2021-554836 (2) Recording Requested By: DOC# 2021 -0554836
Commonwealth Land Title Company I IIIIII IIIII IIIII IIII II IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
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: $0.0 PCOB2 Atkins: $0.00)
IA
City Clerk ) PAGES: 12
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024CL al'-a )
Free Recording Government ) _ ,S ACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CI
A1'p1G';w DOCUMENT TRANSFER TAX: $0
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
Assessors Parcel No: 256-082-29-00 Work Order No. #:
MBD Capital. LLC a California limited liability company, hereinafter called GRANTOR(S),
are the owners) 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 terns 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.
G�S)• MBD�Capital LLC, a California 6 /
limited liability l 4/2�a
l
company
Marc McBride, Manager Date
Signature of"GRANTORS "to be notarized.
Attach the appropriate acknowledgments.
ALL-PURPOSE ACKNOWLEDGEMENT
A notary pubbc 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 Cell I L TDY n I r1. )SS
COUNTYOF 50-n ALA:"
u
On�Q �'l I� before me, �f�Ll ,�� 7 -Notary Public,Personally appeared
Mclrc, mC_F)r l�
who proved to me on the basis of sausfacmry 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,exec rtteed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of ( "21 1-rt ✓n I Q. that the foregoing is true and
correct.
Witness my hand and official seal.
Signature 'I.1QA (lMYl coaw,a23se618
f} /bdry Pubic-Gatomla
iwSrra wnSmws�C�Csw
Cantu itiD..Oao.?.zata
This area for official notarial seal.
OP71ONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though stature does not require the Notary to fill in the dam below,doing so may prove invaluable to persons relying on the documents.
❑INDIVIDUAL
o CORPORATE OFFICER(S);TITLE(S):
o PARTNER(S) o LIMITED o GENERAL
o ATTORNEY IN FACT
o TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING
Name of Person or Entity Nzmc of Person or Entity
OPTIONAL SECTION
Though the data requested here is not required below,it could prevent fraudulenr reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DO�C,UUMENT DEESCRIBED,B,ErLOW
TITLE OR TYPE OF DOCUMENT:(..a SeYY1An,4_ "s6f `�lA F0j t G 7+V
NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNERS)OTHER THAN NAMED ABOVE
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.
W� �z
Bankston, P.E. Date
ting City Engineer
Development Services Department
City of Encinitas
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 41189
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 _)&tn b1YLIO
On Junto I. o" o 2-1 before me, band L• 1-e t.)iS� No�t f�� �ab i G
Date ^T� Here Insert Name and Title of the Officer
personally appeared y t�� R.�a►1�G01'1
Name(s)of Signers)
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/shelthey executed the same in his/her/their
authorized capac ty(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
{MNDI L.LEWIS paragraph is true and correct.
Notary VuNk-C&Iftnia
San oie"cwnty WITNESS my hand and official seal.
cemmissien I22426 {
My Comm.Expires May 14.262I
Signature
Place Notary Seal and/or Stamp Above Signature of Notary ftlic
OPTIONAL
Completing this information can deter afteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(tes)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer-Title(s): ❑Corporate Officer-Title(s):
❑ Partner- 0 Limited 0 General 0 Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual o Attorney in Fad
❑ Trustee ❑ Guardian or Conservator 0 Trustee ❑ Guardian or Conservator
C Other: O Other:
Signer is Representing: -n 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:
LOTS I,2 AND 3 IN BLOCK-W 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 JUNE 30,2016 AS INSTRUMENT NO.2016-0329420 OF OFFICIAL RECORDS,
Assessor's Parcel Number: 256-082-29-00
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT
I
EXHIBIT
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
A PORTION OF LOT 1, BLOCK 8, 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. 87-010825, 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 28°33'30" 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
�� (Q�
'� ^'^ 5.11.2021 FO LAND S(iP
PAUL E. GOEBEL, LS 8486 DATE 4` PA
E. GOEBEL o
MICHAEL BAKER INTERNATIONAL Z m
9755 CLAIREMONT MESA BLVD, SAN DIEGO, CA 92124 * LS 8486
Jjgr �P
IN 137350 Pcr (pLI
APN 256-082-29
S76 N COAST HIGHWAY 101
MAY 11, 2021
i
EXHIBIT A Page I of I
EXHIBIT "C"
PLAT OF EASEMENT
LEGEND
® INDICATES EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
GRANTED HEREON 29.8 SF
( ) RECORD PER MAP 1935 - BASIS OF BEARINGS
POC POINT OF COLA 04CEAENT
POS POINT OF BEGINNING BYO
� N
1sy 3• `"� \ cy7Z
15f� L p.
Fps 0 R s.!'s• 0 30'
.��0�6 ��9• 9 �'y may? �� �
66Ay2 �2� �dr 1 '.=30'
O cJo
J� mod'• p( , $• NOTE: PARCEL DATA
/ lR DEPICTED HEREON IS
/ ip wPOB ( DOES NOT RECORD AND
•w 6 CQ A FIELD SURVEY.
CP
Cp
�p LANPAUL
D
E. GOEBEL c POC
^
* LS 8486
CF
DETAIL
\ NO SCALE/
5. 11 .2021
ALL E. GOE EL DATE SEE EXHIBIT A
LS 8486 FOR LEGAL DESCRIPTION
EXHIBIT B
SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR: SHEET 1 1 SHEET
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Michael Bakeerr international
9755 Gakemoni Mesa BNd.,
PORTION OF LOT 1 . BLK B, MAP 1935 [APN 256-082-291 San Diego,CA 9212
575 HWY . 101 (PORTION LOT MERGER DEED 2016-0328419) (858)6145000
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, CALIFORNIA 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.