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2020-139179 1 DOC# 2020-0139179 (IIIIIIII IIIIIIII II IIIIIIII III III II IIIII II II Requested B Mar 17, 2020 04:59 PM Recording q y ) 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 RECREATIONAL TRAIL EASEMENT �- s Assessor's.Parcel No: 264-011-18 ©c n �� ,�5�,i [6,,1 Rebecca R. Sheets, Trustee of Trust "A" of the Living Trust dated October 28, 1998, an undivided 73.6% interest and Rebecca R. Sheets, Trustee of Trust "B" of the Sheets Living Trust dated October 24, � 1988, an undivided 26.4% interest, 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): �JZ Rebecca R. Sheets, Trustee Date Akfq V14 I'll erSkee4E Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. t _ 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 qrantee consents to recordation thereof by its duly authorized officer. 6�Z�Wd Edward J. WiIrvices Date City Engineer Development Department City of Encinitas EXHIBIT"A" LEGAL DESCRIPTION THE LAND DEFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ENCINITAS, COUNTY OF Sari Diego, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL A OF PARCEL MAP NO. 4786, IN THE 'CITY OF ENCINITAS" COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, FILLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 4, 1976 AS FILE/PAGE NO. 76-171618. PARCEL B: AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER:, WATER, GAS, POWER AND TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 60.00 FEET IN WIDTH,IN LOTS 15 AND 18 OF RANCHO LAS ENCINITAS. IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO THE MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ,JUNE 27, 1898, THE CENTER LINE OF SAID STRIP BEING DESCRI13ED AS FOLLOWS: COMMENCING AT THE CENTER LINE INTERSECTION OF "C" STREET AND 14TH STREET, AS SHOWN ON MAP 3, COLONY OF OLIVENHAIN, THENCE SOUTH 60DEGREE 46 34" EAST, 41.31 FEETTO A POINT ON THE EASTERLY BOUNDARY OF "C" STREET,SAID PAINT ALSO BEING THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 60DEGREE 46' 34" EAST 203.36 FEET TO THE BEGINNING OF A TANGENT 82.00 FOOT RADIUS CURVE, •CONCAVE NORTHWESTERLY; THENCE ALONG THE SAID CURVE THROUGH A CENTRAL ANGLE OF 110DEGREE 42' 01" A DISTANCE OF 158.43 FEET; THENCE NORTH 08DEGREE 31" 25" EAST TO A POINT IN THE NORTHERLY LINE OF SAID LOT 18, DISTANCE NORTH 86DEGREE 45' 0" EAST 475-45 FEET FROM THE NORTHWEST CORNER THEREOF;THENCE NORTH 21 DEGREE 15' 32" WEST 211.85 FEET TO THE BEGINNING OF A TANGENT 40(7.00 FOOT RADIUS CURVE" CONCAVE SOUTHWESTERLY, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49DEGREE 05" 28" A DISTANCE OF 342.72 FEET TO THE BEGINNING OF A REVERSED CURVE HAVING A RADIUS OF 176.00 FEET:THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE'OF 30DEGREE 00' 00"A DISTANCE OF 91.63 FEET;THENCE.TANGENT TO SAID CURVE NORTH 40DEGREE 21' 00" WEST 74.29 FEET TO THE BEGINNING OF A TANGENT 222.14 FEET CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC 01= SAID CURVE THROUGH A CENTRAL ANGLE or 35DEGREE 43' 57" AN ARC DISTANCE OF 138.54. SAID STRIP OF LAND .SHALL BE PROLONGED OIL SHORTENED AS NECESSARY SO AS TO TERMINATE NORTHERLY WITH ALINE HAVING A BEARING OF NORTH 87DEGREE 09' 51" WEST THROUGH THE NORTHERLY TERMINUS OF SAID CENTER LINE: EXCEPTING THEREFROM THAT PORTION WITHIN PARCEL. A ABOVE. PARCEL C:: AN EASEMENT AND RIGHT OF WAY'FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES INCLUDING BUT NOT LIMITED TO ELECTRIC POWER,TELEPHONE,GAS,WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO,TOGETHER WITH 1 I THE RIGHT AND POWER TO CONVEY THE SAME TO OTHERS, OVER, UNDER, ALONG AND ACROSS THAT PORTION DESCRIBED AS FOLLOWS; BEGINNING AT T14E 14ORT14 ESTERLY CORNER OF PARCEL 3 AS SHOWN ON PARCEL MAP NO. 478E PILED IN THE OFFICE OF HE COUNTY RECORDER OF SAS! DIEGO COUNTY, JUNE 4, 1976;THENCE SOUTH 2DEGREE 10" 00" EAST 40.00 FEET. MORE OR LESS, TO THE SOUT14ERLY L,1NE OF THE NORTHERLY 46 ,00 FEET OF SAID PARCEL; THENCE NORTH 870EGI E 00' 53" €AST 100.00 FEET,THENCE SOUTH 67DEGR.EF, 1' 18" EAST 106.08 FEET TO AN INTERSeCTIQIV WITH A LINE PARALLEL WITH AND DISTANCE 30.00 