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2017-481969 DOC# 2017-0481969 111111 IIIII IIIII IIIII IIIi 111111 11111 11111 11111 llill 11111 11111 1111 1111 Recording Requested By: ) Oct 17, 2017 03:54 PM 1 ) OFFICIAL RECORDS City of Encinitas ) Ernest J Dronenburg, Jr SAN DIEGO COUNTY RECORDER FEES: $0.00 When Recorded Mail to: ) PCOR N/A City Clerk ) PAGES 9 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DOCUMENT TRANSFER TAX: 0 PUBLIC RECREATIONAL TRAIL EASEMENT V Assessor's Parcel No: 264-172-31� phanie and AI Walker wife and husband 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( 10. 1 "7 17 Steph ie Walker er Date I to. , 201-7 Al Wa er, 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 grantee consents o recordation thereof by its duly authorized officer. _,-Sign for City of Encinitas D�atte'. Print Name Title EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcel 2 of Parcel Map No. 8879 in the City of Encinitas, County of San Diego, State of California, According to Map thereof, recorded June 28, 1979 as File No. 79-270041, more particularly described as follows: E� LAND S V'Z'P FP A Michael A. Wunderlin LS 5210 Exp. 6/30/19 Z ♦ No 5210 lgTfOFckL\F \ 2017-06 ESMT LEGAL A TRAIL.DOC EXHIBIT "B" TRAIL EASEMENT LEGAL DESCRIPTION PARCEL A A portion of Parcel 2 of Parcel Map No. 8879 in the City of Encinitas, County of San Diego, State of California, According to Map thereof, recorded June 28, 1979 as File No. 79-270041, more particularly described as follows: The Westerly 12.00 feet of the Easterly 23.00 feet of Parcel 2 of said Parcel Map No. 8879. Containing 2,769 square feet more or less. LAND s V� P Michael A. Wunderlin LS 5210 Exp. 6130119 Z ♦ No 5210 \Q' lqr£OF C Al\FOK 2017-06 TRAIL ESMT LEGAL.DOC EXHIBIT "C" EASEMENT DATA EXIST. 40' PRIVATE ROAD & UTILITY ESMT. y�i QB EXIST.821' L�ECTTRIC EASEMENT PER DOC. #340002 REC.© EXIST. 40' EASEMENT FOR ROAD & UTILITY PURPOSES PER DOC. #79-109108, REC. 3/15/1979 OD EXIST. 20' EASEMENT FOR INGRESS & EGRESS FOR \ �O TRANSPORTING LIVESTOCK AND EQUIPMENT \ QE EXIST. SEWER EASEMENT PER F/P #75-309578 \ \ REC. 5/5/1975 o 3 PROPERTY LINE I I I W B A L N69'33'40"W 426.30' 8 I �N Q 20' I-- —� PROPERTY I EXIST. FLOWAGE 12{ E LINE z I EASEMENT 12' 7J�li l w L7 I vd I B PARCEL A I; c.n MN rn N I D z N I C 10 20' I--- PROPERTY LINE 9 I CITY OF ENCINITAS E -T N72'38'01 COUNTY OF SAN DIEGO -- ? 4 383.37' ---------�_----- 1 9TH STREET 7.00' R W R W DATA TABLE D LAND S ❑ BEARING LENGTH ���A wuN�F�Fo 1 N72'38'01"W 61.72' P " 2 N15'40'35"E 40.02' 6/30/19 z 3 N74'19'25"W 20.00' No. 5210 t 4 N15'39'55"E 40.02' sl°JE Oe CA1�F��a\p 5 1 N69'33'40"W 23.08' 6 N7T38'01°W 23.01' 7 N15'39'42"E 231.08' 8 N69'33'40"W 12.04' 0 100 200 -- MICHAEL A. WUNDERLIN 9 N72'38'01"W 12.01' LS 5210 EXPIRES 6/30/19 10 N15'39'42"E 230.43' SCALE: 1"=100' PAGE -- OF __ 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. Grantor, for itself, its successors and assigns, hereby waives claim for any and all damages to Grantor'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 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 Cali is ) County of ) On ) D before Na *mil le Date Here Insert me an itle of the Officer personally appeared `c�—�I�2 Name(s) of Signers) 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 DEANA GAY is true and correct. lddclllln� COMM.#2206986 WITNESS d and official seal. SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES '' Si nature Ovic 0ma (0 e" AUGUST 23,2021 g Signature of Notary P lic 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: ©2016 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 S&O On )U— (O- 10(-1 before me, PA0 Date Here Insert Name and Tftk of the OfAcer personally appeared h-Lt v\� �i' ,OG Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be th erson(s) whose name(s) is re bscribed to the within instrument and ackno dged to me that he he/they executed the sa�in hi her/their authorized capacity(ies), and that b his er/their signatur�(�f on the instrument the person(s), the entity upon behalf of which the person(s) ed, 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. SIIION WITNESS my hand and official seal. Corr.b 2182396 W xonar K".GUirowu w 9 W c w.E¢�P.wk z mm Signature o s —6 SjInature 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: 02016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907