2021-554836Recording Requested By: DOC# 2021-0554836
Commonwealth Land Title Company II��II�II�II��II�II��IIII III11II11111hil1IIII1I11II1I11IIII1INIIII
Recording Requested By: ) Aug 04, 2021 12:30 PM
OFFICIAL RECORDS
City of Encinitas ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
When Recorded Mail to: FEES: $0.00 (SB2 Atkins: $0.00)
City Clerk POOR: N/A PAGES: 12
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024UAC 0A4�� YQ )
Free Recording Government ) SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CI
9,2jIn'141 DOCUMENT TRANSFER TAX: $0
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 256-082-29-00
Work Order No. #:
MBD Capital. 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,
doles) 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.
C' S) MBD�Ca ---LLC, a California 6/
c�-� limited liability ( '2 a/goal
company
Marc McBride, Manager
Date
Signature o/ "GRANTOR(S)° to be notarized.
Attach the appropriate acknowledgments.
Recording Requested By:
Commonwealth Land Title Company
Recording Requested By:
City of Encinitas
When Recorded Mail to: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024w, a
Free Recording Government ) SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CI
9Wle, �"/G/ DOCUMENT TRANSFER TAX: $0
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 256-082-29-00 Work Order No. #:
MBD Capital. 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,
doles) 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.
C'RANTO
S)•MBD Capital LLC, a California 6
limited liability
company
Marc McBride, Manager
Date
Signature of "GRANTOR(S)" to be notarized.
Attach the appropriate acknowledgments.
ALL-PURPOSE ACKNOWLEDGEMENT
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 C tl I I 't't7Y n I CL )SS
COUNTY OF 5(3-Y) .r)L1t]Ql,0
'1 � f_
On I G� l I�( before me, `�'r'L�CA_.Q ,� ✓ 1 n�5�ii _ Notary Public, personally appeared
WairG Mc-tF)vicl�e,
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(es), 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 ( Q_I t-1'O ✓ C) j a that the foregoing is true and
correct.
Witness my hand and official seal.
Signature Jk6A Ct 1, . ( 6 agt l
7RACy D. JDHNSDN
COMM. 1
2339519
No" Public - Calitornla $
San Diego County
t�A Came E, iree Dec. 'I, 2024
This area for official notarial seal.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S); TITLE(S):
❑ PARTNER(S) ❑ LIMITED ❑ GENERAL
❑ ATTORNEY IN FACT
❑ TRUSTEE(S)
o GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING
Name of Person or Entity
Name of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required below, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT: CA Se-YY1, J L-_ 6f `) (.jol t (' 9 eR "'' t0a,'1
NUMBER OF PAGES: DATE OF DOCUMENT: w+Ia
SIGNER(S) OTHER THAN NAMED
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.
Bankston, P.E.
ing City Engineer
Development Services Department
City of Encinitas
WI /z1
Date
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 County of _Y(r) D FAO I f�
On juneo-LO al before me, t ared t L • Ler a)iS� ND*n4
Date Here Insert Name and Title of the Officer
�T
personally appeared d t ti R.�o6I��GM1
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.
011AND1 L. LEWIS
Notary Public - California
San Diego County
d Commission N 22a2ii0
' My Comm. Expires May 1e, 2022
Place Notary Seal and/or Stamp Above
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.
Signature
OPTIONAL
Signature of Notary
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
KOther:
Signer is Representing: .:
02019 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n Other*
Signer is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT "A"
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOTS 1, 2 AND 3 IN BLOCK "B" OF SOUTH COAST PARK NO.3, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1935, RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON AUGUST 17, 1926.
SAID DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN LOT MERGER CERTIFICATE OF
COMPLIANCE RECORDED 1UNE 30, 2016 AS INSTRUMENT NO.2016-0328420 OF OFFICIAL RECORDS.
Assessor's Parcel Number: 256-082-29-00
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT
EXHIBIT " 3°
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
A PORTION OF LOT 1, BLOCK B, OF SOUTH COAST PARK, NO. 3, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
NO . 1935, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY
AUGUST 17, 1926 GRANTED TO NANEK PETRO, INC BY CORPORATION GRANT DEED
RECORDED JANUARY 9, 1987 AS DOCUMENT NO. 87-01082S, OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY MOST CORNER OF SAID LOT 1; THENCE
NORTHEASTERLY ALONG SAID SOUTHERLY LINE THEREOF NORTH 61026'30" EAST
76.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTHERLY LINE NORTH 61026'30" EAST 8.50 FEET TO THE WESTERLY LINE OF
THE EASTERLY 25.00 FEET OF SAID LOT 1; SAID POINT BEING ON THE WESTERLY
RIGHT OF WAY OF HIGHWAY 101; THENCE LEAVING SAID SOUTHERLY LINE AND
NORTHERLY ALONG SAID WESTERLY LINE NORTH 28033'30" WEST 7.00 FEET; THENCE
LEAVING SAID WESTERLY LINE SOUTH 21058'09" WEST 11.01 FEET TO THE POINT
OF BEGINNING.
CONTAINING: 29.8 SQUARE FEET, MORE OR LESS.
SEE EXHIBIT `B' PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
SUBJECT TO ALL EXISTING EASEMENTS, RIGHTS AND CLAIMS.
PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE LAND SURVEYOR'S ACT
�ANp
5.11.2021 (,()"'E.
S�
PAUL E. GOEBEL, LS 8486 DATE PAUL
GOEBEL
MICHAEL BAKER INTERNATIONAL
9755 CLAIREMONT MESA BLVD, SAN DIEGO, CA 92124 LS 8486
IN 137350
APN 256-082-29
576 N COAST HIGHWAY 101
MAY 11, 2021
EXHIBIT A Page 1 of I
®INDICATES EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
GRANTED HEREON 29.8 SF
( ) RECORD PER MAP 1935 - BASIS OF BEARINGS
POC POINT OF COMMENCEMENT
POB POINT OF BEGINNING g0-
°p
�0 FSE �P Off' � • �'\
2
J
PC
3� • 1
I �6•
7'
B
0
0°
4,o AUL SGP� 1N61 LANDZ �PS
u E. GOEBEL o POC
J M
+ LS 8486
0 30'
1'�
NOTE: PARCEL DATA
DEPICTED HEREON IS
N, BASED ON RECORD AND
DOES NOT REPRESENT
00 A FIELD SURVEY.
5.11.2021
AUL E. GOE EL DATE SEE EXHIBIT A
LS 8486 EXHIBIT B FOR LEGAL DESCRIPTION
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR:
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
PORTION OF LOT 1, BLK B, MAP 1935 [APN 256-082-291
576 HWY. 101 (PORTION LOT MERGER DEED 2016-0328419)
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, CALIFORNIA
m
h 'n 0'�'
0.6
:�y0
' ,2
POB
DETAIL
\ NO SCALE/
SHEET 1 OF 1 SHEET
Michael Baker International
9755 Clairemont Mesa Blvd.,
San Diego, CA 9212
(858)614-5000
DATE 5/11/2021 137350
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.