2022-446941Recording Requested By:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
DOC# 2022-0446941
IIIIIIIIII11111111111111111111111111111111111111111111111111111111
Nov 22, 2022 02:36 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
POOR: N/A
PAGES: 10
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY.
DOCUMENT TRANSFER TAX: 0
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
A.P.N.: 216-052-01-00
Address: 1967 N VULCAN AVE
Grading Plan: LDEV-017922-2021
Case No: MULTI-003917-2020
Vulcan Encinitas, LLC, a Delaware 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.
G/R�ANTOR S :
/ !/(� �' v
Richard L. Lemmel, CFOof WcdMwt Propd/ u, ;i s Movx-o,/
On Behalf Of Vulcan Encinitas, LLC, a Delaware
Limited Liability Company
GRANTEE:
Date
Signature of "GRANTOR(S)" to be notarized.
Attach the appropriate acknowledgments.
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.
A13/Zo
JTBankston Date
ty Engineer City of Encinitas
N ai-G, ri z 1iZ ► o r� o T' G I TI of:� Er,3 c f ►J lTA s S C� �t -l-i;� r 2 n o-l- r2ab o I',2.-x—>A
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 San Diego
On September 13, 2022
before me,
Patrick Daniel McAllister, Notary Public
(insert name and title of the officer)
personally appeared Richard L. Lemmel
who proved to me on the basis of satisfactory evidence to be the person(a) whose name(e) is/afe
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in
his/"��'— i authorized capacity(tes), and that by his/#e them 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 my hand and official seal.
Signature
(Seal)
., PATRICK DANIEL MCALLISTER
Notary Public . California
San Diego County
Commission M 2389342 Ir
My Comm. Expires Jan 4, 2026
E X 4T i31Y "A"
LEGAL DESCRIPTION
Real property in the City of Encinitas, County of San Diego, State of California, described as follows:
ALL THAT PORTION OF EATONVILLE, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 513, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY MARCH 20, 1888, AND THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION THIRTY-THREE (33), TOWNSHIP TWELVE (12) SOUTH, RANGE
FOUR (4) WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE TOWNSHIP LINE BETWEEN TOWNSHIPS
TWELVE (12) AND THIRTEEN (13) SOUTH, RANGE FOUR (4) WEST, WITH THE EASTERLY BOUNDARY
LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY,
FORMERLY THE CALIFORNIA SOUTHERN RAILROAD COMPANY, ACCORDING TO THE PROFILE OF ITS
ROAD APPROVED BY THE DEPARTMENT OF THE INTERIOR, MAY 12, 1881, UNDER THE ACT OF
CONGRESS OF MARCH 3, 1875;
THENCE NORTH 150 43' 30" WEST ALONG SAID EASTERLY LINE OF SAID RIGHT OF WAY A DISTANCE
OF 620.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EASTERLY LINE OF SAID RIGHT OF WAY NORTH 150 43' 30" WEST
A DISTANCE OF 107.56 FEET TO THE POINT OF INTERSECTION OF SAID EASTERLY LINE WITH THE
SOUTHEASTERLY LINE OF THAT CERTAIN COUNTY ROAD KNOWN AS COUNTY ROAD SURVEY NO. 346;
THENCE ALONG A CURVE CONCAVE TO THE SOUTHEAST TANGENT TO THE LAST MENTIONED
BEARING, HAVING A RADIUS OF 175 FEET THROUGH AN ANGLE OF 700 12' FOR A LENGTH OF ARC
214.41 FEET ALONG THE SOUTHEASTERLY LINE OF SAID COUNTY ROAD;
THENCE NORTH 540 28' 30" EAST ALONG THE SOUTHERLY LINE OF SAID COUNTY ROAD A DISTANCE
OF 175.0 FEET TO A POINT;
THENCE SOUTH 350 31' 30" EAST A DISTANCE OF 305.84 FEET TO A POINT;
THENCE SOUTH 670 46' 30" WEST A DISTANCE OF 386.46 FEET TO THE TRUE POINT OF BEGINNING.
NOTE: THE PROPERTY HEREIN DESCRIBED IS BOUNDED ON THE WEST BY A ROAD 50 FEET IN WIDTH,
DESIGNATED ON VARIOUS MAPS OF RECORD AS -VULCAN AVENUE", WHICH SAID AVENUE APPEARS
TO LIE WITH THE BOUNDARIES OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, FORMERLY THE CALIFORNIA SOUTHERN RAILROAD COMPANY AND THE RIGHTS
OF THE PUBLIC IN AND TO SAID VULCAN AVENUE ARE APPARENTLY SUBSERVIENT TO THE RIGHTS OF
SAID RAILWAY COMPANY.
