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2017-383327 DOC# 2017-0383327 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllillllllll n Aug 22, 2017 04:28 PM Recording Re B OFFICIAL RECORDS 9 nested 4 y ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER City of Encinitas ) FEES. $0.00 When Recorded Mail to: PAGES 11 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 �LJ , LA Assessor's Parcel No: 264-450-09-00� Z�� „% JEROME VINCENT NAVARRA AND ELEANOR SCOTT NAVARRA, AS TRUSTEES OF THE JEROME NAVARRA FAMILY TRUST. DATED AUGUST 31. 1988. AS TO AN UNDIVIDED 1/2 INTEREST: AND ANN L. NAVARRA, AS TRUSTEE OF THE ANN L. NAVARRA TRUST DATED NOVEMBER 19. 1991. AND ANY AMENDMENTS THERETO, AS TO AN UNDIVIDED '/ INTEREST, 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. 4826-0624-6201.2 G u/ - J oW Vi&ent�lav rra, Owner/Trustee Date MEI anor Scot Navarra, Owner/Trustee Datte� / Yl�(J"" -2 ZD(-ir- Ann L. Navarra, Owner/Trustee Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgements. 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 grantee consents to recordation thereof by its duly authorized officer. 4 ee-loot Date Snfe";. L/;& 6n9;knee/ CIi V OP C4ci1 ,Ihcs 4826-0624-6201.2 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 5Arj D IIEGC) ) On fU-44 A7 ,"O C] before me, P. Date Here Insert Name and Title of the Officer personally appeared ,TEV_D4AE- VltJC&-t LAAVAiZ" NameA$-of Signed who proved to me on the basis of satisfactory evidence to be the personN whose named is/are- subscribed to the within instrument and acknowledged to me that he/GhaAhey executed the same in hisAheFAhe r authorized capacity(4,-s), and that by hls1hAF 4heir signatureW on the instrument the person(,i(I, or the entity upon behalf of which the personN 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. TRACY P.MAIL. WITNESS my han and official 'eal. y Notary Public-California San Diego County Commission M 2191190 My COmm.EKpires May 9,2021 Signature Signa ure 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 D m nt c (C. Z&pyFT10nlAL Title or Type of Document: ' I r Faz;g rvtFp� Document Date: !I.IL V Xl Q-01� Number of Pages: Signer(s) Other Than Named Above: EL�r�oR S�. — �lA VRR-R-A AT.m Capacity(ies) Claimed by Signer(s) An1n1 L. "AVA9,F-A Signer's Name: StR-vrvLL= VIr• mriT QAVAO+A is Name: Corporate Officer — Title(s): Corpo fficer — Title(s): Partner — ❑ Limited General Partner — ',_I d _- General Individual I Attorney in Fact Individual Ial Title(s) Fact k Trustee/OLo�IJ Guardian or Conservator Trustee Guardian o servator 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 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 G&J DIt O ) On TILI.-t/ }$ DICI-1 before me, 9AC-V P. t1A-L,1._ Qc`fA" PL.LPL_IC. Date Here Insert Name and Title of the Officer personally appeared ELEAY,-i o(L SCX,`C't ►, AyA' ?' A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person) whose name(v1 is/ere- subscribed to the within instrument and acknowledged to me that he/sheA OAa y executed the same in hie/her/thoe F authorized capacity0"), and that by*49;4her/44eirsignature(u)on the instrument the personw, or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TRACY P.HALL It Notary Public-California WITNESS y hand a off icial-s al. San Diego County Commission M 2191190 My Comm.Expires May 9,2021 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do r men�C R Ec RFx to�aa__ Title or Type of Document: tt¢al =ASewLEu r Document Date: TILI-Lj al, r3011 Number of Pages: 7 Signer(s) Other Than Named Above:�TE20WLE VIUC.la.1T i A-VARp$_ AT.ID Capacity(ies) Claimed by Signer(s) AMO L. NAVAVaA Signer's Name: ELEflPJW SMTT V�IAVAV_V E- Sig Name: Corporate Officer — Title(s): Corpor Qfficer — Title(s): Partner — L, Limited General Partner — Lamed General Individual 1 1 Attorney in Fact Individual C ey In Fact XTrustee L Guardian