Loading...
2017-577881 DOC# 2017-0577881 111111 VIII VIII VIII IIII Iillll 11111 11111 11111 11111 11111 illll 1111 1111 Recording Requested By: ) Dec 12, 2017 02:17 PM OFFICIAL RECORDS Ernest . Dronenburg, Jr., City of Encinitas ) SAN DIEGOJCOUNTY RECORDER FEES. $0.00 When Recorded Mall to: ) PCOR. N/A PAGES 8 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY Iw v, PUBLIC RECREATIONAL TRAIL EASEMENT, j/ t ��4 Assessor's Parcel No: 264-451-07-00� U� r"" � MARY ASHFORD COLLIER TRUSTEE OF THE COLLIER FAMILY TRUST DATED NOVEMBER 30. 2001, 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): I /I L440 L4 Mary Ashford Collier, Owner/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 Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Sign for City of Encinitas Date 1%P1 S7ajOffc,e Z-, EAlriAyGE2 Print Name Title 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 December 7, 2017 before me, Patty Rivas, Notary Public (insert name and title of the officer) personally appeared Mary Ashford Collier who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that N61she/"executed the same in UiWher/gxxx authorized capacity(ies), and that by InWher/tt dx 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. PATTYRIVA9 CamYN. No.2130542 NMARYVUeuc-cAUFaRMA 9AN D1e0o COUtrtr 07 Nov�rpr13,10191 Signature (Seal) EXHIBITSHEET 1 OF 3 LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP NO. 4645, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, APRIL 16, 1976. 'Z'kAND S41,9 c>� `0 PAUL E. GOEBEL * No.8486 s�lx9TFOF CAL\" PAUL E. GO L, PLS 8486 PLSA JOB# 10108 1-Zk T1, PASCO LARET SUITER DATE: �T— -' n Arcro)cC.C°1TmJ 535 Nonh Highway 101,Ste A,Solana Brach,CA 92075 ph 858.259.8212 I fr 858-259-4812 1 pl,annginmrin_ca¢ EXHIBIT11611 SHEET 2OF3 DESCRIPTION THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 4645, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDED APRIL 16, 1976 AS FILE NO. 76-114282 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 2;THENCE SOUTH 88°09'44" WEST 212.48 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING;THENCE DEPARTING SAID LINE NORTH 58°53'07" EAST 181.68 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE WESTERLY;THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 90°02'48" 31.43 FEET ALONG THE ARC OF SAID CURVE;THENCE NORTH 31°09'41" WEST 54.21 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY;THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 27°20'40" 119.31 FEET ALONG THE ARC OF SAID CURVE;THENCE NORTH 58°30'21"WEST 475.41 FEET TO THE BEGINNING OF A TANGENT 270.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 34°28'30" 162.46 FEET ALONG THE ARC OF SAID CURVE TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 2,SAID POINT BEING 37.87 FEET DISTANT SOUTHERLY(ALONG THE WESTERLY LINE OF SAID PARCEL 2) FROM THE NORTHWEST CORNER OF SAID PARCEL 2 AND THE END OF SAID CENTERLINE. SIDELINES OF SAID EASEMENT TO BE PROLONGED OR SHORTENED TO TERMINATE AT THE SOUTHERLY AND WESTERLY LINES OF SAID PARCEL 2. CONTAINS 12298 SQUARE FEET, MORE OR LESS. EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. ENO Su.9p 9 v PAUL E. GOEBEL * N0.8486 Q (Ph OQ2` CALF PAUL E. GOEBEL, PLS 8486 PLSA JOB# 10108 12- (ZOI PASCO LARET SUITER oare�� &ASVGMa7ES 535 North Highway 101,Ste A,Sulana Beach,CA 92075 ph 858,259.82121 tz 856-259-48121 plsaengine ring.cu¢ EXHIBIT "c11 SHEET 3OF3 PM 1178 I I I PM 12234 PLAT I I N 88°24'37" E 648.10' 37.87' \ I R=270.00' L=162.46' D=34°28'30" HATCHED AREA INDICATES I \\ 12'WIDE TRAIL EASEMENT \ \\ CENTERLINE OF 12'WIDE \ \ \ \ TRAIL EASEMENT \ \ �9\ \\\ N�tio\ N N Q0 to N 58°30'21"W 475.41' \ PM 18388 = ; \\ \ \\ o PARCEL 3 \ \\ N PARCEL 2 \ \ \\ Z Z PM 4645 \\\ ®\\ \ 1 R=250.00' L=119.31' D=27 020'40" N 31°09'41"W 54.21' / \ R=20.00' L=31.43' D=90°02'48" \ N 58°53'07" E 181.68' O � \ TPOB 439.98' / ��J�P�212.48' N 88 009'54" E 652.46' O i POB QIAND S Uj/ VICINITY MAP 5� r,F`o N PAUL E. W E ��cti0 GOEBEL 61?, S( No.6466 e V� �L/,�/T IPA pP� S F OF C AL�F SITE \n/ 0 120 240 R_D PLSA JOB# 10108 N PAUL E. GOEBEL, PL 8486 �P� PASCO LARET SUITER E O��J [Z �c7-(7n E=ffM4N� &A930CIATES { F DATE: 535 North Highway 101,Ste A,Solana Beach,CA 92075 s (N.T.S.) ph 85&259S2121 fx 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 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 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 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. 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. 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 C ' rnia ) County of —1 !0_ u On before me j�:�� Date Here Insert�a a ^d Title of the Officer personally appeared Chhs�p� ` ' Name(s) of Signer(' 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. COMM.#2206986 WITNESS my nd official seal. Z SAN DIEGO COUNTY QQ NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES - SI nature ± AUGUST Z3,Z021 g 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 ❑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