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2011-697147Recording Requested By: City of Encinitas ` When Recorded Mail to- r City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC p 2011-0697147 111111IIIItlMlIINIIYIVIIIVIIIVIIIVIIIIIIII IIIIIIIIIIIIIIIIII DEC 27, 2011 3:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg, Jr , COUNTY RECORDER FEES 0.00 OC NA PAGES: S SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY V ~0- PUBLIC RECREATIONAL TRAIL EASEMENT Assessor's Parcel No 254-663-05 f DOCUMENTARY TRANSFER TAX Encinitas Ranch Community Association, a California Nonprofit Mutual 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 LOT 13 OF CITY OF ENCINITAS TRACT NO 99-137, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 13998, RECORDED JULY 11, 2000 AS FILE NO 2000- 365640 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY do(es) hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Recreational Trail Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-60 adopted October 28, 2009, included as EXHIBIT "D" 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 GRANTOR(S Richard Stern President, Encinitas Ranch Community Association Date Signature of "GRANTOR(S)" to be notarized Attach the appropriate acknowledgments CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of- On 12. A-K h/ beforeme~ 54 64 /c A4 /4.6-7'0 U,e, ~)CTi`JP(JL3L/C Date Here Insert Name and Title of the Officer personally appeared_&1-1141eV 10. 6 E IC IJ Name(s) of Signer(s) 1916144 < =Sanoiego MILLJOUR - Callfornia t;~nj Coun ty A . 6, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sjohre subscribed to the within instrument and acknowledged to me that he he/they executed the s me iil~ his er/their authorized capacity(ies), and that ber/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 Signatur ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name. ❑ Individual ❑ Corporate Officer - Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other- Signer Is Representing: Signer's Nal ❑ Individual Number of Pages. ❑ Corporate Officer - Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827 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 grante onsents to recordation thereof by its duly authorized officer L -Z L -ll Lawrence A. att Date Interim Director of Engineering Services City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Z before me, p~LW AdI4 &1ZZ7P&X, X)d7,~WLJ D to Here Insert Name and Title of the Officer personally appeared I/~9T% Name(s) of Signer(s) RANDA GAIL MILWOUR Commission #1916144 < N Notary Public - CaliforniaN > San Diego County A My Commission Exp. Jan. 6, 2615 Place Notary Seal Above who proved to me on the basis of tisfactory evidence to be the person(s) whose name(re subscribed to the in instrument and acknow ged to me that e/ a/they executed the siune ' hi her/their authorized capacity(ies), and that er eir 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 and official seal Signature ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date. Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name- El Individual ❑ Corporate Officer -Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing: Top of thumb here Number of Pages. Signer's Name- El Individual ❑ Corporate Officer - Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "D" Terms and Conditions for Dedication of Public Recreational Trail Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public recreational trail 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 public recreational trail purposes which include, without limitation, use by members of the public to walk, jog, run, ride horses, and operate non-motorized bicycles The real property referred to above is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document dedicating or irrevocably offering to dedicate the public recreational trail easement. Grantor hereby further offers to Grantee the privilege and right to perform grading and to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described land where deemed necessary by Grantee for the construction and maintenance of said public recreational trails. RESERVING unto Grantor, successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by Grantee Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said trail easement, including the right to take water, together with the right to use the same in such manner and at such locations as Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said public Trails Grantee, for itself, its successors and assigns, hereby waives claim for any and all damages to Grantee's remaining property contiguous to the trail easement hereby conveyed by reason of the location, construction, landscaping, or maintenance of said public recreational trails 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 The termination and abandonment may be made by the Grantee This dedication or offer of dedication shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees, and assigns of the respective parties At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of recreational trail easement. 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 EXHIBIT "A" LEGAL DESCRIPTION APN. 254-663-05 VESTING- ENCINITAS RANCH COMMUNITY ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION THAT PORTION OF LOT 13 OF CITY OF ENCINITAS TRACT NO. 99-137, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 13998, RECORDED JULY 11, 2000 AS FILE NO. 2000-365640 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 26 OF CITY OF ENCINITAS TRACT NO 00-128 ACCORDING TO MAP THEREOF NO. 14344, RECORDED FEBRUARY 20, 2002 AS FILE NO. 2002-0144417 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 26 SOUTH 06°32'27" WEST 58 64 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY SOUTH 79040'00" WEST 116.39 FEET, THENCE NORTH 45°31'39" WEST 6.51 FEET; THENCE NORTH 28°55'53" EAST 92.96 FEET TO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF SAID LOT 13, SAID POINT BEING ON A NON-TANGENT 630.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL FROM SAID POINT BEARS SOUTH 05°57'48" EAST, THENCE ALONG SAID EASTERLY BOUNDARY, EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7°23' 12" A DISTANCE OF 81.22 FEET TO AN ANGLE POINT IN SAID EASTERLY BOUNDARY; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY, NON-TANGENT TO SAID CURVE, SOUTH 01°25'24" WEST 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0 175 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL L. SCHLUMPBERGER, PLS 7790 Decc~be,r- /_3 DATE LAND SU9~ ~SCHtU~p~ Lam,` --j UP ~9~ ~7 * Exp. IZ131111 k\, No7790 ~ GAi-~FG EXHIBIT "B" SCHt ~O L A L S, r U No 7790 E 12/31/ N 0 iN J L~ I r' p 7'23'12" 1 Il c R=630.00' L=81 22' m Jl 1 NOTE. BEARINGS & DISTANCES SHOWN HEREON ARE BASED ON RECORD INFORMATION PER MAP 13998. S01-25'24"W(R) 10 00' xp / S \Q 10' PUBLIC PEDESTRIAN OF CALF ACCESS EASEMENT PER P.O.B. MAP 13998' co 20' PUBLIC STORM 3 DRAIN EASEMENT PER h~ MAP 13998 U [lap 14344 / N45'31'39'W / 651' 39~ / 40'00 ,.W 116. / 579. APN• 254-663-05 / 13 MAP 13998 SCALE. 1"=30' SHASTA DRIVE THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH T PROFESSIONA LAND SURVEYOR'S ACT ~2- Dece," -i-)er 13, zo, l MICHAEL L. SCHLUMPBERGER. PLS 7790 Right-Of-Way Engineering Services, Inc. 615 S. Tremont Street • Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 File Name: Shosto Dr Trail Esmt.dwg Job No. 1111-0060-06 DENOTES TRAIL EASEMENT AREA 0.175 ACRES MORE OR LESS