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2020-58388 �} DOC# 2020-0058388 I Cy 1111111 II II I IIII II IIII II II(IIII 1111 IIII IIII IIII IIII IIII Feb 04, 2020 04:16 PM Recording Requested By: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City of Encinitas ) FEES: $0.00 (S132 Atkins: $0.00) PCOR: NIA When Recorded Mail to: PAGES: 10 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessor's Parcel No: 254-164-09-00 BUI LDI Alb PRAM: 11- 1-7S5 Jaemin L. Ragsdale and Samantha K. Ragsdale, Trustees of the Ragsdale Trust dated November 9. 2009, hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF, do(es) hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, an Easement for Public Street Right-of-Way, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-52 adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part hereof,the real property described as follows: SEE EXHIBITS "B"and "C"ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR(S): rZ - 13 - / 9 Jaemi agsdale, Trustee, Owner Date 9 - Samantha K. agsdale, Trustee, Owner Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 �v tiK. FYC• k'�t..rW"lr.,vr NS.W�� :N.g...1."-0-a.'. t�"jL:'.s...^R-• L" !p ��., s -��.2 ::A'%x��3Wi��.:�.<x::�^�:�.,.,�.t?y�:;:n;.taxi u���.%�v�ti: -•° �»�.,u�:,�.•�>,..R c r.+._..a..._�. .w::1...�:a/_'c2_��1:R.'4: '.+�'$�n'�:.'. _ 11.a...v:S:_ ._tw•. '1+.]S�if+G:'i xww O'1.+,.:_>+� 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 �:=d A�! �� d On es Im 1� I Za Z019 before me, Vl I I .!:—:) I 0 /� Date He e Insert Name and Title of the Officer personally appeared �1i 1� �.( 6 e Names) Signer(s) who proved to me on the basis of satisfactory evidence tbe the p person(s)whose name(s is are subscribed to the within instrument and acknowledged to me that he h /the executed the same in his he/ eir authorized capacity(ies), and that by his e heir 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 .•.,,� AMY RACHELLE WILL paragraph is true and correct. • Notary Public-California San Diego County Commission R 224171 Y WITNESS my hand and official seal. My Comm.Expires May 14,2022 Signature Place Notary Seal and/or Stamp Above ignature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Atta d Document Title or Type of Documen . Document Date: Number of Page Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: er's Name: ❑ Corporate Officer—Title(s): ❑Cor to Officer—Title(s): _ • Partner— ❑ Limited eneral ❑ Partner— Limited ❑ General • Individual . ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Othe . ❑ Other: Signer is Representing: Signer is Representing: 02018 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 .n.,._•'.'�i,-'%i}�f's'✓.-'�{,'•i.sc�;,. ay.w>x:::'�ii� r � :.:.in":.ix•':x^S°,�7z^'v:.:•5.a:__ _ _••:(io n�-?c5: v:L"f•�'"r:JS(t::" aiFm r;�.?�:'c n..r .`.;x;in„� ._ _ .k�.... .:,.. .��a_s..,..w.._. sus-"€x,....�,_��:,.s,,. . ..�...u-sz: a:a•���.;�_.:�:`°�,,.�� :.�5�,1:��y_;,;.�;w:;3�y....1. w'i;.�� .. ...•�:�c•:_A::_ 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 1 County of n )eQ d J} On,D « y' Is!_/_©1 q before me, It Q o tS. K)000 RA I G, Date Here lnsert Name and Title of the 6fficer personally appeared Na (s)of Signer(s) who proved to me on the basis of satisfactory evidence o be the person(s)whose names i /are subscribed to the within instrument and acknowledged to me that h9/she/they executed the same i hi ;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 s.. .,y AMY RACHELLE WILLS laws of the State of California that the foregoing Notary Public-California paragraph is true and correct. o San Diego County > Commission k 2242718 WITNESS m hand and official seal. Comm.Expires May 14,2022 r y Signature jfjj?/A Place Notary Seal and/or Stomp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ neral ❑ Partner— ❑ Limited ❑ General ❑ Individual . ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer's Representing: Signer is Representing: r?c?ki.=�:tk�.ir:.s.i::Ki.�•)'rr'.F..`�-.)�.`••�+�'-.�Si'�;:=iNU`ht;YZ`is�ti�,.41'a:`�i'Fla°1i=�?;�.}�::°Y�c°Nv`tsr�.2:vr?"`�r^3?:%r�(:�s`rig'`S.:i25.'e:�C::ti`L:�`.na:s�.�Yr��`�:� +r`:�2•'..`�'rti?TY•.`.'.+" '.'?+<_'>`S'��i {:2018 National Notary Association P 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. 3/- 7670 Ed Wimmer Date City Engineer 0 City of Encinitas EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY ALL THAT PORTION OF LOT 22 OF CREST ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 1927, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT ON THE NORTHERLY LINE OF SAID LOT 22; DISTANT THEREON SOUTH 84 008'30" WEST 221.25 FEET FROM THE NORTHEASTERLY CORNER THEREOF, SAID POINT BEING THE NORTHWESTERLY CORNER OF LAND CONVEYED TO HENRY STUBBS AND WIFE, BY DEED DATED MAY 21, 1949 AND RECORDED IN BOOK 3206, PAGE 452 OF OFFICIAL RECORDS; THENCE SOUTH 5 051'30" EAST ALONG THE WESTERLY LINE OF SAID STUBBS LAND BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 22, A DISTANCE OF 285.02 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT 22; THENCE NORTH 87°13' WEST ALONG SAID SOUTH LINE TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 80.0 FEET WESTERLY AT RIGHT ANGLES FROM SAID WESTERLY LINE OF LAND CONVEYED TO STUBBS; THENCE NORTH 5°51'30" WEST ALONG SAID PARALLEL LINE TO THE NORTHERLY LINE OF SAID LOT 22; THENCE NORTH 84 003'30" EAST ALONG SAID NORTHERLY LINE, A DISTANCE OF 80.0 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT ALL THAT PORTION OF LOT 22 OF CREST ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 1927, AS DESCRIBED IN GRANT DEED TO JAEMIN L. RAGSDALE, RECORDED APRIL 10, 2019 AS DOCUMENT NO. 2019-0127755 OF OFFICIAL RECORDS, AND DESCRIBED AS FOLLOWS: THE SOUTHERLY FIVE FEET THEREOF. CONTAINING 0.009 ACRES, MORE OR LESS. oNAL LAND S c. G Kq GAL Q � I 744 eoll s�9rF�F CAQF��`a\P l EXHIBIT "C" PLAT OF EASEMENT 301.25' N84'08 1 84'08'30"E. 221.25' N84'08'30"E 80.00' I a c POR. LOT 22 c� Z Z CREST ACRES � Lp C) Z 0 Lp 0 MAP 2019 W c Ln o O � C N Oo N Ln W J N 90 N Oo rn CP 221.25' 80.00' 20' I 80.92' N87'1 3900$#W 223.79' 304.71 o `n I 0 N CAPRI ROAD ® INDICATES STREET DEDICATION SCALE: 1" = 50' 0 50 100 462 STEVENS AVE. Ste. 305 SAN D I EG U ITO ENGINEERING, INC. SOLANA BEACH, CA 92075 PHONE: (858) 345-1149 CIVIL ENGINEERING . PLANNING . LAND SURVEYING FAX: (858) 345-1151 www.sdeinc.com U:ldata/Projects/5888Ragsdale/CAD Files.dwg SDE5888 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 P Y J 9 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/herself, his/her 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 Grantor 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.