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2014-553566 DOC# 2014-0553566 1111111 IIIII I I IIII IIII I IIII I III I II 1111111 IIII Recording Requested By: ) Dec 16, 2014 03 47 PM OFFICIAL RECORDS City of Encinitas ) Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $000 When Recorded Mail to: ) PCOR. N/A City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC RECREATIONAL TRAIL EASEMENT APN: 264-223-12 Case#: 06-149 ADR Grading Plan: 11567-G JON BRYAN BLUMENTHAL AND SHARON LAURA BLUMENTHAL, 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, 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. GRANTOR(S): n Bryan Blumenthal, Owner Date \\ I �a � ►y S ron Laura Blumenthal, 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 Co it of the City of Encinitas adopted on November 9, 1994 and th gra cons is recordation thereof by its duly authorized officer. Glenn Pruim Date e Director of Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 c State of California << ij County of ?_-00 ( On 20)q before me, DC L �Ckr Ct�;(Y P LO((G Date ,�, n Here Insert Name and Title of the officer personally appeared 1J`1)o O i � hi rn(o GNa e(s)of Signer(s) 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 JENNA LEANNE LOCKSTEDT his/her/their authorized capacity(ies), and that by s Commission#2029109 his/her/their signature(s) on the instrument the Z..„ Notary Puc•Csllfonas person(s), or the entity upon behalf of which the 4 Riwrleida f► person(s) acted, executed the instrument. Cam. JYII 17.2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LWITNESS my hand and official seal Signat Place Notary Seal Above Signature of Notary Pu 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: Do VC, Vecrea+iw6d TAI 1 T'0S'� ' Document Date h / let 12 0 1�7A Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) !� Signer's Name \, J011 Rio Signer's Name SVta (� ' ❑ Corporate Officer — Title(s) ❑Corporate Officer — Title(s) Individual >ci:lndividual ❑ Partner— ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other- ❑Other- Signer Is Representing hJ (k Signer Is Representing �j /fir O 2012 National Notary Association •NationalNotary org• 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT'A' LEGAL DESCRIPTION OF PROPERTY PARCEL 2 OF PARCEL MAP NO. 12795, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1983 O p �- 6. 7 4 - ,� Exp. 61 Ifo �9TFOF C MY' EXHIBIT'B' LEGAL DESCRIPTION OF EASEMENT THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12795, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1983 MORE PARTICULARLY DESCRIBED AS FOLLOWS A STRIP OF LAND 8.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 2, SAID POINT BEING ON THE ARC OF AN 800.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 44036'27" EAST; THENCE NORTH NORTHERLY ALONG THE ARC OF SAID CURVE AND THE WESTERLY LINE OF SAID PARCEL A DISTANCE OF 4 71 FEET THROUGH A CENTRAL ANGLE OF 0°20'13"TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID LINE NORTH 15 049'05" WEST, A DISTANCE OF 13.99 FEET; THENCE NORTH 26154'48" WEST, A DISTANCE OF 12.14 FEET, THENCE NORTH 25°27'11"WEST, A DISTANCE OF 42.20 FEET, THENCE NORTH 32°56'51" WEST, A DISTANCE OF 84.70 FEET; THENCE NORTH 33 046'23" WEST, A DISTANCE OF 95 70 FEET TO THE BEGINNING OF A NON-TANGENT 396.50 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 56037'17" EAST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 160 39 FEET, THROUGH A CENTRAL ANGLE OF 23010'38", THENCE NORTH 10 012'04" WEST, A DISTANCE OF 66 11 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP, AND THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHERLY ON THE NORTH LINE AND SOUTHERLY ON THE SOUTH AND SOUTHWESTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO 12795. NPL LANG 4 �,`' 0 o x o '- 7 f E ��9TFQF CA S88°24.48"W I EXHIBIT 'C' -000' PLAT OF EASEMENT 604 56' APN 264-223-35 N83°57'37"W N10°12'04"W LEGEND I 66 11' T P 0 B TRUE POINT OF BEGINING P 0 B POINT OF BEGINING I PARCEL 2 P 0 T POINT OF TERMINUS I P. M . 12795 INDICATES EASEMENT AREA APN 264-223-12 60' OMWD EASEMENT \o w O \ PER DOC#78-489988 0 R \ N o_ 60' ROAD AND UTILITY \ °= © EASEMENT PER DOC#71-304349 0 R �\ 4 4 00' L=160 39' / \ 8 00' R=396 50' \ 4=23°10'38 � � 1j R=800 00' A=0°20'13' \ o \ T.P.O.B. / \ �0 N33°46'23"W\ 1 P. \ 95 70' APN 264-223-10 C'� "�IDETAIL \ F� �O LAND v G. k9 SG o N32°56'51"W 84 70' B 0 �\ . 74 x E N25°27'11"W T9TF0FCA1-�F� B 42 20 N26°54'48"W \ 12 14' ® SCALE. 1' = 50' \ —\ N15°49'05"W \ 13 99' 0 50 100 SAN DIEGUITO ENGINEERING, INC \ \ 417 43' 4407 MANCHESTER, SUITE 105 \ N87 29'39"E ENCINITAS, CA. 92024 \SEE DETAIL % PHONE. (760) 753-5525 — CIVIL ENGINEERING • PLANNING _ — — APN 264-223-24 LAND SURVEYING seE-aTA io+TA PR4X=s+ec.o1 mjMXnw aWo siaaor OHN PLAT OF EASU*w SDE 5186 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. 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. State of California County of San Diego ) On December 12, 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. SAMANTHA MORROW WITNESS my hand and official seal Q NOTARY PUBLIC CALIFORNIA fn } SAN DIEGO COUNTY /� } Commission Expires Mey 9,�g Si nature`���� (Seal) 9