APN: 216-052-01-00
EXHIBIT"'b"
RIGHT-OF-WAY DEDICATION
ALL THAT PORTION OF EATONVILLE, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 513, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO. COUNTY MARCH 20, 1888, AND THE
NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION THIRTY-THREE, TOWNSHIP TWELVE SOUTH, RANGE FOUR WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN SAID COUNTY AND STATE,
DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JULY 10, 2020 AS
DOCUMENT NO. 2020-0368741, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEING A 5.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET EASTERLY AND
SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF CITY OF ENCINITAS TM 07-031
LATITUDE 33 CONDOMINIUMS, IN SAID COUNTY AND STATE, ACCORDING TO
MAP THEREOF NO. 16133, FILED IN THE OFFICE OF SAID COUNTY RECORDER
SEPTEMBER 7, 2016, ALSO BEING A POINT ON THE BOUNDARY OF SAID GRANT
DEED;
THENCE ALONG SAID BOUNDARY AND THE NORTHWESTERLY LINE OF SAID
MAP 16133 SOUTH 68°19'48" WEST (RECORD SOUTH 68°12'24" WEST PER SAID
MAP), 75.50 FEET TO THE NORTHWEST CORNER THEREOF, ALSO BEING A
POINT ON THE NORTHEASTERLY SIDELINE OF NORTH VULCAN AVENUE AND
THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID NORTHEASTERLY SIDELINE AND SAID BOUNDARY
NORTH 15003'00" WEST, 107.76 FEET TO THE BEGINNING OF A 175.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 70016'35" A DISTANCE OF 214.65 FEET;
THENCE NORTH 55013'35" EAST, 26.08 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A";
THENCE CONTINUING NORTH 55013'35" EAST, 35.71 FEET TO THE POINT OF
TERMINUS.
EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED CURVE. COMMENCING AT THE AFOREMENTIONED
POINT "A";
SB&O. INC. 1 Of 2 VULCAN
Job No.75032.01 DA75031 Vulcan Ave105 SurvWLegalslRW Dedication.docx
THENCE SOUTH 34046'25" EAST, 5.00 FEET TO THE TRUE POINT OF
BEGINNING, ALSO BEING THE BEGINNING OF A NON -TANGENT 130.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 34046'25" EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 15056'32" A DISTANCE OF 36.17 FEET TO THE POINT OF
TERMINUS.
THE SIDELINES OF THE AFOREMENTIONED DESCRIBED STRIP OF LAND TO
TERMINATE SOUTHERLY IN SAID NORTHWESTERLY LINE OF MAP 16133.
CONTAINING 1,845 SQUARE FEET, MORE OR LESS.
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
L
i//Z9/Za�6
HER, PLS 6922 . DATE
LAND\
S. 9GC�G,p�
�P
U m O
L jx No.6922 �Q
qTF CALIF
SB&O. INC. 2 of 2 VULCAN
Job No. 75032.01 DA75031 Vulcan Ave105 SurveylLegalslRW Dedication.docx
EXHIBIT "C'"
VICINITY MAP
NOT TO SCALE
LEGEND
INDICATES PROPERTY LINE
INDICATES PUBLIC RIGHT-OF-WAY DEDICA71ON
P. 0. C. INDICATES POINT OF COMMENCEMENT
T.P.O.B. INDICATES TRUE POINT OF BEGINNING
P. 0. T. INDICATES POINT OF TERMINUS
() INDICATES RECORD OR CALCULATED DATA PER ROS 20316.
(] INDICATES RECORD DATA PER MAP 16133.
OINDICATES EXISTING EASEMENT GRANTED TO SDG&E FOR
PUBLIC U71111ES, INGRESS AND EGRESS PER DOCUMENT
RECORDED 21311977 AS FILE/PAGE NO. 15525, O.R.
OINDICATED PUBLIC STREET
RIGHT-OF-WAY DEDICATED
PER MAP 16133. SHEET 1 OF 2 SHEETS
d
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PLANNING ENGINEERING SURVEYING
EXHIBIT "C-AP
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25'
II
P. 0. T.
<_1
N50.42'57"W(R)
'POINT "A"
" S34'46'25"E(R) 5.00'
N5573'35"E
26.08'
CURVE TABLE
DELTA
RADIUS
LENGTH
Cl
15 56'32"
130.00'
36.17'
Ros 203�16
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to D o �► (561.38.24"W 1
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5
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SHEET 2 OF 2 SHEETS
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PLANNING ENGINEERING SURVEYING
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.