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2022-242565Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC# 2022-0242565 II I I II IIIIII III II I IIIIIIII I IIIIIII II Jun 09, 2022 10:02 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES:6 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY CA Govt Code: 27383 & 6103 DOCUMENT TRANSFER TAX: _ EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Assessors Parcel No: 256-291-01 Case #: RICHARD WILLIAM SMITH and KATHLEEN LEA SMITH, Trustees of the SMITH FAMILY TRUST dated December 16,1991, 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: Lot 1 and 2, Block "R" Seaside Gardens, County of San Diego, State of California, according to Map thereof No. 1800, filed in the office of the County Recorder of San Diego County, August 6, 1924. 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 "C" which is attached and made a part hereof, the real property described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF. In WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. RICHARD WILLIAM SMITH and KATHLEEN F ILY TRUST dated December 16,1991 UJILLIAM re -r� Richard William Smith, Trustee Kathleen Lea Smith, Trustee LEA SMITH, Trustees of the SMITH a 2-51 Z-Z- Date �5�9 .zoo Date Signature of "GRANTOR(S) "to be notarized. Attach the appropriate acknowledgments. ACKMOTME o ONEM u 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 JdQ /// 7i0 Z 2— before me, Deryl L Neal, Notary Public (insert name and title of the officer) personally appeared Richard William Smith and Kathleen Lea Smith who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).mare subscribed to the within instrument and acknowledged to me that-he%she/they executed the same in -bts/her/their authorized capacity(ies), and that by-iisther/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 paragraph is true and correct. WITNESS m hand d official l. �r °���c'N�"� y anoseaNotary Public • CaNfomia San Diego County Commission aK 2351691 My Comm. Expires Mar 18, 2m Signature (Seal) myaffi= 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 Date t ing City Engineer rIfIrastructure and Sustainability Department City of Encinitas 2 EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT EXHIBIT `A' LEGAL DESCRIPTION EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY A PORTION OF LOTS 1 AND 2, BLOCK "R", SEASIDE GARDENS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 1924, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 1 BEING ALSO A, POINT ON THE NORTHEASTERLY RIGHT OF WAY OF MELROSE AVENUE (40 FEET WIDE) AS SHOWN ON SAID MAP 1800; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOTS 1 AND 2 AND SAID NORTHEASTERLY RIGHT OF WAY PER SAID MAP 1800 SOUTH 26°55'00" EAST 76.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 00"49'34" WEST 17.05 FEET TO THE INTERSECTION WITH A LINE THAT LIES 7.50 NORTHEASTERLY OF AND PARALLEL WITH SAID NORTHEASTERLY RIGHT OF WAY PER SAID MAP 1800; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE NORTH 26°55'00" WEST 31.00 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 55°20'54" WEST 12.10 FEET TO THE NORTHWESTERLY LINE OF THAT CERTAIN COUNTY HIGHWAY EASEMENT RECORDED AUGUST 23, 1978 AS DOC. NO. 78-360252, OF OFFICIAL RECORDS, BEING ALSO A POINT ON A NON TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 84°34'34" WEST; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF COUNTY HIGHWAY EASEMENT AND SAID CURVE THROUGH A CENTRAL ANGLE OF 21°29'34" AN ARC LENGTH OF 9.38 FEET TO A POINT OF TANGENCY WITH SAID NORTHEASTERLY RIGHT OF WAY OF MELROSE AVENUE PER SAID MAP 1800; THENCE TANGENT FROM SAID CURVE AND SOUTHEASTERLY ALONG SAID RIGHT OF WAY SOUTH 26°55'00" EAST 47.80 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 333.9 SQUARE FEET OR 0.008 ACRES, MORE OR LESS. SEE EXHIBIT B PLAT, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 'AUL E. G0EBEL IJ i * LS 8486 8-25-2021 PAUL E. GOEBEL, PLS 8486 MBI IN 137350 APN 256-291-01 Pa-e I of I EXHIBIT "B" DEPICTION OF EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY POC 28.80� a=21'29'34" R=25.00''-' L=9.38' POC *'F'7 i Sr "o DE r- moo. \9� r yam• J E TA S84-34'34"A N55'20'54"W 12.10' N26'55'00"W ,I 31,00' NOO'49'34"W 17.05' 1p IL APN 256- 2s1-a1 TPOB �Tb 0�, �a A a .43' CALC 00 (N89°29'00"W 104.53' �.ffkkfj LEGEND INDICATES EASEMENT FOR PUBLIC STREET RIGHT OF WAY CONTAINS 333.9 SF POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNNG { ) RECORD PER MAP 1800 ALSO THE BASIS OF BEARINGS COUNTY HIGHWAY EASEMENT RECORDED 8/23/1978 AS DOC 78-360252, OFFICIAL RECORDS. NOTE: PARCEL DATA DEPICTED HEREON IS BASED ON RECORD AND DOES NOT REPRESENT A FIELD SURVEY. PAUL E. GOEBEL �. LS 8486 EXHIBIT B PALL E. GOEBEL, LS8486 DATE SKETCH TO ACCOMPANY A LEGAL. DESCRIPTION FOR: SHEET 1 OF 1 SHEET EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY Michael Baker International 9755 Clairemont Mega Blvd., PORTION OF LOTS 1 & 2, BLK R , MAP 1800 San Diego, CA 9212 396 N . COAST HIGHWAY (L,F.UCAD I A GLASS CO.) (858)614-5000 CITY OF ENCINITAS, COUNTY 0,7 SAN DIEGO, CALIFORNIA DATE 8/25/2021 137350 4 Terms and Conditions for The dedication orirrevocable offer ofdedication made bythe Grantor named inthe 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 nrirrevocable offer ofdedication shall befor eperpetual easement and right-of-way upon, through, under, over, and across the hereinafter described real property for use oopublic street right-of-w.ino|udingthe 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-wayuses 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 Gnsnhme, 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 ossaid Grantee may deem proper, neodfu|, or necessary in the cVnotruotion, rmconobuotion, and maintenance of said public utilities or structures incidental thereto. Tohave and hmhold said easement and ' 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 ofSan Diego, State ofCalifornia, and is particularly described on the document dedicating orirrevocably offering the dedication. The Grantor hereby covenants and agrees for itself, its trustees, baneficiaries, heina, auoceemona, and assigns, that there shall not beconstructed ormaintained upon the above described real property orwithin said easement and right-of-way any building or structure of any nature or kind that will interfere with the use ofsaid easement and byGrantee, its successors orassigns, orthat will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees fo itself, its successors and assigns, not tmprevent the Grantor, its successors or assigns, from crossing over said real property and agrees that the Grantor, its trustees, boneficiaries, heire, successors and awaiQnm, may enjoy the continued use of the surface of said nae! property herein described, subject bothe conditions above stated. Grantor for itself, its truotoen, banmficiehms, ouccaeoone and ensigne, hereby waives claim for any and all damages tpGrantor's remaining property contiguous tothe public street riQht conveyed by the dedication mroffer nfdedication byreason onthe location, construction, landscaping, ormaintenance of said public road hght-od-way. This dedication may be bmnninobmd 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 Streetsand Highways Code ofthe State ofCalifornia. At time of acceptance ofthis offer, any and all trust and aeooment(s)shall he subordinated hothe dedication ofeasement for public street ' G and obligations subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill oYthe Grantor any past due financial obligation owing to the Grantee by way of this offer of dedication. Ifeither Grantor or Grantee is required toincur 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 persona impacted by the performance ofthis offer of dedication the right boenforce this offer ofdedication against the Grantor.