2017-106301 DOC# 2017-0106301
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Recording Requested B Mar 07, 2017 04:31 PM
g q y ) OFFICIAL RECORDS
,I ) Ernest J. Dronenburg, Jr.,
N City of Encinitas ) SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: NIA
When Recorded Mail to: ) PAGES 9
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
SPACE ABOVE FOR RECORDER'S USE
FOR THE BENEFIT OF THE CITY
N�
PUBLIC RECREATIONAL TRAIL EASEMENT
X1`3 Assessor's Parcel No: 264-450-07-00 � � �-
RONALD PECOFF. AN UNMARRIED MAN, 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.
(S):
G t : Z///' (Z9
Ronald Pecoff, Ow er 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
Resoluti n of the ity Council of the City of Encinitas adopted on November 9, 1994
an gr t c ns is to recordation thereof by its duly authorized officer.
Paul Malo e Date'
Interim 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 Califor is )
County of 31 1 ) rI L /
On r 2 before me, L%MaAr I nul r 46-kvL1 4 Iolic
Date F V"�` Here Insert Name and Title of th Officer
personally appeared r " la,& e_ C--
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.
SAMANTHA MORROW WITNESS my hand and official seal.
�+ Commission No 2967518 0
V
NOTARY PUBLIC CALIFORNIA m
SAN DI DIEGO O COUNTY
Commission Expir¢s May 9 2o18
Signaturei���Y2ii�l�(
Signature of Notary Public
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 —1 Attorney in Fact Individual ❑Attorney in Fact
Trustee ❑ Guardian or Conservator -Trustee L Guardian or Conservator
Other: Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907
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 San Diego
On before me, Patty Rivas, Notary Public
(insert name and title of the officer)
personally appeared ?Ecoj�jr— ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)i%/are
subscribed to the within instrument and acknowledged to me that huMNeAhey executed the same in
hkOhffftheir authorized capacity(ies), and that by Weever/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. ff
PATTY RNAS E
WITNESS my hand and official seal. .' cm A,TY o z13o542
NOTARY DIEGO NTMORNIA
( E Npy.nlber 13120*1
Signature (Seal) )
EXHIBIT 11/"111 SHEET 1 OF 3
LEGAL DESCRIPTION
PARCEL 1 OF PARCEL MAP NO. 1178, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, DECEMBER 21, 1972.
PAUL
a E. GOEBEL QO
LS 8486 PA E. GOEBEL, PILS 8486 PLSA JOB# 10108
PASCO LARET S ` R
OF CALIF DATE: (� wc�OOCGC4I��=N
535 Nonh 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 1 OF PARCEL MAP NO. 1178, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY RECORDED DECEMBER 21, 1972 AS FILE NO. 340324 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WESTERLY 12.00 FEET OF THE EASTERLY 26.00 FEET OF SAID PARCEL 1.
CONTAINS 8070 SQUARE FEET, MORE OR LESS.
EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF.
�\ON� LA
CD S SGT
C PAUL
E. GOEBEL rl
LS 8486 PAUL E. GOEBEL, PLS 8486 PLSA JOB# 10108
zlzplzo,� PASCO LARET QTR
G' CALF DATE: -600�0c C Tr
535 North Highway 101,Ste A,Solana Beach,CA 92075
ph 858.259.8212 1&858-259-4812 I pisnengineering.com
EXHIBIT " 111 SHEET 3OF3
,
NW 1/4 SEC 4 PLAT I 1
N 88 054'45" E 639.00' 1
I I
14.00'
12.00'
26.00'
I of
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I co
Lo I o I
w 2 L6 PARCEL 1 I z l
m `° I
PM 1178 II > II
� U) N � I
F o HATCHED AREA INDICATES
Z Z 12'WIDE TRAIL EASEMENT
I � I
I 0I
I ZI
I al
14.00' I I
12.00'
26.00'
I I
N 88°39'50" E 643.36' I I
I I
PARCEL 3
VICINITY MAP
0
SITE
U
Z
N
0 120 240
PLSA JOB # 10108
N ono W E
PASCO LARET SUITER
w�E yo'o &ASSOCIATES
�s (N.T.S.) GPI S PH.858.259.8212 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 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 at 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.