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2021-292985 DOC# 2021-0292985 Recording Requested By: ) Apr 15, 2021 02:28 PM CI of Encinitas OFFICIAL RECORDS City ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $0.00 (SB2 Atkins: $0.00) When Recorded Mail to: ) PCOR N/A City Clerk ) PAGES 9 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: EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY A.P.N.: 260-053-03 Grading Plan: LDEV-010871-2020 Address: 1284 Summit Avenue Case No: 3673-2020 CDP North Avenue CAJ, LLC a California Limited Liability Company, 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): Casey Jy hnson, Manager Date North Avenue CAJ, LLC Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 i 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 Sa., ) On kja.—r, -X, before me, Ho -vg Date Here Insert Name and Title of Ke Officer personally appeared C6RXf y 11,,4 ets o n Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sl whose nameKlislom subscribed to the within instrument and acknowledged to me that he/skeAhey executed the same in his/herAheir authorized capacity(iee),and that by histherAheir signature("n the instrument the persorlW or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph KI HOON CHOI is true and correct. COYPU #23 PUBLIC-CALIFORNIA W WITNESS m hand and official seal. N . NOTARY DIEGO CAUFORNIA N Y V yC rnavaW COUNTY My Commisabn E�pMae DECEMBER 1,2023 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is 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: A,_. �,o..-F A,Pt ✓ Document Date: 1-ta.ea 17 sv! Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer— Tdie(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: ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-BOO-876-6827) Item 85907 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. Edward J. 4mmer Date Director of Engineering Development 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 County of D SS. On before me, tXG-SRO� CD -� Notary Public, DATE 1 ,� personally appeared � �� �. w`h�t'n0� 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 DEANA GAY person(s) acted, executed the instrument. COMM.N 2206966 D z SAN DIEGO COUNTY D I certify under PENALTY OF PERJURY under the QQQ NOTARY PUBLICCALIFORNIAZ laws of the State of California that the foregoing MY COMMISSION EXPIRES J AUGUST23,2021 paragraph is true and correct. WITN 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 OTHER: OTHER e SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMOBFRINT E SIGNER $ 0 G O APA0112015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM F�2005-2017VALLEY-SIERRAINSURANCE EXHIBIT "A" DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 13 SOUTH,RANGE 4 WEST,SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,ACCORDING TO THE OFFICIAL PLAT THEREOF,DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE NORTHERLY BOUNDARY LINE OF CARDIFF VILLA TRACT ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,AUGUST 10, 1912,WITH THE NORTHEASTERLY LINE OF COUNTY HIGHWAY, ROUTE 1, DIVISION 1;THENCE NORTH 31°38'00"WESTALONG SAID HIGHWAY LINE 213.03 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1275.82 FEET AND A CENTRAL ANGLE OF 08-01-00", THENCE NORTHWESTERLY ALONG SAID CURVE 178.49 FEET;THENCE TANGENT TO SAID CURVE NORTH 23°27'00" WEST 1448.26 FEET TO A POINT DISTANT 80.00 FEET AT RIGHT ANGLES EASTERLY FROM THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 22;THENCE NORTH 00"384"40"EAST PARALLEL TO AND DISTANT 80.00 FEET AT RIGHT ANGLES EASTERLY FROM SAID WESTERLY LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 22,A DISTANCE OF 98.09 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO GEORGE H.WILLIAMS, RECORDED SEPTEMBER 29, 1945, IN BOOK 1940, PAGE 423 OF OFFICIAL RECORDS;THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND NORTH 66°48'00"EAST 389.99 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 00°02'00"WEST 69.90 FEET TO THE NORTHERLY LINE OF SAID WILLIAMS LAND;THENCE ALONG SAID NORTHERLY LINE NORTH 89°51'00"EAST TO THE MOST EASTERLY CORNER THEREOF;THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND SOUTH 66°48'00"WEST 178.03 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF BLOCK 2 OF J.C.CLEARMAN'S ADDITION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 22,TOWNSHIP 13 SOUTH, RANGE 4 WEST,ACCORDING TO THE MAP THEREOF NO.207, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY,APRIL 19, 1887,DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF SUMMIT AVENUE WITH THE SOUTH LINE OF SAID CLEARMAN'S ADDITION;THENCE ALONG SAID WEST LINE OF SUMMIT AVENUE NORTH 00°23'00"EAST 70.00 FEET;THENCE PARALLEL WITH THE SOUTH EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO GEORGE E.WILLIAMS,A SINGLE MAN, BY DEED RECORDED IN BOOK 1940, PAGE 423 OF OFFICIAL RECORDS OF SAID COUNTY SOUTH 66°48'00"WEST 178.78 FEET TO SAID SOUTH LINE OF SAID CLEARMAN'S ADDITION BEING ALSO SAID NORTH LINE OF SAID PARCEL CONVEYED TO WILLIAMS;THENCE ALONG SAID COMMON LINE NORTH 89°51'00"EAST 163.85 FEET TO THE POINT OF BEGINNING. SAID PROPERTY IS ALSO KNOWN AND DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 23, 1973 AS 73-238500,OFFICIAL RECORDS. PASCO MET SUITER PUBLIC STREET DEDICATION A ASSOMATES San Diego I Solana Beach I Orange County PLSA 3231 SHEET 1 OF 3 Phone 858.259.8212 I www.plsaengineering com EXHIBIT " B" DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING A PORTION OF LAND DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED AUGUST 23, 1973 AS 73-238600, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 9.50 FEET OF SAID PARCEL DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE, THE WESTERLY LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: LYING 28.00 FEET PARALLEL WITH AND WESTERLY OF THE ULTIMATE ROAD CENTERLINE PER ROAD SURVEY 1156. CONTAINING 646 SQUARE FEET(0.015 ACRES) EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. \O LAB MAXIMILIAN d LEBL MAXIMIILIIA�N LEBL, PLS 9323 LS 9323 d Z[ J�2s DATE:—/ 9� CSTREET ��F PASCO LARET SUITER PUBLIC DEDICATION 'ISanLDiego SolanaBeach I OrangeCounty PLSA 3231 SHEET 2 OF 3 59.8212 I www.plsaengineering.com EXHIBIT "C" PLAT I � MAP 207 Elf rn CLEARMAN'S LAND a w BLOCK 2 Z 9.5' PUBLIC STREET w DEDICATION 28 C ROS 22326 646 SQ.FT. (0.015 AC.) w t DOC#1973-238500, O.R. REC. 08/23/1973 > ai - - - -� — — — — — — — — — — — — — — a- 0= POR. NW 1/4, SEC 22, T13S, R4W, SBM I I 0 MAP 207 I w I g I J I � / POR. NW 1/4, SEC 22, / T13S, R4W, SBM ROS 22228 ROS 16244 w N 04 EASEMENTS OF RECORD 00 Oi CITY OF ENCINITAS HOLDER OF A MAINTENANCE AGREEMENT FOR EMBANKMENT RECORDED ON LEGEND FEBRUARY 23, 2016, AS DOC NO. 2016-0077993, O.R. PROPERTY LINE — — — ADJOINING PROPERTY LINE RIGHT-OF-WAY LINE EASEMENT LINE CENTER LINE PASCO LARET SUITER SCALE = V =20' N PUBLIC STREET DEDICATION r�°SS®60G°1�ICS E San Diego I Solana Beach I Orange County pLSA 3231 s SHEET 3 OF 3 Phone 858.259,82121 www.plsaengineering.com I - 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.