2014-480111 D 0 C ## 201 4-0480111
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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.
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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.
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EXHIBIT "C"
PUBLIC RECREATIONAL TRAIL EASEMENT PLAT
N 86 057'14" E 140 00' — —
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10 00'WIDE PUBLIC
RECREATIONAL TRAIL
EASEMENT GRANTED TO —�
THE CITY OF ENCINITAS 1000,
HEREON 4000'
30 00'
COPPER CREST o
C 69 (PVT)
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� ROAD
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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
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signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
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commission followed by a comma and then your title(notary public).
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Impression must not cover text or lines. If seal impression smudges, re-scat if a
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❑ Attorney-m-Fact Additional information is not required but could help to ensure this
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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)