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2022-367224RECORDING REQUESTED BY Commonwealth Land Title Company Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC# 2022-0367224 Sep 16, 2022 01:58 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 SB2 Atkins: $0.00) POOR: N/A PAGES: 8 -?S- SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY Undersigned GRANTOR declares documentary transfer tax: $0.00 City of Encinitas PUBLIC PEDESTRIAN ACCESS EASEMENT Assessors Parcel No: 260-131-40 DOCUMENTARY TRANSFER TAX " Case #: SI-1 31 Jepson Living Trust DATED November 7. 2019, and any amendments thereto, 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): Jepson Living Trust dated November 7, 2019, and any amendments thereto Patrick Jepson, Trustee" Date AKA Patrick E. Jepson Conveyance is to an exempt governmental entity or political subdivision (R&T 11922) Exempt from fee per GC 27388.1 (a)(2)(D) and GC 27388.2(b)(4); executed or recorded by a government agency 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 Cityof 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. 2- AZ T. Bankston°'~+c--- Date ity Engineer Infrastructure and Sustainability Department City of Encinitas ACKNOWLEDGEMENT 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 rJ On J+,AyNk , a$ apa" _ before me, ff►t Jelt,n _ &ICAW' , Notary Public, personally appeared t h�rj (,k E. J f snp, who proved to me on the basis of satisfactory evidence to be the personal whose named is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iy�S), and that by his/her/their signature) on the instrument the person), 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. L90my CARRIE JEAN FULCHERNotary Public- CaliforniaSignature: --�"� �� (SEAL)Riverside county Commission # 2369633 Comm, Expires Aug 4. 2025 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY 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 2 OF PARCEL MAP NO. 13811, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 29, 1985 EXHIBIT $'B" PUBLIC RIGHT-OF-WAY EASEMENT LEGAL DESCRIPTION AN EASEMENT FOR PUBLIC RIGHT-OF-WAY OVER, UNDER, ACROSS AND ALONG THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 13811, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1984, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 2, ALSO BEING A POINT ON THE SOUTHERLY LINE OF THAT EASEMENT FOR COUNTY HIGHWAY, GRANTED TO THE COUNTY OF SAN DIEGO ON OCTOBER 20, 1954 IN BOOK 5404, PAGE 327 OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL 2, SOUTH 00041'27" WEST (SOUTH 00003'17" EAST RECORD PER PARCEL MAP NO. 13811), 19.20 FEET; THENCE WESTERLY ALONG A LINE THAT IS 19.20 FEET SOUTH OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL 2, SOUTH 89057'42" WEST, 4.59 FEET; THENCE NORTH 75057'50" WEST, 25.49 FEET; THENCE WESTERLY ALONG A LINE THAT IS 13.00 FEET SOUTH OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL 2, SOUTH 89°57'42" WEST, 33.84 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 00041'13- EAST (NORTH 00003'13- WEST RECORD PER PARCEL MAP NO. 13811). 13.00 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 2 AND SAID EASEMENT FOR COUNTY HIGHWAY SOUTHERLY LINE, NORTH 89°57'42" EAST (SOUTH 89013'20" WEST RECORD PER PARCEL MAP NO. 13811), 63.24 FEET TO THE POINT OF BEGINNING; CONTAINING 927 SQUARE FEET, MORE OR LESS. EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. �LANp SUS A. MAROIS PLS 5941wt f ti�� �\ Q 3- 9-22 "' / ARNMAND A. t MAROIS DATE i� PLS 5941 EXHIBIT "A" \ OF EXHIBIT 'C' I -011FI .�MKI • 10 • 20 e • SANTA FE DRIVE R%S 1120 NW'LY CORNER PARCEL 2--, FM+. A PARCEL 1 AFMMAMM A. MAROIS PIS 5941 Z�1�1�1OF bhmnc. land planning, civil engineering, surveyin 5115 Avenida Encinas Suife L Carlsbad, California 92008-4387 (760) 931-8700 33.84' S8957'42"W (S897J'20"W) N89 57'42"E LEGEND - AREA OF ACQUISITION ( ) - RECORD PER PM 13811 - EXISTING PROPERTY LINE S'LY LINE OF COUNTY ROAD SURVEY NO. 1120 P.O.B. NE'LY COI N89 57'42"E PARCEL 2 N75 4.59' _ S8957'42"W WILY LINE OF E'LY LINE OF PARCEL 2 PARCEL 2 - PARCEL 2 PARCEL MAP I J81 1 APN 260-131-40 711 SANTA FE DR EDWARD E. JEPSON, INC. A MAND A. MA IS P.L.S. 5941 DATE: 3-29-22 0i PARCEL 3 K. \Survey\DATA\ 1158\dwg\PLATS\Jepson.dwg EXHIBIT "Dip 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.