2019-508309 y
DOC# 2019-0508309
�� 1111111 IIIII IIIII IIIII IIII 111111 IIIII III I IIIII IIIII IIIII IIIII IIII IIII
Recording Requested By: ) Nov 05, 2019 04:19 PM
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: s
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: 00
PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY 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 Pedestrian Access,
Drainage, and General Utility Easement, subject to the terms and conditions set forth in
City of Encinitas Resolution 2009-61 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.
GRAN
Richard Sheridan, Chief Legal Counsel Date
Scripps Health
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
I
1
� t
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-caiilornia
"-+ San Diego`County ZZ
Z ' Commission#2162661
My Comm.Ex Tres Aug 14,2020'
Signature �� l C (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 grante cons nts to recordation thereof by its duly authorized officer.
Edward J. i er Date
City Engin er
Developm 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
T SS.
County of h l,1 �n
On t l_ 2L 19 , before me, 0, A S 1 M Q I/1 , Notary Public,
DATE
personally appeared I 1 YYl Mle ,who proved to me on the
basis of satisfactory evidence to be the person(s) whose names is�/ re subscribed the within instrument
and ackn edged to-me that e she/they executed the
sam 1 is/ er/their authorized capacity(ies), and that
by is her/their signature(s) on the instrument the
per n(s), or the entity upon behalf of which the
�r ANGELA A. SIMON person(s) acted, executed the instrument.
�t COMM.#2182396 rA
r NOTARY NDBUGCOUNTY NIA y' I certify under PENAL'T'Y OF PERJURY under the
SAN DIEGO COUNTY
Gam` MY Comm.EXP.MAR.2.2021 r laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS y hand and official seal.
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
r-1
OTHER:
OTHER
SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT s
NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT
OF
s
SIGNER a
0
APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 02005-2017 VALLEY-SIERRA INSURANCE
EXHIBIT `A'
LEGAL DESCRIPTION
PARCELS 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.
Page 1 of 1
EXHIBIT `B'
LEGAL DESCRIPTION
PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMNET
ALL THOSE PORTIONS OF PARCELS 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 AN EASEMENT MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP NO.
12961; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 83°39'35" WEST, 134.25
FEET (RECORD SOUTH 83°56'40" WEST PER SAID PARCEL MAP 12961) TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF SAID PARCEL 2 AND
PARCEL 3 OF SAID PARCEL MAP
1. SOUTH 83 039'35"WEST 43.02 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE
OF SAID PARCEL 3; THENCE CONTINUING
ALONG SAID SOUTHERLY LINE
2. NORTH 89 030'23"WEST, 66.79 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF
PARCEL 3
3. NORTH 49 026'34"EAST 12.97 FEET; THENCE
4. NORTH 87 036'33"EAST 7.75 FEET; THENCE
5. NORTH 00 054'09"EAST 30.00 FEET; THENCE
6. SOUTH 89 005'51"EAST 15.00 FEET; THENCE
7. NORTH 00 054'09"EAST 35.58 FEET; THENCE
8. SOUTH 89 005'51"EAST 16.32 FEET; THENCE
9. SOUTH 00 054'09"WEST 63.78 FEET; THENCE
10. NORTH 87 036'33"EAST 47.81 FEET; THENCE
11. SOUTH 58 025'22"EAST 15.06 FEET TO THE TRUE POINT OF BEGINNING.
SAID ASEMENT PARCEL CONTAINS 2,469.78 SQUARE FEET(0.057 ACRES MORE OR LESS)
LAND S
MIG L A.MARTINEZ DATE p� (i�r
MAR.
L.S.7443
LIC.EXP.06/30/20
1443 o0 � �S qq3 �
o- .Q
STATE OF GP�'�
1 OF 1
3390 GUE_LEGAL.doc
EXHIBIT C LEGEND
-- PROPERTY BNDY.• 258-242-06
I I O
EXISTING WATER EASEMENT
\ TO SAN DIEGUITO IRRIGATION
DISTRICT PER DOC. REC.
ALS B ~" MARCH 09, 1988 AS FILE
NO. 88-108517 O.R.
PROPOSED WATER EASEMENT
I
y BY SEPARATE DOCUMENT
I 1 � P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
RECORD DATA PER EXISTING
I
PARCEL 1 ' ' I 1 ` v, WATER EASEMENT TO SAN
t P!y 12961 i i t I , d DIEGUITO IRRIGATION
DISTRICT PER DOC. REC.
I I Z MARCH 09, 1983 AS FILE
J_I z w NO. 88-108517 O.R.
RECORD DATA PER PM 12961
"-j A 1 ® PUBLIC PEDESTRIAN ACCESS,
B i i DRAINAGE, & GENERAL UTILITY
1 1 EASEMENT AREA: 2,469.78 S.F.
I I I I '1 J
1 I
120'!
120 I rn1 L1 N 4926'34" E 12.97'
i 1 L2 N 87'36'J3" E 7.75'
1 1 PARCEL 2 L3 N 00 54'09" E 30.00'
I i i 1 1 Pal 12961 ` L4 S 89'0551" E 15.00'
L5 N 0034'09" E 35.58'
PROPOSED SEWER EASEMENT L6 S 89105'51" E 16.32'
I I BY SEPARATE DOCUMENT
L7 S 0054'09" W 63.78'
1 I L8 N 8736'33" E 4781'
L9 S 58 25 22" E 15.06'
I I Ii i � L ` o�NL LApO
i i I ♦ A S
'L 4 GAL
i I / T.P.O.B. 5, o f N
L2 `9
LS _1_34.2 oc LS. 7443
-- L1- �,02' — o, � 06/x/20
66.79' tt
" 177.27'
N8930'23"W 146.67' N83'39 35 E !
(N89'47'22"W 146.67'1 (N82'S6'36"E 177.2 4' P.O.
7
(N89-4757"W) (N82'56'40"E 177.24'] CALF
SANTA RE DRIVE
80' 40' 0' 80'
MIGUEL A. MARTINEZ, L.S. 7443
SCALE: 1" = 80' LICENSE EXPIRES: 06/30/2020
PUBLIC PEDESTRIAN ACCESS, SHEET
Alta Land Surveying DRAINAGE,
LA
9517 GRSSONT MES4,0CAM9 1UMMIT DR. & GENERAL UTILITY EASEMENT OF 1
PHONE/FAX (619) 713-2582 IN PARCELS 1, 2, & 3 OF PARCEL MAP NO. 12961
3390 G.U.E. PLAT.DWG J.N. 17-3390 DATE 07126119 TO: THE CITY OF ENCINITAS
EXHIBIT "D"
Terms and Conditions for
Dedication of Public Pedestrian Access, Drainage, and General Utility Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of pedestrian access, drainage, and
general utility easement for 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 pedestrian access and use, for drainage, and for 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, 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.
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.
i
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication of pedestrian access, drainage, and general utility
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.