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2023-52219Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC# 2023--0052219 III I III I IIIII IIII I I IIIIII IIIII II II IIIII III IIII II I III III Mar 01, 2023 09:35 AM OFFICIAL RECORDS JORDAN Z MARKS. SAN DIEGO CCOUN Y RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES. Fi SPACE ABOVE FOR RECORDER'S USE FOR THE RFNFFIT OF THE CITY DOCUMENT TRANSFER TAX:s n -rflprvsF�� 7� Gov2,12Ny �t�TP� E- EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY art v rr��s. APN: 258-242-02 Permit No.: LDEV-013147-2020 Site Address: 354 Santa Fe Drive Case No.: 06-066 MUP/3652-2020 CDP Scripps Health, a California nonprofit public benefit corporation, 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 ce President, CFO Scripps Health Date Signature of "GRANTOR(S)" to be notarized. Attach the appropriate acknowledgments. 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. 4 Jill T. Bankston Date Q3y Engineer City of Encinitas 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 October 26, 2022 before me, Yvette R. Villegas, Notary Public (insert name and title of the officer) personally appeared Brett Tande 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. ' /11? 9Ak a Signature ' / I 1 / I (Seal) dt YVME R. VILLEW �J Notary Public • California " San Diego County ` Commission N 2337135 My Comm. Expires Nov 13, 2024 EXHIBIT `A' LEGAL DESCRIPTION OF PROPERTY PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 12961, IN THE CITY OF ENCINITASA PORTION OF LOT 1 OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND LOTS 1 & 2 OF MAP NO. 7709, JULY 20, 1973 AS FILE NO 73-202160 OF OFFICIAL RECORDS) OCTOBER 21, 1983 AS FILE NO. 83-380536 OF OFFICIAL RECORDS. � 7 NAAR ti\ems.. C z 7 43 a \T OF Page 1 of 1 EXHIBIT `B' LEGAL DESCRII'TION ROW EASEMENT DEDICATION A PORTION OF LOT 1 OF ENCINITAS HOSPITAL SUBDIVISION ACCORDING TO MAP THEREOF NO. 7709 FILED IN THE OFFICE OF THE OUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 20, 1973, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 4.5 FEET IN WIDTH AND 45.8 FEET IN LENGTH BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 OF SAID MAP NO. 7709, SAID POINT ALSO BEING ON THE NORTHRELY LINE OF SANTA FE DRIVE ROAD EASEMENT PER DOCUMENT RECORDED MARCH 28, 1979 AS FILE NO. 79-127165 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID ROAD EASEMENT, SOUTH 89030' 12" EAST 2. SOUTH 89030' 12" EAST 3. SOUTH 00029'48" WEST 4. NORTH 89030' 12" WEST 5. NORTH 00029'48" EAST 176.50 FEET TO THE TRUE POINT OF BEGINNING THENCE ALONG SAID LINE, 45.80 FEET THENCE 4.50 FEET THENCE 45.80 FEET THENCE 4.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 206.100 SQUARE FEET (0.0047 ACRES MORE OR LESS) ATTACHED HERETO IS EXHIBIT `C', AND BY THIS REFERENCE MADE PART HEREOF. MIGUEL A. MARTINEZ DATE LS 7443 LIC. EXP. 06-30-2024 y,0NAL t ek ��\�J�L a L' S. 7443 N o s 9�. �OFCALIFOR�\/ Page 1 of 1 i LOT 1 MAP 7709 NORTHERLY LINE OF ROAD EASEMENT RECORDED 3-28-79 AS RLE NO. 79-127165 O.R. z T.P.O.B. —, N89'30'12 W 176,50' i tf P.O.0 L3 SW CORNER LOT 1, MAP 7709 SANTE FE DRIVE TABLE NO. _LINE BEARING LENGTH Ll N.93 ` 8 0'}2`W .,..._ 4580 L2 NOO79 48 4.50 L3 N893012 45.80 L4 N0079 48 4.50 ®INDICATES ROW EASEMENT DEVICA77ON AREA: 206.100 SO, FT. (0.0047 AC) +� M/UtC4IM PROPERTY LAVE INDICATES LOT LINE MCA IFS ROW DEDICAWN L#E P.O.C. INDICATES P01NT OF WMMENaillfNT T.P.0.B. INDICATES TROE POINT OF BEGWNNG JNtX LAy fhX0A MARNAZ LS NO. 4A3 DATE J i AL TA LAND SURVEYING, INC. o N 9517 Grossmont Summit Dr. a 7443 0, Le Mesa, CA 91941 * o8/3D/24 Phone/tax: (619) 713-2582 altalandsurveying.comOF CALF t 15 30 •I '/ IN -s: ROW EASEMENT DEDICATION SCRIPPS HEALTH ENCINI TAS ACUTE CARE BUILDING IN A PORTION OF LOT 1 OF MAP NO. 7709 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.