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2019-192931 DOC# 2019-0192931 x 1 111111 IIIII IIIII IIIII IIII 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII \O.T Recording Requested By: ) May 21, 2019 04:13 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., City of Encinitas ) SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PCOR: N/A When Recorded Mail to: ) PAGES: 10 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 PEDESTRIAN ACCESS EASEMENT 77'" - APN: 262-160-26, -27 Permit No.: 14075-G/I Site Address: 1920 S. Ell Camino Real Case No.: 16-131 MUP/CDP Encinitas Senior Living, LP, a California limited partnership, 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 Pedestrian Access Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-62 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): Andrew Plant Date Encinitas Senior Living, LP 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. Edward J. Wim Date City Engineer Development.Services Department City of Encinitas r All-purpose Acknowledgment California'only 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 � Z On before me, �� �1sbb, '"�V ����1�_ (here insert name and title of the officer), personally appeared P Y 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 jII III III I III II®III III III III IIIIIIIIII16 and acknowledged to me that he/she/they executed the same in his/ ♦SEpNn4`'�F CHARLES WISDA RON her/their authorized ca acit (ies),and that b his/her/their signature(s)nature(s) = �` `9 P Y Y 9 •. A COMM.#2200192 on the instrument the person(s),or the entity upon behalf of which the CO) = NOTARY PUBUC-CAUFORNIA j person(s)acted,executed the instrument. U SAN DIEGO COUNTY � ��iRppM s My Commission Expires 06!04/2021 �IIII�IItIIIIIII�IIIIIIIIIIIIIIIIIIII� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal WITNESS my hand and official seal. Signature For Bank Purposes Only Description of Attached Document 1 1 Type or Title of Document `QW4, Document Date 1 Number of Pages Signer(s)Other Than Named Above 11 1 11111311 mill 1111 1121111111 1 all OR I DSGS350CA(Rev 02-05/17) FO01-OOODSG5350CA-01 . r• , 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 SeLYl +fib SS. On J�'21 �� l°j , before me, prnae, a_ Mon ,Notary Public, DATE -� personally appeared ���� .�• l.t'► M�'n�i1'� ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ e subscribed the within instrument ant kn e ged to me tha he she/they executed the a i er/their authorized capacity(ies), and that y er/their signature(s) on the instrument the pe (s), or the entity upon behalf of which the ANGELA A. A_t N � person(s) acted, executed the instrument. Comm.#21S 82396 r�n� N Y < NOTARY PUBLIC-CALIFORNIA Url CSAN ME G MARCOUNTY 2021 d 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. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE OPTIONAL INFORMATI N 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 ❑ 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 F1 OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF SIGNER 0 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-20I7VALLEY-SIERRAINSURANCE EXHIBIT"A" PROPERTY LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS,IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: PARCEL 1: (APN: 262-160-27) ALL THAT PORTION OF THE SOUTHERLY SIX ACRES OF THE NORTHERLY THREE- QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST SAN BERNARDINO MERIDIAN,AS SHOWN ON COUNTY OF SAN DIEGO TRACT 3960,ACCORDING TO MAP THEREOF NO. 10675, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,JULY 8, 1983 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL MAP NO. 11058 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 5, 1981 AS FILE NO. 81-068283 OF OFFICIAL RECORDS, BEING A POINT ON THE EASTERLY LINE OF LOT 8 OF SAID MAP NO. 10675; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL MAP NO. 11058 SOUTH 890 24' 55" EAST (RECORD SOUTH 89° 24' 22" EAST) 374.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE NORTH 00 45' 27" EAST 389.01 FEET TO THE SOUTHERLY LINE OF LOT 10 OF SAID MAP NO. 10675; THENCE ALONG SAID SOUTHERLY LINE SOUTH 890 24' 55" EAST 234.45 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10, BEING THE WESTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL (SAN DIEGO COUNTY ROAD SURVEY NO. 1802-1) AS SHOWN ON SAID MAP NO. 10675; THENCE ALONG SAID RIGHT-OFWAY LINE SOUTH 000 39' 09"WEST 389.01 FEET TO THE NORTHEAST CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 11058;THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL MAP NORTH 890 24' 55"WEST(RECORD 890 24' 22"WEST)235.16 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: (APN: 262-160-26) ALL THAT PORTION OF THE SOUTHERLY SIX ACRES OF THE NORTHERLY THREE- QUARTERS OF THE SOUTHEAST OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN,AS SHOWN ON COUNTY OF SAN DIEGO TRACT 