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2020-76527 DOC# 2020-0076527 Recording Requested By: ) IIIIIII(IIIIIIII II IIII IIII IIIIIIII 111111111 11111111111 IIIIIIII Feb 14, 2020 09:14 AM City of Encinitas ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., When Recorded Mall t0: SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) City Clerk ) PCOR: NIA City of Encinitas ) PAGES: s 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 RIGHT-OF-WAY APN: 254-331,-22 Permit No.: 14372-G Address: Vacant Hymettus Avenue Case No.: 18-049 CDP RICHARD N. TVERDOCH AND DENISE TVERDOCH, AS TRUSTEES, OR THE HE TVERDOCH FAMILY TRUST DATED JUNE 22 SUCCESSOR TRUSTEE, .OFT , 2006, 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. GRANTORS Richard N. Tverdoch, Trustee Date r _ Denise Tverdoch, Trustee Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. j t CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 t�,- D cP 5 J} On `[J(sJ�`��Ot- �,�U 14 before me, � Q- d r LLJ i IC Date II I JJ Here Insert Name and Title ofJthe icer personally appeared !�t CIL a 1-4 TUe I'C,tOC L OLL& �>19 15C � P LA C L Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose names)are subscribed to the within instrument and acknowledged to me thattw-/sWthey executed the same in boi / /their authorized capacity(ies), and that by>eherlfheir 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 SANDRA DWYER laws of the State of California that the foregoing 6My Notary Public-California paragraph is.true and correct. San Diego County Commission#2293720 WITNESS my hand and official seal. Comm.Expires Jun 17,2023 Signature Place Notary Seal and/or Stamp Above Signature of Not ublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document n I �J / /� f Title or Type of Document: k(dSern p br- �b TIC--DTI-(?d ietgl'�1 34 W61 Cj Document Date: Dc4tl 9 r I�aC�/`� Number of Pages: In 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 ❑ General ❑ Partner- ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02018 National Notary Association 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. 4 dward J. W i m rp r Date City Engineer Development S rvices Department City of Encinitas i I ' ALt-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 JCL V) T�)I C-A o On - — -Low before me NnQ\60.. f-VI Oh , Notary Public, DATE II , personally appeared n-1 e-r ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is re subscribed the within instrument and ac edged to me tha he she/they executed the SW his er/their authorized capacity(ies), and that by hi her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. two ANGELA A. -R N rn NOTARY PUBLIC GCAUFORNIA N SAN DIEGO COUNTY -' I certify under PENALTY OF PERJURY under the MY Comm.EXP.MAR.2,2021 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ZL d' . �� ��� 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 F-] OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF s SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017VALLEY-SIERRAINSURANCE EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THAT PORT I ON OF'LOT 17 1 U BLOCK 8 OF SOUTH COAST PARK, .1 N THE COU11TY OF SAH DIEGO, STATE Or CALIFORNIA, -ACCORDING TO MAP THEREOF NUMBER 1776, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAH. DIEGO COUNTY, JANUARY 11,1324, DESCRIBED AS FOLLOWS- BEGINNING AT A POINT ON THE SOUTHERLY L IE OF THE NORTH.IERLY 103-50 FEET OF SAto LOT 17 DISTANT THEREON SOUTH- 74cI7'45" WEST A DISTANCE OF 221.00 FEET FROM THE SOUTHEAST CORKER THEREOF; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 74"17"45" WEST A OISTAUCE OF 79'.79 FEET TO THE WESTERLY L 114 OF SAID LOT 17, THENCE SOUTH 15°46' 11" EAST ALONG SAID WESTERLY LINE 161 -13 FEET TO THE HORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAM DIEGO RECORDED NOVEM8ER 3,1571 AS FILE 14U145ER 255496 OF OFFICIAL RECORDS: THENCE SOUTH SVOO'53" EAST AL0I1G SAID NORTHERLY- LINE, A DISTANCE-OF 69-32 FEiT -TO­THE GF itIt11t1G Ckrfi TANdtHT 970 FEET RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0646' 11" *A D I STANCE OF 13,03 FEET TO THE SOUTHERLY LIUE OF SAID LOT 17; TVEfICE 14ORT14 74'15'27" EAST ALONG SAID SOUTHERLY LINE 5.43 FEET TO A LIVE WHICH BEARS SOUTH 15°43'30" EAST PARALLEL WITH THE EASTERLY LIIIE OF SAID LOT 17 FROM THE POINT OF NORTIJ 15'43'30" WEST A DISTANCE OF 196.74 FEET TO -THE P01111T OF TOGETHER IlITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALOnG AND ACROSS THE SOUTHERLY 40 FEET OF THE NORTHERLY 143-50 FEET OF THE EASTERLY 130 FEET OF SAID LOT 17- C. LS 5211 OF V EXHIBIT"B" LEGAL DESCRIPTION OF EASEMENT A DEDICATION FOR PUBLIC STREET RIGHT OF WAY OVER, UNDER,ALONG AND ACROSS A PORTION OF THAT LAND, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,AS DESCRIBED IN A DEED TO RICHARD TVERDOCH AND DENISE TVERDOCH, HUSBAND AND WIFE AS COMMUNITY PROPERTY PER DOCUMENT RECORDED OCTOBER 15, 1987,AS DOCUMENT NO. 87-582740 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAID TVERDOCH LAND WITH A LINE THAT IS 35.00 FEET NORTHERLY OF, MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF LEUCADIA BOULEVARD AS SHOWN ON COUNTY OF SAN DIEGO ROAD SURVEY NO 1799-2,THENCE PARALLEL WITH SAID CENTERLINE S80°00'53"E (S79°21'34" RECORD) 71.73 FEETTO THE BEGINNING OF A 965.00 FOOT RADIUS CURVE CONCAVE NORTHERLY,THENCE EASTERLY ALONG THE ARC OF SAID CURVE 16.55 FEET THROUGH A CENTRAL ANGLE OF 0°58'57" MORE OR LESS TO THE POINT OF TERMINUS IN THE EASTERLY LINE OF SAID TVERDOCH LAND. CONTAINING 435 SQUARE FEET OF LAND, MORE OR LESS. %A C. y . LS 5211 T VERDOCH EXHIBIT "C" DEED REC. OCT. 15, 1987 STREET DEDICATION DOC. NO. 87-582740 ` ` APN 254-331-22 n I R=965.00, P.0.B. o° ° I A=16 55' :n I d 0 5 8'57" N15'46'11"W 5.55' S80 .00'53"E 71-73' 15 E 3 03, gg5 A2 S80 00'53,,' 69 32 5.36' o° 614.15 2� W 1 ` R=970 00, 13 — 4 OS011 d " I � LE sCADIA BL VD - cv 1799-2) — w U U] M C. �, L3 5211 INDICATES EASEMENT AREA 435 SQ. FT. +- PLSA 2663 QF CAti--� 2-1-19 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. 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 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.