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2019-508310 ti DOC# 2019-0508310 • II I IIII II I IIIII I I III II II II I IIII IIIII IIIII I III IIII II Recording Requested By: ) Nov 05, 2019 04:19 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City of Encinitas ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (S132 Atkins: $0.00) When Recorded Mail to: ) PAGES: 9 City Clerk ) 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 PUBLIC SEWER EASEMENT APN: 258-242-02 Permit No.: 13818-G Site Address: 354 Santa Fe Drive Case No.: 06-066 MUP Scripps Health, a California nonprofit public benefit corporation, 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, a Public Sewer Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-54 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): 2, l Richard Sheridan, Chief Legal Counsel Date Scripps Health Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. o�ti J 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 San Diego ) On August 23, 2019 before me, Yvette R. Villegas, Notary (insert name and title of the officer) personally appeared Richard Sheridan, Chief Legal Counsel who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. YVETTE R.VILLEGAS WITNESS my hand and official seal. Notary Public-California z =i San Diego County n Z Commission #2162661 M .Comm.Expires Aug 14,2020 Signature {I'/ r (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 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. --,// Ld Edward J. Wi r Dat City Enginee Development ervices 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 SS. County of 1/lieGQ On 1— J'2© I , before me, �a- • Si mO 17 ,Notary Public, DATE personally appeared Fj C�Ujo--�-,A � M Yn e r ,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 ack ledged to me tha�she/they executed the samp-iqhis erftheir authorized capacity(ies), and that by his 1 r their signature(s) on the instrument the pe n(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANGELA A. SIMON y Comm.#2182396 N in I certify nder PENALTY OF PERJURY under the 3 NOTARY PUBLIC-CAUFOMIA Y YY Comm.DIE IANUR 2,(2021°� laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S 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 F1 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) THUMBPRINT OF a L SIGNER G O APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT `A' LEGAL DESCRIPTION PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 12961, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON JULY 20, 1973. i Page 1 of 1 EXHIBIT `B' LEGAL DESCRIPTION SEWER EASEMENT ALL THOSE PORTIONS OF PARCELS 1,2,AND 3 OF PARCEL MAP NO. 12961,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON JULY 20, 1973, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP NO. 12961; THENCE ALONG THE SOUTHERLY LINES OF PARCELS 2 AND 3 OF SAID PARCEL MAP. 12961, SOUTH 83 039'35" WEST, 177.27 FEET (RECORD SOUTH 83°56'40" WEST, 177.24 FEET PER SAID PARCEL MAP 12961) TO AN ANGLE POINT IN SAID SOUTHERLY LINE; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 89 030'23"WEST, (RECORD NORTH 89 047'22"WEST PER SAID PARCEL MAP 12961), 59.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE OF PARCEL 3 ALONG SAID CENTERLINE 1. NORTH 00 054'09"EAST 464.05 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 WIDE EASEMENT PARCEL HEREIN DESCRIBED,TO BE EXTENDED OR SHORTENED SO AS TO TERMINATE SOUTHERLY AT SAID SOUTHERLY LINE OF SAID PARCEL 3. SAID EASEMENT PARCEL CONTAINS 9,281.00 SQUARE FEET(0.213 ACRE MORE OF LESS) 6 J2JZ q MIG L A.MARTINEZ DATE N L.S.7443 1.5. 7443 N 0 LIC.EXP. 06/30/20 Q. it ow caur, 1 OF 1 33905WR LEGAL.doc EXHIBIT ' C ' LEGEND -- PROPERTY BNDY.• 258-242-06 I � EXISTING WATER EASEMENT TO SAN DIEGUITO IRRIGATION DISTRICT PER DOC. REC. y MARCH 09, 1988 AS FILE i I I NO. 88-108517 0.R. PROPOSED WATER EASEMENT y BY SEPARATE DOCUMENT P.O.C. POINT OF COMMENCEMENT 10' 1 T.P.aa TRUE POINT OF BEGINNING PARCEL 1 i I 1 1 b ( ) RECORD DATA PER EXISTING Pff 1,296'1 L I � WATER EASEMENT TO SAN 1 DIEGUITO IRRIGATION DISTRICT PER DOC. REC. — wl MARCH 09, 1983 AS FILE NO. 88-108517 O.R. B A ] RECORD DATA PER PM 12,961 W-1 I ® SEWER EASEMENT AREA 9,281.00 S.F. I o1 i o PARCEL 2 z I I Pff 12961 NA 1- -1 �I 1 ALS 1 Iwo 1 r \ LApO PROPOSED PUBLIC PEDESTRIAN, y�0 II►. S'G 1 7- A DRAINAGE, & G.U.E. TP.O.B. i T IBY SEPARATE DOCUMENT 16 __ __ LS. 7443 0 C6 EW6 06/30/20 N8930'23"W 146.67' N83'39'35"E 177.27 ! (N89 47'22"W 146.67'1 (N82 (N89 47 57 W) [N82,58'40'E 177.24'1 P.O.C. CA1.�E ` SANTA FE DRIVE 80' 40' 0' 80' MI UEL A. MARTINEZ, L.S. 7443 SCALE: 1" = 80' LICENSE EXPIRES: 06/30/2020 Alta Land Surveying SEWER EA SEMEN T SHEET y 9 9517 GROSSMONT SUMMIT DR. IN PARCELS 1 , 2, & 3 OF of 1 LA MESA, CA 91941 PHONE/FAX. (619) 713-2582 PARCEL MAP NO. 12961 3390 SWR PLAT.DWG JN. 17-3390 DATE 07126119 TO: THE CITY OF ENCINITAS EXHIBIT "D" Terms and Conditions for Dedication of Public Sewer Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public sewer 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 the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, for ingress and egress for public sewer maintenance and repair, 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 sewer lines 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 more particularly described in the document dedicating or offering to dedicate the sewer easement. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement and right-of-way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantors hereby ovenant and agree for themselves, their heirs, successors and Y g 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 i continued use of the surface of said real property herein described, subject to the conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the described works of improvement. 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. The termination and abandonment may be made by the Grantee. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of sewer easement. 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.