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2016-53964 ' DOC# 2016-0053964 Recording Requested By: ) Feb 08, 2016 08:35 AM OFFICIAL RECORDS City of Encinitas ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER When Recorded Mail to: ) FEES: $0.00 PCOR: NIA City Clerk ) PAGES: 10 City of Encinitas ) i505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ,FOR THE BENEFIT OF THE CITY PUBLIC RECREATIONAL TRAIL EASEMENT Assessor's Parcel No: 264-451-11-00 Building No: 15-1648 Zabih A. Fozi and Golnar J. Fozi, as co-Trustees of THE FOZI FAMILY TRUST dated April 20, 2015, 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: i .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): 'Z7 b'l� "2 20 i� Zabih A. Fozi; Owner/co-Trustee Date y Zo I(Q Golnar J. Fozi, Owner/co-Trustee 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 C uncil of the City of Encinitas adopted on November 9, 1994 and the an con n to recordation thereof by its duly authorized officer. Glenn Pruim Date Director of Public Works City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Q,#) P�P.Qh ) On 1-2—p before me, Y✓' b I , Date l/ (� Here Insert Name and Title of the icer personally appeared 6 ICS n I—t—(,t.,l m Name(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 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. WITNESS my hand and official seal. SAMANTHA MORROW P Commission No.2087518 0 NOTARY PUBLIC.CALIFORNIA Sig ature E4WA�U"(.� I SA DIEGO COUNTY g ° y Coffmssion E,Virm May 9.2018 Signature of Notary Public i i Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT SHEET 1 OF 3 LEGAL DESCRIPTION i PARCEL 4 OF PARCEL MAP NO. 6594, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, NOVEMBER 23, 1977. LANO C-D SGT t�D PAUL a E. GOEBEL LS 8486 PAUL E. GOEBEL, PLS 8486 PLSA JOB # 10108 I PASCO LARET SUITER F C CAL�F� DATE: r,r„>. , ,.x ,,:._>.., _ A ASSOCOATES 535 North Highway 101,Ste A,Solana Beach,CA 92075 ph 858.259.8212 1 fx 858-259-4812 1 plsaengineering.com EXHIBIT "B11 SHEET 2OF3 DESCRIPTION THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 6594, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDED NOVEMBER 23, 1977 AS FILE NO. 77-485884 MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 12.00 FOOT WIDE STRIP OF LAND, LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 4; THENCE NORTH 01°40'44" EAST 36.52 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 4 TO THE TRUE POINT OF BEGINNING;THENCE DEPARTING SAID LINE NORTH 34°52'02" EAST 113.21 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY THROUGH A CENTRAL ANGLE OF 44°39'27" 155.88 FEET ALONG THE ARC OF SAID CURVE;THENCE NORTH 79°31'30" EAST 161.49 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 4, SAID POINT BEING 17.45 FEET DISTANT NORTHERLY FROM THE SOUTHEAST CORNER OF SAID PARCEL 4, AND THE END OF SAID CENTERLINE. SIDELINES OF SAID EASEMENT TO BE PROLONGED OR SHORTENED TO TERMINATE AT THE EASTERLY AND WESTERLY LINES OF SAID PARCEL 4. CONTAINS 5167 SQUARE FEET, MORE OR LESS. EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. I L PAUL L a E. GOEBEL ' LS 8486 PAUL E. G EBEL, PLS 8486 PLSA JOB # 10108 ��9TF \����� 4- oI G PASCO CABOT SWER OF CAL DATE: &AWWA` ES 535 North Highway 101,Ste A,Solana Beach,CA 92075 ph 858.259.82121 fx 858-259-4812 1 plsaengineering.com EXHIBIT „C„ SHEET 3 OF 3 PLAT PARCEL 4 w U w � o Q I ° a N 79 031'30" E 161.49' — — — R=200.00' _ IIIIII III II I uIHill L=155.88' iiiiii Jill M D=44 o 39'27' II II I Illliiliiiiiiil III Ili���nnl��� r / 'IIIIIIIIIIIII IIII � °r° w , IIII II iIt RAN FtOAO Q v / I� ICI I I FORTIJNA W MAP 6594 N J C) HATCHED AREA INDICATES I a I / 12' WIDE TRAIL EASEMENT TPOB I I' / I II PARCEL 3 I N 34°52'02" E 113.21' POB / 1 / 36.52' I VICINITY MAP �oN� L�'�'� sG N � PAUL SITE a E. GOEBEL W+.E 44�o I LS 8486 S 9 � 0 60 120 —FORTUNA�� PLSA JOB# 10108 N AUL E. GOEBEL, PLS 8486 PASCO LAREY SUOTER (N.T.S.) DATE-� 535 North Highway 101,Ste A,Solana Beach,CA 92075 g ph 858.259.8212 1 tx 858-259-4812 1 plsaengineering.com 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 foria 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. i 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. i ALL-PURPOSE 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 qa V) b i ea D SS. On 3-2 0 1 6 , before me, P alPfA . M O n , Notary Public, DATE personally appeared ZGh► t—D '1 ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sc�re subscribed ta the within instrument and ackn edged to me that e/ he/they executed the sam is er/their authorized capacity(ies), and that by i /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ANGELA A. SIMON person(s) acted, executed the instrument. N Comm.I2009314 rA 9 NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY — I certify under PENALTY OF PERJURY under the MY Comm.UP.MAR.2,2017 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /L 12L 6, - PLACE NOTARY SEAL INABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT L OF SIGNER - APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://NVWW.VALLEY-SIERRA.COM 02005-2015 VALLEY-SIERRA INSURANCE ALL-PURPOSE 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 SS. IJ On a — y —ZC� �p , before me, Av\G-e- G\ W i �I ryl0►' , Notary Public, DATE personally appeared GO V-)0.t'' r O Z i ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/ re subscribed tot within instrument and acknowle ed to me that he she hey executed the same in • Zeer�heir authorized capacity(ies), and that by his/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. P ANGELA A. SIMON I certify under PENALTY OF PERJURY under the N Comm.# 2009314 'n laws of the State of California that the foregoing NOTARY PUBLIC•CAUFORNIA SAN DIEGO COUNTY — paragraph is true and correct. @MY Corfu.Exp.MAR.2,2017 WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES n GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT \� NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT L �\ OF = SIGNER s APA01/2015 NOTARY BONDS.SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 10 2005-2015 VALLEY-SIERRA INSURANCE