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2014-480111 D 0 C ## 201 4-0480111 Recording q Y Requested B . �����������11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 IN ) NOV 04, 2014 4:13 PM City of Encinitas ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg,Jr,COUNTY RECORDER A When Recorded Mail to: ) FEES 0.00 DCAIA City Clerk ) OC. NA �/F City of Encinitas ) PAGES: 10 505 South Vulcan Avenue C Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC RECREATIONAL TRAIL EASEMENT L� Assessor's Parcel No: 264-223-18 Permit#: 11721-SG RICHARD S. DREYFUSS AND SVETLANA DREYFUSS HUSBAND AND WIFE AS JOINT TENANTS, 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, a Public Recreational Trail Easement, with right to extend trail facilities southerly to the edge of the street, 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 "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF. Z-7 ?z Richar u , Owner Date Svetlana D-rey6g, Owner 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 ran co e s to recordation thereof by its duly authorized officer. 7 /n/3��y Glenn Pruim Date Director of Public Works City of Encinitas Consent of Lien Holder Wells Fargo Bank, N.A. ("Lien Holder"), is the current holder of a Mortgage Deed of Trust dated January 31St, 2008 as recorded in Instrument No 2008-0063520, hereby consents to the grant of the foregoing Public Recreational Trail Easement by Richard S. Dreyfuss and Svetlana Dreyfuss to City of Encinitas and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to said Public Recreational Trail Easement. SIGNED AND EXECUTED thisday of October, 2014 Wells Fargo Bank, N.A. By: ura E Valentine, Vice President STATE of Maryland COUNTY of Frederick BEFORE ME, the undersigned authority, on this day personally appeared Laura E. Valentine, Vice President, of Wells Fargo Bank, N.A. known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS QQ day of October, 2014 N11NIN11 Notary Publi State o a land �fNCTARYI Kristin Jolliff PUBIIC 11 My commission expires 12/20/2014 °y�TON G��rs My Comm.lExp.1?J2=14 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 2, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PAGE 4850 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 24, 1976 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT PUBLIC RECREATIONAL TRAIL EASEMENT THE NORTHERLY 10.00 FEET OF THE SOUTHERLY 40.00 FEET OF PARCEL 2, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PAGE 4850 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 24, 1976 CONTAINS 1,400 SQUARE FEET MORE OR LESS. OQ��FES�ir��,✓ q Q` a SH/E �F Lu rr try K p yy 9OFC : 4Ci EXHIBIT "C" PUBLIC RECREATIONAL TRAIL EASEMENT PLAT N 86 057'14" E 140 00' — — I � I � I I I PARCEL 2 zo PM 4850 co zo M ( O p .0 CD 00 I p N 00 O O Z 0 N O Z II � Cn N 10 00'WIDE PUBLIC RECREATIONAL TRAIL EASEMENT GRANTED TO —� THE CITY OF ENCINITAS 1000, HEREON 4000' 30 00' COPPER CREST o C 69 (PVT) co � ROAD o N 86°57"14" E 140 00' `e) EXISTING PRIVATE NOTES ROAD EASEMENT 1 BOUNDARY INFORMATION SHOWN HEREON CALCULATED PER MAP 4850 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. 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. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 5AN p 4�_4-0 On /o - Z7- /t/ before me, X01 -1 5 k6,41e A1_e_ 4-,ey /44141-le- (Here insert name and title of the officer) personally appeared /e1�/.-WI ' •41vG' S11F71_44_A- A/1 IvsS who proved to me on the basis of satisfactory evidence to be the persoi s>( Vhose namqlj�o ubscribed to the within )instrument and acknowledged to me that 11" executed the same in.lair,,/1; authorized capacity(EP,, and that by+M+"E9)sjgnatur<D on the instrument the persor(ns or the entity upon behalf of which the persor scted, 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. ,,, RON J. SEGAL WI SS in hand and official seal. Commission # 1926501 Notary Public -California i Z : Z San Diego County Signature of Notary Public (Notary Seal) M Comm,Expires Feb 21,2015 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Aniv acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment farm must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefulh•for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/4w3w3 —is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-scat if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-m-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title(i.e.CEO CFO Secretary). • Securely attach this document to the signed document 2008 Version CAPA%12.10 07 800-873-9865 www.NotarvClasses.com ACKNOWLEDGMENT State of California County of San Diego ) On October 31, 2014 before me, Samantha Morrow, Notary Public (insert name and title of the officer) personally appeared Glenn Pruim ------------------------------------------------------------------ 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. *=,t%, ,SAMAN THA MORROW { Commission No.2087518 n WITNESS m hand and official seal NOTARANDIEG CALIFORNIA N Y F SAN DIEGO COUNTY 1 COmmissIon Expires May 9,2018 Signature (Seal)