2021-486880 Recording Requested By: DOC# 2021 -0486880
Commonwealth Land Title Corn;"
Recording Requested By: ) IIIIIIIIIIIIIIIII11111NIIIIIIIIIIIIIIIIII111111HIIIIIiIIIINIIIIIfII
Jul 07, 2021 11:51 AM
Cityof Encinitas OFFICIAL RECORDS
) Ernest J. Drenenburg,Jr.,
SAN DIEGO COUNTY RECORDER
When Recorded Mail to: ) FEES: $0.00 (SB2 Atkins: $0.00)
POOR: N/A
City Clerk ) PAGES: 12
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
Free Recording Government
382ode ) SPACE ABOVE FOR RECORDER'S USE _
FOR THE BENEFIT OF THE CITY R&TC Code
I I� k\
yyainia DOCUMENT TRANSFER TAP" U
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessor's Parcel No: 254-022-15-00 Work Order No. #:
Coastal Beach Apartments 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'WATTACHED 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 "IT' an "C"ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR'S)* Coastal Beach ApartmentsLLC
A California limited Zia ili y
Company
Sepideh Joukar- John Date
Its : MS`an{ager J��
Na e: U Date
Signature of"GRANTOR'S)"to be notarized.
Attach the appropriate acknowledgments.
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 OFL4 "D
On OAr-4 1 1,, 02 I before me, a.3 t�� . �d i �!-� a Notary Public,
personally appeared g*be�VIl �!/H�
who proved to me on the basis of satisfactory evidence to be the personf s)whose nameW is/awsubscribed
to the within instrument and acknowledged to me that-he/she/they executed the same in Ais/her/their
authorized capacitylaaa,and that byJiia/her/9wir signaturt(&Yon the instrument the personf 0,,or the entity
upon behalf of which the person(aracted,executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
=DANIELDEZDEZ1115 zalifornia aWITNESS my hand and official seal. z ounttyyl 31,X24
Signature
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.
&/ /2-4
i I Bankston Date
ing City Engineer
Development Services Department
City of Encinitas
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 Son p' s n On Tw10 .0 .Z 1 .021 before me, &Rrla L Lx_ " 1* ,
`/, d 80.b
Dote Here Insert Name and Title of the Officer
personally appeared v,j 1 4nk-*0y'\
Name(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
aRANDI L.LEwn paragraph is true and correct
Notary Public-ralllmnla
s" o'v2
CNnmistian r 214 2Uri6rr y WITNESS m hand and official seal.
My Comm.Eaplrn May 14,2022
Signature
Place Notary Seal and/or Stamp Above Signature of Notary fic
OPTIONAL
Completing this information con deter aReration 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:
Signers)Other Than Named Above:
Capacity(les) Claimed by Signers)
Signer's Name: Signer's Name:
11 Corporate Officer—Title(s): ❑Corporate Officer—Tttle(s):
❑ Partner— 0 Limited 0 General ❑ Partner— ❑ Limited 0 General
❑ Individual O Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator 0 Trustee ❑ Guardian or Conservator
R Other., 11 Other:
Signer is Representing: Signer is Representing:
02019 National Notary Association
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:
LOT 4 IN BLOCK"G"OF SOUTH COAST PARK NO. 5,IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.2078, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY,NOVEMBER 21,1927.
EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JANUARY 11,
1934 IN BOOK 259, PAGE 335 OF OFFICIAL RECORDS,IN AND TO THE NORTHEASTERLY 2 0 FEET OF SAID
LOT 4.
Assessor's Parcel Number: 254-022-I5-00
EXHIBIT "B"
"Exhibit A" of LEGAL DESCRIPTION
OF EASEMENT
EXHIBIT "A"
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
A PORTION OF LOT 4 IN BLOCK G OF SOUTH COAST PARK NO. 5, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, NOVEMBER 21, 1927, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE WESTERLY ALONG
THE NORTHERLY LINE THEREOF SOUTH 74016'30" WEST 80.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE WESTERLY LINE
THEREOF SOUTH 15043'30" EAST 3.00 FEET TO THE INTERSECTION WITH A LINE
THAT LIES 3.00 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE
OF SAID LOT 4; THENCE LEAVING SAID WESTERLY LINE AND EASTERLY ALONG SAID
PARALLEL LINE NORTH 74016'30" EAST 58.00 FEET; THENCE LEAVING SAID
PARALLEL LINE NORTH 30013'39" EAST 1.01 FEET TO THE INTERSECTION WITH A
LINE THAT LIES 2.30 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY
LINE OF SAID LOT 4; THENCE EASTERLY ALONG SAID PARALLEL LINE NORTH
74016'30" EAST 19.80 FEET TO THE BEGINNING OF A NON TANGENT CURVE,
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF '8.50 FEET TO WHICH A RADIAL
LINE BEARS NORTH 27030144" EAST; THENCE LEAVING SAID PARALLEL LINE AND
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15057'12" AN
ARC LENGTH OF 2.37 FEET TO THE EASTERLY LINE OF SAID LOT 4; THENCE
NORTHERLY ALONG SAID EASTERLY LINE AND NON TANGENT FROM SAID CURVE NORTH
15043'30" WEST 4.14 FEET TO THE POINT OF BEGINNING.
CONTAINING: 226 SQUARE FEET, MORE OR LESS.
SEE EXHIBIT `B' PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
SUB]ECT 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
ri ND
4� PAUL
E. GOEBEL A
5.11.2021
PAUL E. GOEBEL, LS 9486 DATE * LS 8486
MICHAEL BAKER INTL 9755 CLAIREMONT MESA BLVD, 9 CFCALN
]N 137350 APN 254-022-15
1646 N COAST HIGHWAY 101
MAY 11, 2021
i
EXHIBIT A Page I of I
I
EXHIBIT "C"
"Exhibit B" of PLAT
OF EASEMENT
LEGEND
® INDICATES EASEMENT FOR PUBLIC STREET
RIGHT-OF-WAY GRANTED HEREON 226 SF / POB
( ) RECORD PER MAP 2078 Z \
BASIS OF BEARINGS
POB POINT OF BEGINNING / Agti
O 00' p 1
NOTE PARCEL DATA DEPICTED HEREON s`
IS BASED ON RECORD AND DOES NOT ,E / �15'S7' 12"
REPRESENT A FIELD SURVEY. 4
\ N'7q•19b$1 1 R--B:50'
N 0 30'
1 "--30' I DETAIL
1 NO SCALE
D w� a00 p0oo I POB
GRPNs.74 6
0o a
1 cp
APN 254-022-15
11 o LOT 4, BLK G, 0'
MAP 2078 9
111 15' A 16 30"E g0 , �� %.ANO Sli
PAUL
E. GOEBEL o
SEE EXHIBIT A LS 8486 •
FOR LEGAL DESCRIPTION 5.11 .2021 O `P
A EGO. EBEL DATE UL CF ,
EXHIBIT B LS 8486
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR: SHEET 1 OF 1 SHEET
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Michael Baker tlo
9755 Clairemont nt Mes Mesa Blvd. i
PORTION OF LOT 4, BLK G, MAP 2078 [APN 254-022-15] San Diego, CA 9212
1646 HIGHWAY 101 (858)614-5000 j
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, CALIFORNIA DATE 5/11/2021 137350 }
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.
J