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2019-521470 �c DOC# 2019-0521470 ��� I III I III II 1 111111 I III 111111 I III IIII 1 111111 I III II Nov 12, 2019 04:18 PM OFFICIAL RECORDS Recording Requested By: ) Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) City of Encinitas ) POOR: N/A PAGES. 9 When Recorded Mail to: ) 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 MODIFYING PARCEL"A" PER DOCUMENT NO. 2010-0440174 te', i�1, E' WA Assessors Parcel No: 264-451-33 PPermit#: 14125-G. Jerry M. Hughes and Barbara Hughes husband and wife as Joint Tenants 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): C�4-- H hes, Date �&J/=�- -- .�L I Barbara Hughes, Owner Dat Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. CALIFORNIA 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 Califo 1 County of c J} On before me, ./w 407 / Date �� // di JAS rt am d itl o th O � r personally appeared le J Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to bet _persoro whose nam (s is/ r subscribed to the within instrument and acknowledged to me that he/she/10 executed the same in hi her/ e r authorized capacity 1es, and tha by his/her/t r signatures on the instrument the perso (s, or the entity upon behalf of which the perso (s acted, executed the instrument. I certify under PENALTY OF PERJURY under the JULIE KAY LAMB laws of the State of California that the foregoing Notary Public-California paragraph is true and correct. San Diego County n Commission 2251717 My Comm.Expires Aug 6,2022 WITN SS my,hand and fficial s I. Signa ur Place Notary Seal and/or Stamp Above ign ur of otary Public OPTIONA \AttachDocument is information can deter Ite ation of the d cu ent or attachment of this form t unintended do ment. Description of Title or Type o 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— [I Limited 11 General ❑ Individual ❑ Attorney in Fact ❑ I ividual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trus e ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Rep senting. 02018 National Notary Association 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 onsents to recordation thereof by its duly authorized officer. dw ard J. Date City Engin r Development Services Department City of Encinitas 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 e) SS. On — 1 Z--2-6 i , before me, , Notary Public, DATE personally appeared !-ALO OKZ� l/V�1 M m eK ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ re subscribed the within instrument and ackn edged to me tha he she/they executed the sa Vhi i /her/their authorize capacity(ies), and that by r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the .�amp� ANGELA A. SIMON person(s) acted, executed the instrument. N CRYUUC' 3O NOTARY PSCAUFRNIA SAN DIEGO coulm – I certify under PENALTY OF PERJURY under the Graoo°� Yr CGYY.E7(P.h1sR.2,2021 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. - aa4- /�- - PLACE NOTARY SEAL IN ABOVE SPACE d 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 ❑ 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 r NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF s SIGNER o 0 APA01/2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2017 VALLEY-SIERRA INSURANCE EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 1 OF PARCEL MAP 20831, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 24, 2010 AS FILE NO. 2010-0510010 OF OFFICIAL RECORDS. EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT THAT PORTION OF PARCEL 1 OF PARCEL MAP 20831, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 24, 2010 AS FILE NO. 2010-0510010 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A 12.00 FOOT STRIP OF LAND MEASURED NORTHWESTERLY AT 90 DEGREE ANGLES FROM THE BACK OF THE CURB ALONG THE NORTHWESTERLY EDGE OF THE PAVED ROAD KNOWN AS CANYON DE ORO.THE SOUTHEASTERLY LINE (BACK OF CURB LINE) MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF AFOREMENTIONED PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 01°13'28" EAST, 12.78 FEET; TO THE POINT OF BEGINNING; SAID POINT OF BEGINNING BEING THE BEGINNING OF A NON-TANGENT 487.50 RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIAL BEARING OF SOUTH 11°01'23" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°57'08", A DISTANCE OF 144.24 FEET; THENCE NORTH 62°01'29" EAST, 369.42 FEET TO THE NORTHERLY LINE OF SAID PARCEL 1. THE SIDELINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED TO TERMINATE NORTHERLY AT THE NORTHERLY LINE OF SAID PARCEL 1 AND WESTERLY ON THE WESTERLY LINE OF SAID PARCEL 1. TOGETHER WITH A 12.00 FOOT STRIP OF LAND WITH THE WESTERLY LINE OF SAID STRIP DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF AFOREMENTIONED PARCEL 1; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, THE SOUTHERLY LINE OF SAID PARCEL 1 ALSO BEING THE CENTERLINE OF CANYON DE ORO AS SHOWN ON SAID PARCEL MAP NO. 20831, BEING A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG AD CURVE THR A CENTRAL ANGLE OF 01-21'13", A DISTANCE OF 11.81 FEET TO A POINT 2.00 FEET EASTERLY FROM THE EASTERLY RIM OF A SEWER MANHOLE NEAR THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID SOUTHERLY LINE IN A NORTHWESTERLY DIRECTION TO THE 90 DEGREE INTERSECTION OF THE BACK OF THE CURB ALONG THE NORTHWESTERLY EDGE OF THE PAVED ROAD KNOWN AS CANYON DE ORO, NORTH 11°41'22"WEST, 12.70 FEET. THE SIDELINES OF SAID EASEMENT TO BE LENGTHENED OR SHORTENED TO TERMINATE F NORTHERLY AT THE BACK OF THE CURB AND SOUTHERLY ON THE SOUTHERLY LIN E O S AID PARCEL 1. LANDSG��ce+ G c JAKE 0. o GAN -5"zo l l LO 904 2 JAKE D. LOGAN, PLS 9042 DATE s04 �Q 4j� OP2 OF CA�-�F 1 \ EXHIBIT "C" \ PLAT OF EASEMENT / / �� \\ PARCEL MAP NO. 20831 / /oS ogo/ rn °-1 L1 LINE & CURVE TABLE C1= R=500.00' A--01'21'13" L=11.81' C� Z,OOj vocs \ L1= N 11'41'22" W 12.70' SEWER MANHOLE W 00 N M r 0 z N SAND SGT G 80 40 0 80 160 p�� Q� . .4 J :17 SCALE IN FEET L.S. 9042 Q SCALE: 1" = 80' p RANCHO COASTAL F ENGINEERING & SURVEYING SINGLE SOURCE DEVELOPMENT CONSULTANT 310 S. TWIN OAKS VALLEY RD., #107-297 SAN MARCOS, CA. 92078 It-5- Zp(ft (760) 510-3152 Ph / (760) 510-3153 Fax JAKE D. LOGAN, PLS 9042 DATE 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. w 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.