FEET SOUTHWESTERLY FROM THE NORTHEASTERLY LINE OF SAID PARCEL, THENCE ALONG SAID PARALLEL LIFE, NORTH 20DEGREE 59` 39,E WEST X4.00 FEET TO THE 13EGINNING OF A TANGENT V0.00 FOOT RADIUS CURVE. CONCAVE SOUTHWESTERLY, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10DEGREE 36' 01" AN ARC DISTANCE OF 68AS FEET TO AN ANGLE POINT IN THE NORTHERLY BOUNDARY, SOUTH 87DEGREE 00'53"WZST 160,73 FEET TO THE POINT OF BEGINNING. Assys.sor's: Parcel No: 264-010,29.00 EXHIBIT "B" LEGAL DESCRIPTION TRAIL EASEMENT A STRIP OF LAND, 10 FEET IN WIDTH LYING WITHIN PARCEL 1 OF PARCEL MAP NO. 4786, 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 JUNE 4, 1976, THE SOUTHWESTERLY AND WESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 11 OF CITY OF ENCINITAS TM 09-200, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 16309, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 9, 2018,SAID CORNER ALSO BEING A POINT ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 222.14 FEET, TO WHICH A RADIAL LINE BEARS SOUTH 86°13'46" WEST (SOUTH 86°13'46" WEST PER SAID MAP NO. 16309); THENCE SOUTHERLY, 25.26 FEET, ALONG THE WESTERLY LINE OF SAID LOT 11 AND ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 6 030'54" TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY LINE,NORTH 66°08'39" WEST, 11.29 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 22.00 FEET; THENCE NORTHWESTERLY 26.71 FEET ,ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 69°33'18"; THENCE NORTH 03 024'39" EAST, 0.27 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1 AND THE POINT OF TERMINUS; THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE WESTERLY LINE OF SAID LOT 11 AND THE NORTHERLY LINE OF SAID PARCEL 1. CONTAINS 289 SQUARE FEET MORE OR LESS LAND SUgG �PRLES m 1-7-2020 N L.S. 7959 SEAN C. ENGLERT, L.S. 7959 DATE COASTAL LAND SOLUTIONS, INC. slq�OF CAL1F�QP EXHIBIT ,.C„ SCALE: 1 "= 20' TRAIL EASEMENT EXISTING O pH HQ � ° 0113 CITY OF TERMINUS F&H. FWD I CARLSBAD OPEN SPACE EASEMENT TRAIL POINT OF COMMENCEMENT I (N86°13146"E(R)) (N86-35'21"W 809,13') N_86_13 46 ORI I � TRAIL ' 47 EASEMENT N�g,4252"E(R) AREA:289 S F. TRUE POINT \ QF BEGINNING APN: 264-011-18 HID. m 30' G\�QPE��Np.O 609 O T �0 � 11L'NL=.P Ho. I l°JU� 0 0 9� ��� 0 A pal Wo. 4T o @ INDICATES RECORD DATA ��yo2c� y \ ( � PER MAP NO. 16309. LINE TABLE LENGTHI DIRECTION L1 1 11.29' 1 N66'08'39"W cS \ L2 1 0.27' 1 NO3'24'39"E \ CURVE TABLE \ LENGTH RADIUS DELTA C1 25.26' 222.14 6'30'54" C2 26.71' 22.00' 69'33'18" �Q 1.LE SU9 LES I COASTAL LAND SOLUTIONS,INC. � LS577 SECOND STREET N L.S. 7959 ENCINITAS, CA 92024 Ri (760) 230-6025 lifiq JAN. 7, 2020 FAX (760) 230-6026 SEAN C. ENGCERT, L.S. 7959 DATE CA1- � CLS#1564ESMT2 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. 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 16 March, 2020 before me, A. D. Romero, Notary Public (insert name and title of the officer) personally appeared I1�Pi who proved to me on the basis of satisfactory evidence to be the perso whose name is subscribed to the within instrument and acknowledged to me that she y executed the same in ere+r authorized capacity( S , and that by he r signat e( on the instrument the personoq, or the entity upon behalf of which the person"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. 90my A.D.ROMERO Notary Public-California San Diego CounCommission#2306774 Comm.Expires Oct 22,2073 Pow Signatur (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 SS. On 3 - l aL-)ate , before me, , Notary Public, DATE C) personally appeared �G��Q�� ��>� �(l t�Cl ,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 DEANA GAY person(s) acted, executed the instrument. COMM.#2206986 Z SAN DIEGO COUNTY I certify under PENALTY OF PERJURY under the NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES laws of the State of California that the foregoing AUGlJST23,2o21 paragraph is true and correct. WI S my hand and official seal. PLACE NOTARY SEAL IN ABOVE SPACE NOTARY' [ NAT R SSG U E OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. 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