2020-425258 Recording Requested By: ) DOC# 2020-0425258
City of Encinitas ) Aug 03, 2020 09:44 AM
OFFICIAL RECORDS
When Recorded Mall t0: Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
City Clerk ) FEES: $0.00 (SB2 Atkins: $0.00)
City of Encinitas ) PCOR: NIA PAGES: 8
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: 261-142-20 Permit No.: '14441-SG
Address: 159 Kilkenny Dr.
Denise Phillips, and unmarried woman, 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):
DE Ise Phillips, Owner Date
SEE ATTACHED ACKNOWLEDGWN"r
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
GRANTEE:
I
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.
G�/ w
Edward J. Wi er Date
neer
City Engi
Development Services Department
City of Encinitas
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 before me, - Naomi Benavides Ramos,Notary Public
' h (Here Insert name and title of the o fficer)
personally appeared P, V"M ViN
who proved to me on the.basis of satisfactory evidence to be the person(s) whose
name{.) Ware subscribed to the within instrument and acknowledged to me that
M/she/th" executed the same in his/her/t#& authorized capacity(ies), and that by
His/her/t4eir signatures) on the instrument the person(4, or the entity upon behalf of
which the person(4) 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. ffib
_ NAOMI BENAVIDES RAM
OS
_ Notary Public-California
Ofth San Dtego County
Commission#2262382 —
My Comm.Expires Nov B,2022
Notary Public lgnature q( tary Public Seal)
CALIFORNIA ALL-PURPOSE 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 SA-r-1 ,D6e1 a J}
On 'Ic,IV 111 2020 before me, F)I'ar1a A&611G ,
Date Here Insert Name and Title of the bfficer
personally appeared LAJ61_� Ltd i InrnP—ir'
Nome(s)of Signer(s)
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
amy BRANDI L.LEWIS paragraph is true and correct.
Notary Public•California
San Diego County WITNESS my hand and official seal.
Commission#2242682 Comm.Expires May 14,2022
Signature
Place Notary Seal and/or Stamp Above Signature of Notary f�c
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: FASeanext+Ar- Qw10VC iRoL,J 64 1 q L+ I-56t
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 ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑ Other: ❑ Other:
Signer is Representing: C of enc%niipS. Signer is Representing:
02017 National Notary Association
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 46, 47 AND 48 IN BLOCK 4 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 14, 1910.
6 Ds
•J J O
No.7655
�p CALIF0
I
l
EXHIBIT "B"
LEGAL DESCRIPTION
FOR
STREET DEDICATION
LOTS 46, 47 AND 48 IN BLOCK 4 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
NOVEMBER 14, 1910, HEREBY CONSOLIDATED INTO ONE LOT, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 48, SAID CORNER
BEING THE INTERSECTION OF THE SOUTHERLY LINE OF KILKENNY DRIVE AND
THE EASTERLY LINE OF NEWPORT AVENUE; THENCE ALONG THE NORTHERLY
LINE OF SAID LOT 48 AND THE SOUTHERLY LINE OF KILKENNY DRIVE NORTH
58 050'00" EAST, 20.00 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET A RADIAL TO SAID POINT
BEARS SOUTH 31 010'00" EAST; THENCE SOUTHWESTERLY, SOUTHERLY AND
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 31.42 FEET
THROUGH A CENTRAL ANGLE OF 90 000'00" TO A POINT ON THE WESTERLY LINE
OF SAID LOT 48 AND SAID EASTERLY LINE OF NEWPORT AVENUE; THENCE
ALONG SAID WESTERLY LINE OF LOT 48 NORTH 31 010'00" WEST, 20.00 FEET TO
THE POINT OF BEGINNING.
EASEMENT CONTAINS 86 SQUARE FEET, MORE OR LESS.
1,p D SU'eD
L. S.q,�0�0�
A
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No.7665
0 CAL
EXHIBIT"C"
STREET DEDICA TION
3 I USE
ABANDONED ALLEY D,
Rai N3170'00'W _1_
_ 75.00'
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20.00'
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* No. 765
S31'10'000E(R)
o ,o P. IOW v TF OF CA��FCS�
o r� r'O 04` o0
R/W
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POB 2000' 55.00'
N31 70'00'W 75.00' 0 20 40
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NEWPORT AVENUE SCALE: 1" = 20'
LEGEND T ,_ ✓N.• 19-06 12.2..19
STREET DEDICADON GRANTED TO 7HE CITY OF ENCINITAS '`'(
s
® HEREON. AREA OF EASEMENT= 86 SF .,�_ AMPO
NOTES- ENGINEERING, INC.
1. BEARINGS AND DISTANCES SHOWN HEREON PER MAP NO. 1298. m SUavrROAD,,sure 21.1 BOMA CA 92024
n:(m)4m-omo FAx(78o)us-0659
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.