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2018-280572 DOC# 2018-0280572 �' I11111111111IIIIIIIIIIIIII11111111111IIIIIIIIIIIIIIIIIIII IIIIIIIIIII Jul 10, 2018 02:57 PM Recording Requested By: ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City of Encinitas SAN DIEGO COUNTY RECORDER y ) FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A When Recorded Mail to: ) PAGES: s 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 1 Assessors Parcel No: 264-451-28-00 % G CRAIG O. LEWIS AND JANICE S. LEWIS, TRUSTEES OF THE CRAIG AND JANICE LEWIS FAMILY TRUST DATED JANUARY 15. 2003, 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. GRA S): -7 3 �� i O. wis, Owner/Trustee Date 7 —.3 ice S. Lewis, 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. 6&&X/Z I e:�I �"/� l Sign for eity of Encinitas 59te 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 July 3, 2018 before me, Patty Rivas, Notary Public (insert name and title of the officer) personally appeared Craig 0. Lewis and Janice S. Lewis who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that M) they executed the same in ftx k /their authorized capacity(ies), and that by VW14W/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. PATTY RNAS WITNESS m hand and official seal. = NOTARY Co+�mnsion No.2130542 Z Y SAN DIEGO CALIFORNIA cc MMM n E)*es November 13,2019 j Signature (Seal) ALL-PURPOSE 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 �tC7 SS. On `�— C(—ZO I cc , before me, �D� ��►r�U Y� ,Notary Public, DATE personally appeared Gk t'IS la e kr /v Q c e).ko ,who proved to me on the 1j j basis of satisfactory evidence to be the person(s)whose name( i are subscribe6h�e the within instrument and ac edged to me tha she/they executed the sam his er/their authorized capacity(ies), and that by is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .. CW ANGELA A. SIMON I certify under PENALTY OF PERJURY under the Q NOURY PMUC-au3oR,u N laws of the State of California that the foregoing Sew Duo Carrin is true and correct. ,fir cobra;�.�1.z,202 � paragraph WITNESS my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT F] INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR SUBSCRIBING WITNESS ❑ DATE OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF SIGNER o a 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT 11/`''x„ SHEET 1 OF 3 LEGAL DESCRIPTION PARCEL 3 OF PARCEL MAP NO. 18388, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, DECEMBER 3, 1999. LANp s L PAUL E. GOEBEL o a LS 8486 PAUL E. GO EL, LS 8486 PLSA JOB#10108 zPASCO LA ST SUITER OF DAT : a ASSoMATES 535 North Highway 101,Ste A,Solana Beach,CA 92075 ph 858.259.8212 1 fx 858-259-48121 plsaengineering.com EXHIBIT „B" SHEET 2 OF 3 DESCRIPTION THAT PORTION OF PARCEL 3,OF PARCEL MAP NO. 18388, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDED DECEMBER 3, 1999 AS FILE NO.99-792428 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 NORTHEAST CORNER OF SAID PARCEL 3;THENCE SOUTH 01°17'21" EAST 37.88 FEET ALONG THE EASTERLY 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 77°32'51" WEST);THENCE NORTHERLY THROUGH A CENTRAL ANGLE OF 08°28'05" 39.90 FEET ALONG THE ARC OF SAID CURVE 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 EASTERLY LINES OF SAID PARCEL 3. CONTAINS 475 SQUARE FEET, MORE OR LESS. EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF. LANp S L PAUL F a E. GOEBEL o a LS 8486 PAUL E. GOEBEL, PL 8486 PLSA JOB#10108 o��`� —7�21�� PASCO LARET 1 9TF OF CALF DATE: &A6800ATES 535 North Highway 101,Ste A,Solana Beach,CA 92075 ph 858.259.8212 1 fx 858-259-48121 plsaengincering.com EXHIBIT ficil SHEET 3 OF 3 PLAT PM 1178 PM 12234 N 88°31'05"W 647.73' / w 0 to LO N Zo r CENTERLINE OF ITRAIL 12 ' 12'WIDE TRAIL POB\PARCEL 3 EASEMENT _ti fO TPOB HATCHES 77°32'51"W INDICA (�� WID / ti I EASEMENTS i w N PM 18388 o PARCEL 2 z z I I —\ I � \ I I \ I PARCEL1 I NPR N VICINITY MAP I-'gN0���° sG� PAUL L E. GOEBEL o w E 06.5'1 LS 8486 + SITE do `P,qT ���� S va O'A F OF CAL�FO 72- 0 120 240 N �G Q� PLSA JOB# 10108 2\ C) N PAUL E. GOEBEL, PLS 8486 PASCO LWRET W E —FORTU NA DATE: 535 north Highway 101,Ste A,Solana Beach,CA 92075 S (N.T.S.) ph 858.259.82121 fx 858-259-48121 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.