3960,ACCORDING TO MAP THEREOF NO. 10675, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1983 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL MAP NO. 11058, FILED IN THE OFFICE OF SAID COUNTY RECORDER, MARCH 5, 1981, BEING POINT ON THE EASTERLY LINE OF LOT 8 OF SAID MAP NO. 10675; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL MAP NO. 11058 SOUTH 89 024'55"EAST(RECORD-SOUTH 89°24'22" EAST)246.13 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID NORTHERLY LINE NORTH 0 045'27" EAST 389.01 FEET TO THE SOUTHERLY LINE OF LOT 10 OF SAID MAP NO. 10675; THENCE ALONG SAID SOUTHERLY LINE SOUTH 89 024'55" EAST 127.92 FEET; THENCE LEAVING SAID LINE SOUTH 0 045'27" WEST 389.01 FEET TO SAID NORTHERLY LINE OF PARCEL MAP NO. 11058; THENCE ALONG SAID LINE NORTH 89 024'56" WEST (RECORD- NORTH 89 024'22" WEST) 127.92 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "B" PEDESTRIAN ACCESS EASEMENT - LEGAL DESCRIPTION THAT PORTION OF THE SOUTHERLY SIX ACRES OF THE NORTHERLY THREE QUARTERS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON MAP NO. 10675, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID MAP NO. 10675 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; AS DESCRIBED IN PARCEL 2 OF GRANT DEED TO ENCINITAS SENIOR LIVING, LP., RECORDED MAY 31, 2018 AS DOCUMENT NO. 2018-221012, OF OFFICIAL RECORDS; BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 10 OF SAID PARCEL MAP 10675, AS SHOWN ON RECORD OF SURVEY NO. 21853, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL 2 OF SAID GRANT DEED; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2 AND EASTERLY LINE OF THE LAND AS SHOWN ON SAID RECORD OF SURVEY NO. 21853, SOUTH 00°39'48"WEST 35.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 00 039'48"WEST 14:80 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 44 020'12"WEST 7.02 FEET; THENCE NORTH 00 039'48" EAST 9.84 FEET; THENCE SOUTH 89 020'12" EAST 4.97 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 61 SQUARE FEET, MORE OR LESS. EXHIBIT "C"ATTACHED HERETO AND MADE A PART HEREOF. L ANA SG , GARY 'AL / D. MELLOM GA D. ELLOM, PLS 8537 4 LS 8537 �^ Z01 s]q,� DATE: N ACCESS PASCO LARET SUITER PEDESTRI EASEMENT &ASSOCIATES PH.858.259.8212 1 PLSAENGINEERING.COM PLSA JOB NO. 2235 SHEET 1 OF 2 EX H I BIT "C" PEDESTRIAN ACCESS EASEMENT PLAT ZOT 10 MAP 10675 10' PUBLIC UTILITY EL CAM I N O COURT / EASE. 05/01/89 F/P. POC (PRIVATE) i 89-227395, O.R. (N 89°25'19"W 362.40') S00°39'48"W - - - - - - - - - - - -7-9 - - - — — — — —234.48'- - - - - _ 35.13' - - - - - - - - - - - - - - - - S89°20'12"E TPOB 20' PRIVATE ROAD PRIVATE ROAD& 4.97' AND UTILITY EASE. UTILITY EASE. N00°39'48"E 12/17/02 12117/02 9.84' S00°39'48"W F/P.2002-1151121, F/P. 2002-1151122, N44'20'1 2"W 14'80' O.R. O.R. 7.02' 63' AP N: APN: 262-160-25-00 262-160-26-00 PEDESTRIAN ACCESS EASEMENT cl) is 61 SQ.FT. N m co rn r co co APN: n �' POR. . SE 1 /4 M co D SEC. 23 T13S w 262-160-27-00 Lo R4W SBM PARCEL 2 OF co Z 0 GRANT DEED °; O Z z 05/31/18 °o m PARCEL 1 OF v F/P. 2018-0221012, ? l m GRANT DEED O.R. r 05/31/18 F/P. 2018-0221012, 20' ROAD& UTILITY EASE. O.R. 08/29/60, F/P. 60-175486, O.R. 02/16/66, F/P. 66-27428, O.R. 04/20/77, F/P. 77-144492, O.R. 127.92' 235.17' (N 89°2426" W 363.09') PM NO. 11058 I PM NO. 11058 PARCEL 2 PARCEL 1 I I LEGEND PROPERTY LINE ADJOINING PROPERTY LINE RIGHT-OF-WAY LINE ------ PEDESTRIAN ACCESS EASEMENT LINE CENTER LINE — — — — — — EXISTING EASEMENT LINE ( ) RECORD DATA PER ROS 21853 PASCO LARET SUITER SCALE = 1" = 80' N PEDESTRIAN ACCESS &ASSOCIATES W E EASEMENT PH.858.259.8212 PLSAENGINEERING.COM PLSA JOB NO. 2235 SHEET 2 OF 2 EXHIBIT "D" Terms and Conditions for Dedication of Public Pedestrian Access Easement The dedication or irrevocable offer of dedication made by the Grantors named in the document dedicating or offering the dedication of public pedestrian access 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 pedestrian access purposes. 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 pedestrian access easement. Grantors hereby further offer 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 pedestrian access. Reserving unto Grantors, their 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. .Grantors hereby further offer to Grantee all trees, growths (growing or that may hereafter grow), and road building materials .within said pedestrian access 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 pedestrian access. Grantee, for itself, its successors and assigns, hereby waives claim for any and all damages to Grantee's remaining property contiguous to the pedestrian access easement hereby conveyed by reason of the location, construction, landscaping, or maintenance of said pedestrian access. 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 pedestrian access easement. Grantor agree 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.