2018-162075 ' DOC# 2018-0162075
�� 1 111111 IIIII IIIII IIIII 1111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
= Recording Requested By: ) Apr 24, 2018 03:56 PM
OFFICIAL RECORDS
City of Encinitas ) Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S132 Atkins: $0.00)
When Recorded Mail to: ) PCOR: N/A
City Clerk ) PAGES: 15
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
\`Q SPACE ABOVE FOR RECORDER'S USE
U FOR THE BENEFIT OF THE CITY
PUBLIC RECREATIONAL TRAIL EASEMENT
Assessor's Parcel No: 264-143-59-00 Case #: 12709-VA
Travis Kurland King and Jennifer Essey King, Co-Trustees of the Travis Kurland King and
Jennifer Essey King Family Trust, hereinafter called GRANTORS, are the owners 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,
GRANTORS do 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 hereto and
made a part hereof, the real property described as follows:
SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTOR may maintain certain encroachments within the dedicated area until such time
that GRANTEE desires to improve the dedicated area for Public Recreational Trail
purposes, as such encroachments are listed and subject to the conditions included as
EXHIBIT "E" which is attached hereto and made a part hereof.
G RANTO
Travis Kurland King, Owner Date
n' - ssey King, Owner /� Date
Signature of GRANTORS to be notarized.
Attach the appropriate acknowledgments.
y
CALIFORNIA 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 )
)ss.
County of San Diego )
On December 8, 2017, before me, Raeleine K. Nabors, Notary Public, personally
appeared Travis Kurland King and Jennifer Essey King, who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s).ie/are subscribed
to the within instrument and acknowledged to me that tte/solie/they executed the same in
-+is~their authorized capacity(ies), and that 'by -hisAter/their signatures) 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.
aw. RAELEINE lk COMM.#21NOTARY WIBIK-CALEFORNLA
SAN DIEGO MY COMM.EXPIRES DEC.1S,2020
Notary Public Signature (Notary Public Seal)
, 4
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.
Chris Mag skue-/ i%Da�-t/eE
City Engineer
City of Encinitas
i
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, Travis K. King and Jennifer E. King, husband and
wife, as Trustor and First Republic Bank as Beneficiary, desire to have the Deed of Trust
recorded in the office of the County Recorder of San Diego County on March 29, 2012, as
Document No. 2012-0186003 of official records, subordinated to PUBLIC
RECREATIONAL TRAIL EASEMENT ("DOCUMENT" hereinafter).
Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged,
the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of
said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to
said Deed of Trust.
BENEFICIARY:
r l o•r'►o.
Lou rko OC
Print Name Si t re
Creel. �� c er y 1 I 1 /is-
Title Date
Signature of Beneficiary to be notarized.
Attach the appropriate acknowledgments.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution of said Council adopted on November 9, 1994 that the City of
Encinitas accepts and consents to the making of the foregoing Subordination Agreement
and consents to recordation thereof by its duly authorized officer.
---/-1/11A 0 e�– 4 A� 1 ZC ZZ)&,6'/Z2 W8 —
/?
Chris Ma dosku Date
City Engineer
City of Encinitas
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, Travis K. King and Jennifer E. King, husband and
wife, as Trustor and Naw Federal Credit Union as Beneficiary, desire to have the Deed of
Trust recorded in the office of the County Recorder of San Diego County on September
30, 2014, as Document No. 2014-0423028 of official records, subordinated to PUBLIC
RECREATIONAL TRAIL EASEMENT("DOCUMENT" hereinafter).
Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged,
the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust in favor of
said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to
said Deed of Trust.
BENEFICIARY:
Print Name Signature
Title Date
Signature of Beneficiary to be notarized.