or Conservator Trustee I Guardian e onservator )c Other: DLJtiIE59- Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 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 SAij NEGO ) On U lU �/ 3L(� before me, T _Acy p +4-P(L_y QnrAa- Pv-eL tc Dat� Here Insert Name and Title of the Officer personally appeared AjtJ L - NAVA (Zt A Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(o whose namew is/are- subscribed to the within instrument and acknowledged to me that WsheAkey executed the same in 4WIner/tkek authorized capacity(ies), and that by his/herAheN signature(sj on the instrument the person(,, or the entity upon behalf of which the person(p) 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. TRACY Public Nnu WITNESS my hand nd offici I seal. Notary Public-California -" San Diego County Commission#2191190 My Comm.Expires May9,2021 Signature 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 Do umen Title or Type of Document: tt _—art 0 AL Document Date: �TILL� J` Number of Pages: Signer(s) Other Than Named Above: PIS 10 C. AN� Capacity(ies) Claimed by Signer(s) OrK6 V1NC 11kWFRyz Signer's Name: Atjhj L. WAVA9-" Sig 's Name: Corporate Officer — Title(s): Corp e Officer — Title(s): Partner — _I Limited General Partner — imited - General Individual C Attorney in Fact Individual ttorney in Fact �CTrustee I_- Guardian or Conservator Trustee GO 'an or Conservator Other: bLJQC*_ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907 EXHIBIT "All SHEET IOF3 LEGAL DESCRIPTION PARCEL 3 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. Lq� PAUL CL E. GOEBEL LS 8486 PAUL E. GOEBEL, PLS 8486 PLSA JOB#10108 tpT9TF '�� ?(zt. I-zo« _ PASCO LARET SUITER CF C DATE 4A-9-S VASE S 535 Nonh Highway 101,Sic A,Solana Beach,CA 92075 ph 858.259.82121&858-259-48121 p1mcngincering.com EXHIBIT „B„ SHEET 2OF3 DESCRIPTION THAT PORTION OF PARCEL 3 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: A 12.00 FOOT WIDE STRIP OF LAND, LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3;THENCE SOUTH 88°24'37"WEST 12.30 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL 3 TO THE TRUE POINT OF BEGINNING;THENCE DEPARTING SAID LINE TO THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE EASTERLY(A RADIAL TO WHICH POINT BEARS SOUTH 74°28'33" WEST);THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 13°42'55" 64.63 FEET ALONG THE ARC OF SAID CURVE;THENCE NORTH 01*48'32"WEST 608.62 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 3,SAID POINT BEING 12.30 FEET DISTANT WESTERLY(ALONG THE NORTHERLY LINE OF SAID PARCEL 3) FROM THE NORTHEAST CORNER OF SAID PARCEL 3 AND THE END OF SAID CENTERLINE. SIDELINES OF SAID EASEMENT TO BE PROLONGED OR SHORTENED TO TERMINATE AT THE NORTHERLY AND SOUTHERLY LINES OF SAID PARCEL 3. CONTAINS 8079 SQUARE FEET, MORE OR LESS. EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. PAUL a E. GOEBEL LS 8486 PAUL E. GOEBEL, PLS 8486 PLSA JOB# 10108 E PASCO LARET SUITER CF CALF DA _ A�3�cHAT N) 535 Nwth Highway 101,Ste A,Solana Beach,CA 92075 ph 858.259.82121 fx 858-259-48121 p1mengineering.cow EXHIBIT ,fC„ SHEET 3OF3 PARCEL 1 PLAT 12.30' 1 1 N 88°39'50" E 643.36' 1 I wl I ° I I tI I � I UI HATCHED AREA INDICATES 1 O 12'WIDE TRAIL EASEMENT 1 z Ln I � I I I I I (N wm n PARCEL 3 v w � I � I N PM 1178 N 01 048'32"W 608.62' a 1 N � z ~ o Z I z I I CENTERLINE OF 12'WIDE TRAIL EASEMENT I I I I I I I I I I I I I I R=270.00' L=64.63' D=13°42'55" S 74°28'33"W(R) 1 1 j POB- N 88 024'37" E 647.73' TPOB PM 18386 � 12.30' L N VICINITY MAP �S�ON� �bs�'P PAUL F� of o a E. GOEBEL W E SITE Ls $ass VIIAZ sT9� � S CF Cn��F 0 120 240 PLSA JOB# 10108 N 0 Pa E. GOEBEL, PL 466 PASCO LARET SUITER a (N.T.S.) GPa DATE: 535 Noah Highway 101,Ste A,Solana Hcach,CA 92075 S ph 858.259.8212 fx 858-259-08121 plvengin ring.ca EXHIBIT M" 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, over, and across the hereinafter described