2017-577926 4. DOC# 2017-0577926
111111 VIII VIII VIII IIII 111111 VIII VIII VIII VIII VIII VIII IIII IIII
Dec 12, 2017 02:32 PM
Recording Requested By: ) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
City of Encinitas ) FEES $0.00
PCOR N/A
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
PUBLIC RECREATIONAL TRAIL EASEMENT
PkParcel No: 264-160-22/ Permit* 13538-G
KEVIN R DALZELL AND CHRISTINA M DALZELL, TRUSTEES OF THE 2017 KEVIN
R. DALZELL AND CHRISTINA M. DALZELL REVOCABLE TRUST DATED AUGUST 8
2017 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( ):
Dalzell, ner Date
c �� ( 2 " s ^1-7
Christina Dalzell, Owner Date
Signature of"GRANTOR(S)"to be notarized.
Attach the appropriate acknowledgments.
ALL PURPOSE ACKNOWLEDGMENT
7Anotary public officer or other officer completing this certificate
es only the identity of the individual who signed the document to
h this certificate is attached, and not the truthfulness, accuracy
lid of that document
State of California }SS
County of San D eGA }SS
On D .� � I'7 before me,
(here l ert,name and tie of the icer)
personally appeared,
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 is true and correct.
WITNESS my hand and official seal
JULIE L. WOOD
Notary Public•California
z sSan Diego County i
J\ Commission OF 2144778
Signat re M Comm.Es Tres Mar 30,2020
(SEAL)
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.
Christopher . Magdosku Date
City Engineer
Development Services Department
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
REAL PROPERTY IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
THE NORTHERLY 2.00 ACRES OF THAT PORTION OF COLONY OLIVENHAIN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1885, DESCRIBED IN FULL AS FOLLOWS:
LOT 91 AS SHOWN ON SAID MAP,TOGETHER WITH THAT PORTION OF THE EASTERLY HALF OF "N"
STREET AS SHOWN ON SAID MAP,WHICH ADJOINS SAID LOT 91 ON THE WEST,TOGETHER WITH THAT
PORTION OF THE WESTERLY HALF OF"0" STREET, AS SHOWN ON SAID MAP, WHICH DOES NOT LIE
WITHIN LOT 17 OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY,JULY 27, 1898,AND WHICH ADJOINS SAID LOT 91 AND SAID PORTION OF 13TH STREET ON THE
EAST.
APN: 264-160-22-00
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C
EXHIBIT "B"
LEGAL DESCRIPTION OF
PUBLIC RECREATIONAL TRAIL EASEMENT
A PORTION OF THE NORTHERLY 2.00 ACRES OF THAT PORTION OF COLONY OLIVENHAIN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 326,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885,
DESCRIBED IN FULL AS FOLLOWS:
LOT 91 AS SHOWN ON SAID MAP, TOGETHER WITH THAT PORTION OF THE EASTERLY HALF OF
"N" STREET AS SHOWN ON SAID MAP, WHICH ADJOINS SAID LOT 91 ON THE WEST, TOGETHER
WITH THAT PORTION OF THE WESTERLY HALF OF "O"STREET,AS SHOWN ON SAID MAP, WHICH
DOES NOT LIE WITHIN LOT 17 OF RANCHO LAS ENCINITAS, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 27, 1898,AND WHICH ADJOINS SAID LOT 91
AND SAID PORTION OF 13TH STREET ON THE EAST, DESCRIBED AS FOLLOWS:
THE EASTERLY 10.00 FEET OF SAID LAND.
CONTAINING 2,666 SQUARE FEET, MORE OR LESS
EXHIBIT"C"ATTACHED HERETO AND MADE A PART HEREOF.
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GARY
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GARY D. MELLOM, PLS 8537
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9� OF CAL� DATE:
PASCO LARET SUITER TRAIL EASEMENT
&ASSOCIATES
PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2768 SHEET 1 OF 2
EXHIBIT "C"
PLAT OF EASEMENT
LONE JACK ROAD IS A COUNTY MAINTAINED
ROAD. RIGHT OF WAY WIDTH OF 40' IS ASSUMED.
ONLY PORTIONS OF LONE JACK ROAD ARE
KNOWN TO HAVE EASEMENTS OF RECORD
DEDICATED TO THE PUBLIC FOR ROADWAY MAP 9051
PURPOSES
N74°58'15"W 384.77'
CAMINO DEL RANCHO (LONE JACK ROAD)
d
DRAINAGE EASE,
6/05/1980, F/P.80-181587,
O.R. 10,
zo PROPOSED PUBLIC
RECREATIONAL TRAIL Z
w EASEMENT Q
w J
FOR LOT 91 W o
Z COLONY OF OLIVENHAIN O
MAP 326 SDGE EASE,7/14/1989, z 0'
APN 264-160-22 F/P 89-371776, O.R. m
20
ROAD/UTILITY EASE, W CD
3/20/1987, U N
F/P 87-143540, O.R. 30 0_
Q
a_ Z
N74°58'15"W 384.43'
PARCEL 2 �5�� LM/p sG�
PM 17653 �� GARY Fl
a D. MELLOM
LS 8537
RECORD BOUNDARY PER PM 17653 12/11/2017 � CP��E
PASCO LARET SUITER SCALE 1" =60' N TRAIL EASEMENT
&ASSOCIATES
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PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2768 SHEET 2 OF 2
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 Ca' ornia )
County of e G )
On before me,
Date �l Here Insert N2 and Title of a icer\l
personally appeared
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.
DEANA GAY
COMM.a 2206886 D WITNESS Zand official seal.
Z SAN DIEGO COUNTY D
QQ J NOTARY PUBLIC-CALIFORNIAZ
MY COMMISSION EXPIRES Signature
AUG 11ST sa,2G Signature of Notary Pu 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:
02016 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907