Attach the appropriate acknowledgments.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution of said Council adopted on November 9, 1994 that the City of
Encinitas accepts and consents to the making of the foregoing Subordination Agreement
and consents to recordation thereof by its duly authorized officer.
d6e47z4
,
Chris Ma osku i�Date
City Engineer
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 California )
County of Los &) PY Ln )
On ✓1 < <<� 1.0« before me, TZ e5t+1;- 126GEv1 ueL 12u[z. tit o-EAV {TubIlL ,
Date Here InsertYVame and Title of the Officer
personally appeared AAq✓ta. LD1-t-✓cLS Ockoo`-
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person whose name)re
subscribed to the within instrument and acknowledged to me that sh executed the same in
iris er ' authorized capacity(i*,and that by Ms a vetr signatureN on the instrument the person,
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.
TERESITA`RODRIGUEZ Rt1fZ WITNESS my hand and official seal.
Comm ss�on 213 @411 Z
fdbtaryPtiblic-California -z
i ��'Los'Angeles County
M Comm.Ez fires Dec 25,2019 Signature
• ure of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration t-;tlr�document or
fraudulent reattachment of this form to an unintended ment.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Th amed Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited eneral ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ orney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer epresenting: 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 iavl�t.iAJ
County of )
II 1J •
On _ l , Dip) before me, 1�-lm6ejpJ
J _(insert nam and 'tle of the officer)
personally appeared Q►� � L�.YZ�U, �r.—F MS L��� ,
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 instr meet.
a -
Icertify under PENALTY OF PERJURY under the laws of the State of tha a foregoing
paragraph is true and correct.
KIMBERLY LYNN CREWS
Notary WITNESS m hand and official seal. Commonwealth th of
Virginia
Commonwealth of Virginia
Registration No.7291585
My Commission Expires Apr 30,2 0 21
Sign ure (Seal)
CALI IRN[IkALIL-PURPOSE ACet I� lLf ®� fi@1TI CI!!li_ CODE § 9189
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 e- c) )
On 4— 1°l - Z�1 �' before me, 1 i-vry R!Wk`(�
Date Here Insert Name/� and Tile of the Officer
personally appeared CJ o V
Name(s) of Signer(s) `J
who proved to me on the basis of satisfactory evidence to be th -,erson(s) whose name(s�Is/ re
scribed to the within instrument and acknow�ged to me tha Jhe�he/they executed the s in
his er/their authorized capacity(ies),and that by�'his/�fa'er/their signat (Sl on the instrument the person(s),
�e entity upon behalf of which the erson s 'atKfed executed the instrument.
Y P P ( )
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
�►►gam ANGELA.A. SIMON WITNESS my hand and official seal.
a Comm.#2182396 rA
N NOTARY PUBLIC-CALIFORNIA u'
SAN DIEGO COUNTY r
Gi,o `► MY Comm.EXP.MAR. Signature
gnature 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.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) - Item #5907
r
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL 3 OF PARCEL MAP NO. 13491, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, SEPTEMBER 20, 1984 AS INSTRUMENT NO. 84-356821 OF OFFICIAL
RECORDS.
EXHIBIT "B"
DESCRIPTION
THAT PORTION OF PARCEL 3 ACCORDING TO MAP THEREOF NO. 13491, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,AS FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY RECORDED SEPTEMBER 20, 1984 AS DOCUMENT
NO. 84-356821 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THAT CERTAIN IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR ROADWAY PURPOSES GRANTED TO THE COUNTY OF SAN DIEGO PER DOCUMENT NO.
77-254853 RECORDED JUNE 27, 1977 AND LYING WITHIN SAID PARCEL 3.
CONTAINS 4350 SQUARE FEET MORE OR LESS.
RESERVING THEREFROM A PEDESTRIAN EASEMENT
EXHIBIT"C"ATTACHED HERETO AND MADE A PART HEREOF.
LAND
PAUL
F
a E. GOEBEL o
LS 8486 PAUL E. GOEBEL, P S 8486 PLSA JOB#2465
F ?, I& � PASCO LARET SUITER
OF CALF DATE: &ASSOCIATES
PH.858.259.8212 1 PLSAENGINEERING.COM
EXHIBIT "C"
VACATION PLAT/PEDESTRIAN EASEMENT
PARCEL 1
I
EXISTING IRREVOCABLE OFFER TO DEDICATE I PARCEL 2
FOR ROADWAY PURPOSES GRANTED TO
THE COUNTY OF SAN DIEGO PER DOC. NO.