real property for public recreational trail purposes only which include, without limitation, use by members of the public to walk, jog, run, ride horses, and operate non-motorized bicycles. Under no circumstances shall such easement be used for the operation of motorized vehicles. Notwithstanding anything to the contrary herein or in the herein, Grantor and its successors and assigns shall have the right to temporarily restrict ingress and egress over the such easement area to maintain or repair the servient estate or to facilitate the construction of and construct any improvements thereon, including any improvements in the easement area, including driveways and utilities serving the servient estate. 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 within the limits of the herein described land where deemed reasonably 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 (not to be unreasonably withheld, conditioned or delayed), the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by Grantee. Any improvements to the easement area undertaken by Grantee shall at all times comply with all applicable laws, rules and regulations. Grantee shall diligently prosecute the completion of any such improvements. All construction shall be staged in a manner that will enable Grantor and invitees to have continuous access to the servient estate. Grantee shall maintain the easement area at its sole cost and expense. Notwithstanding the foregoing, in the event of any damage to the servient estate resulting from Grantee's or the public's use of, or entry upon, the servient estate or the easement area. Grantee shall promptly and diligently repair any such damage to the servient estate or the easement area to the satisfaction of Grantor at Grantee's sole cost and expense. Subsequent to notice and a thirty day opportunity to cure (except in the case of an emergency where no such notice shall be required), in the event Grantee fails to properly maintain the easement area or repair any such damage, then (i) Grantor may so maintain the easement or repair such damage, and (ii) Grantee shall reimburse Grantor for the reasonable costs thereof within thirty (30) days after Grantor delivers an invoice thereof to Grantee. Grantee shall indemnify,defend and hold Grantor harmless from any and all costs,claims, liabilities, causes of actions, and expenses consequently, directly or indirectly incurred (including legal and other professional fees and expenses) and arising from, or related to, Grantee's and the public's entry onto the real property described herein or the use of the easement created hereby, except to the extent caused by the gross negligence or willful misconduct of Grantor. 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. EXHIBIT "D" -1- 4826-0624-6201.2 r 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. EXHIBIT"D" -2- 4826-0624-6201.2 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 Sa IA elc\c ) On before me, Pilya2 Ifn III S` 010yg , Noleqv U �t Date _ Here Insert Name and Title of thb Officer personally appeared r(l� Vl 3e IOC�� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to bet erson(s) whose name( is% re scribed to the within instrument and ackngwrdoged to me that he he/they executed the same in hi her/their authorized capacity(ies), and that b his her/their signatur on the instrument the person(s), r the entity upon behalf of which the person(s) cted, 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. ANGELA A. SIMON� WITNESS my hand and official seal. 3' s CSAN M 2182386 wmrm.112182396 SAN ortP. coM� T w.,.a m coiw Far.aw'.t,tam Signature S nature 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 ❑ Attorney in Fact Individual ❑Attorney in Fact Trustee ❑ Guardian or Conservator Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 020116 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907