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2023-252404Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC# 2023-0252404 I Illllf Ellll IIIII IIIII IIII (IIIII IIIII Ilfll IIIII IIIII Illll IIIEI Illi IIII Sep 18, 2023 09:48 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S92 Atkins: $0.00) PAGES: 8 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DOCUMENT TRANSFER TAX: 0.00 EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY APN: 260-213-01 Address: 1205 Lake Drive Case No.: SUB-003932-2020 Permit No.: LDEV-011899-2020 Nolen Summit LLC, a California 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. GRANTOR(S): Nolen Summit LLC, a California Limited Liability Company Brian Grover, Managing Partner Date On behalf of Nolen Summit LLC, A California Limited Liability Company �'-- �-OK3 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. 11 T. Bankston ity Engineer itv of Encinitas 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 August 4, 2023 before me, Daniel Kil, Notary Public (insert name and title of the officer) personally appeared Brian Grover 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 tome that he/she/ ey executed the same in his/h4ir/ eir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person p , 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. c_ Signature (Seal) °f DANIEL KIL W Notary Public California Z San Diego County Z Commission 0 2350715 F EXHIBIT "Alf LEGAL DESCRIPTION OF PROPERTY PARCEL 1: (APN:260-213-01) THE WEST 265.00 FEET OF THE NORTH 155.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 133 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO U.S. GOVERNMENT SURVEY APPROVED APRIL 19, 1981, SAID WEST 265.00 FEET BEING MEASURED ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER AND THE EAST LINE OF SAID PROPERTY BEING PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23. 7655� N' IT EXHIBIT "B" LEGAL DESCRIPTION EASEMENT FOR PUBLIC STREET RIGHT-OF-WAY THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. THAT PORTION OF THE WEST 265.00 FEET OF THE NORTH 155.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 23 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED APRIL 04, 2017 AS INSTRUMENT NO. 2017-01514891 OF OFFICIAL RECORDS AS PARCEL "B", MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "B" AS SHOWN ON EXHIBIT "B" OF THAT CERTAIN CERTIFICATE OF COMPLIANCE CASE NO. 16-213 COC, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED APRIL 04, 2017 AS INSTRUMENT NO. 2017- 0151489, OF OFFICIAL RECORDS, BEING A POINT ON THE CENTERLINE OF SANTA FE DRIVE; THENCE LEAVING SAID CENTERLINE OF SANTA FE DRIVE SOUTH 00058'51" WEST A DISTANCE OF 35.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88044'35" WEST A DISTANCE OF 204.86 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HA VINO A RADIUS OF 30.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 47.27 FEET THROUGH A CENTRAL ANGLE OF 900 16'34" TO A POINT ON THE EASTERLY LINE OF LAKE DRIVE; THENCE NORTH 00058'51" EASTA DISTANCE OF 35.14 FEET; THENCE NORTH 88044'35" WEST A DISTANCE OF 235.00 FEET; THENCE SOUTH 00058'51" WEST A DISTANCE OF 5.00 FEET TO THE TRUE POINT OF BEGINNING. N. „w f r � ppi ,An s, ..�. 6" EXHIBIT "C" SHEET I OF 1 EA SEMEN T FOR PUBLIC S TREE T RIGH T- OF- WA Y LEGEND: PARCEL A F—S7R[ET DEDICA PON TO APN.- 216-213-02 IHL CITY OF ENCINI TA S t GRANTED HEREON TPOB - 5' EASEMENT FOR PUBLIC STREET RIGH T- OF- WA Y GRANTED TO THE CITY OF ENCINITAS GRANTED HEREON 15500' V le WLY 265I N'LY 1 55'j HE �/40 O 9 HE 1149 MW 1/49 SEC. 23 r/ x PARCEL 8 APN.- 216-213-01 35 00' Jo. 00' 5.00 v I NOTES 1. BEARINGS AND DISTANCES PER CER RFICA 7E OF COMPLIANCE RECORDED APRIL 4, 2017 AS DOC. NO. 2017-0151489 OF O.R. CURVE DATA TABLE NO. 4/BEARING RADIUS LENGTH Cl 4--90'16'J4'v R=30.00' 4727' RIW q35 14' 89.86 N0038'S11E 12500' N0058V'f' 1550 W Y LINE, 1112, f - 112, y NW 114, SEC 23 LAKE DR MAP 15926 LINE DATA TABLE NO BEARING LENGTH L 1 NOO:58'51 'E L=5.00' 0 40 80 1 1 600=11i I SCALE: 1 40' 00- :Z1 JN.- 16- IJ2 6. IJ 2J AMPO ENGINEERING, INC. 171 SQWY ROAD, WE 214 E"TA CA 92024 71L: (;WO) 06-0660 FAX (760) 06-009 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.