2023-43416Recording Requested By:
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
DOC# 2023-0043416
Feb 21, 2023 12:47 PM
OFFICIAL RECORDS
JORDA-N Z. MARKS,
SAN DIEGO C:;C>UN1Y RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES. 8
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
DOCUMENT TRANSFER TAX: # D.CC
EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY
APN: 254-590-20 Permit No.: LDEV-020994-2022
Site Address: 713 Normandy Road Case No.: CDP-004726-2021
Robert Weir and Christina Weir, husband and wife as Community Property,
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.
GRANTOR(S):
Robert Weir and Christina Weir, husband and wife as Community Property
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Hobert j1/eir Date
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Christina Weir
GRANTEE:
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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.
J II T. Bankston
City Engineer
City of Encinitas
Zizi /&
Date
Notarized signature of "GRANTEE" not required.
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 January 30,2023
before me, Anarizza Caliguiran Fabian,Notary Public
(insert name and title of the officer)
personally appeared Robert Weir and Christina Weir
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
paragraph is true and correct.
WITNESS my hand and official seal. Anarizza Caliguiran Fabian
Comm. #2402141 z
Notary Public • California o
z San Diego County
M Comm. Ex Tres Apr. 26, 20261
Signature (Seal)
EXHIBIT "A" TO COVENANT
LEGAL DESCRIPTION OF REAL PROPERTY
PARCEL 1 OF PARCEL MAP NO. 1465, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 19,
1973.
RESERVING THEREFROM AN EASEMENT FOR ROAD PURPOSES,
OVER, UNDER, ALONG AND ACROSS PARCEL 1 OF PARCEL MAP
NO. 1465, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AS DELINEATED AND
DESIGNATED ON SAID MAP AS " PROPOSED PRIVATE ROAD
EASEMENT".
APN: 254-590-20-00
EXHIBIT "B"
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 1465, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, APRIL 19, 1973; BEING DESCRIBED AS FOLLOWS:
THE NORTHERLY 27.00 FEET OF SAID PARCEL 1, (ALSO BEING 27.00 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF NORMANDY ROAD AS SHOWN ON SAID PARCEL MAP NO.
1465)
CONTAINING 3,921 SQUARE FEET, MORE OR LESS
EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF.
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GARY
D. MELLOM
GARY D. MELLOM, PLS 8537
LS 8537 1/31/2023
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PASCO LARET SUITER PUBLIC STREET
ASSOC TES EASEMENT
San Diego 1 Encinitas I Orange County PLSA 3626 SHEET 1 OF 2
Phone 858.259.8212 I www.plsaengineering.com
EXHIBIT "C11
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PROPERTY LINE — — ADJOINING PROPERTY LINE
RIGHT-OF-WAY LINE V11111 Z� EASEMENT AREA ACQUIRED =
CENTER LINE 3,921 SQUARE FEET, MORE OR LESS
() RECORD DATA PER PM NO. 1465
## 142.00' - DRAFT ERROR ON PM 1465
PASCO LARET SUITER SCALE = 1" = 30' " PUBLIC STREET
A ASSOUATES W E EASEMENT
San Diego i Encinitas I Orange County PLSA 3626 s SHEET 2 OF 2
Phone 858.259.8212 I vwwv.pisaengineering.com
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.