEGINNING 5.00' — N74'14'22 E 159.69' Lij 3 154.69' oz- Q W h � O �O 5.00' APN 254-112-83 N N N Lo '? in in Q)ZI to \ !7 W L = say Ngg?�S? 1st p3. pgTrY ass?4, 0 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. 1 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 Grantors 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 revailin art shall be entitled to full reimbursement of all � ' party --.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.