.77-254853 REC. JUNE 27, 1977.
I /
I I N 54 047'36"W 200.00'
30.00' 30.00' 170.00' ' 1
1
HATCH INDICATES AREA OF IRREVOCABLE
I 1
I
OFFER TO DEDICATE TO BE VACATED AND 1
RESERVATION OF PEDESTRIAN ACCESS
. EASEMENT 1 1
I
I o o Z
I C) N 1
Lo L6
`r PARCEL 3 N 1
w w PM 13491 1
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I N N m
I N CV 1 1
I 0 0 Q
I in in co
I M M N 1
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CENTERLINE OF EXISTING 30'WIDE EASEMENT FOR PIPELINES 1
I -
AND INCIDENTAL PURPOSES GRANTED TO OLIVENHAIN
I
MUNICIPAL WATER DISTRICT PER DOC. NO. 77-218563
REC. JUNE 6, 1977. (NOT A PART OF THIS VACATION)
30.00' 30.00' 200.80'
N 54 047'36" W 230.80'
I
I
I
PARCEL 1
I I
PM 12676
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(N.T.S.) DATE: 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, except that electrically-powered
motorized bicycles shall be permitted.
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, I.andscaping, 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.
EXHIBIT "E"
Sheet 1 of 2
Terms and Conditions for
Encroachments in Public Recreational Trail Easement
1. Encroachment Facilities
a. "Versa Court" movable basketball court, black tar paper under "Versa Court, "
basketball court base compound of six (6) to 18 inches of fill dirt, and border
consisting of stackable landscape blocks and wood edging.
b. Stackable landscape block retaining wall, two (2) to five (5) feet high
c. Movable trampoline
d. Three-rail wood fencing
2. Encroachment Area
The encroachment facilities are all existing and encroach upon the Public
Recreational Trail Easement as shown on Exhibit "E",,sheet 2.
3. Special Conditions of Encroachment
a. GRANTOR shall maintain the encroachment facilities and encroachment area at
all times in a safe, sanitary, and good condition at GRANTOR'S sole cost and
expense. GRANTOR shall perform maintenance and repair of the encroachment
facilities and encroachment area requested by GRANTEE from time to time, in
GRANTEE'S sole discretion.
b. At such time that GRANTEE desires to construct a public trail within the Public
Recreational Trail Easement, GRANTOR shall remove all encroachment facilities
within 30 days of the date of GRANTEE'S written request to remove such
facilities, at GRANTOR'S sole cost and expense.
c. GRANTOR hereby agrees to hold harmless, defend, and indemnify GRANTEE
and its agents, servants, employees, consultants, and officers from any and all
claims, actions, liability, losses, costs, damage, or expense of whatever type or
nature to any persons, entities, or property caused by, or claimed to be caused,
in whole or part, by the construction, maintenance, repair, replacement or use of
the encroachment facilities or encroachment areas
EXHIBIT "Ell SHEET 2 OF 2
ENCROACHMENT PLAT
/ PARCEL 1 I
/ I PARCEL 2
WOOD FENCE ALONG PL /
MOVABLE BASKETBALL COURT 1
1
WOOD FENCE ALONG PL 1
1
PARCEL 3
1 1
PM 13491 1 1
TRAMPOLINE
1' 1
LANDSCAPE BLOCK RETAINING WALL
� 1
INDICATES AREA OF IRREVOCABLE 1
OFFER TO DEDICATE, VACATED AND 1
RESERVATION OF PEDESTRIAN ACCESS
EASEMENT
WOOD FENCE ALONG PL PARCEL 1
PM 12676
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PLSA JOB#2465
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T.S.) DATE: PH.858.259.8212 1 PLSAENGINEERING.COM