2022-367223RECORDING 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# 2022-0367223
Sep 16, 2022 01:58 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 132 Atkins: $0.00)
POOR: N/A
PAGES: 8
09185675 1 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
Assessor's Parcel No: 260-131-39
Case M SI-131
amendments thereto and Patrick Edward Jepson, 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): Patrick Jepson, Trustee of the Jepson Living Trust dated November 7,
2019, and any amendments thereto
Pa -trick JepsorK, Trustee Date
Patrick Edward Jepsony
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
CALIFORNIA ALL-PURPOSE 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 C
County of \ —�,ar -e a 0
On `�191`Z Q�Z before me V b-ei1 e ► LA
DATE _ V— NAME TITLE OF OFFICER- E.G.. 9W ANE E; N TARY PCBUC
personally; appeared a —Ft 1 G Edwcw ItZFe �r
NAMS) OF GNER(S)
who proved to me on the basis of satisfactory evidence to be
the person(s)wbose name(s) is/are subscribed to the within
ASHLEYS. R instrument and acknowledged to me that he/she/they executed
COMM. #24D4191 z the same in his/her/their authorized capacity(ies) and that by
Notary Public • Californ:20
o his/her/their signature(s)on the instrument the person(s), or the
z San Diapo County entity upon behalf of which the person(s) acted, executed the
Comm. E Ma 13, 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.
Though the data below is not required by law, it may p Owe valuab o persons relying on the documents
and could prevent fraudulent reattachment of this form.
IcCAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER !4s L4'c, pedejfv j At n. q n--to, 5-
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ LIMITED PARTNER(S)
❑ GENERAL PARTNER(S)
❑ ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIANICONSERVATOR
❑ OTHER:
9
NUMBER OF PAGES
9/-/zo7,2-
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
.ACKNONY (T)Sl Rev. 1050114)
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.
/7,2—
A '. Bankston Date
City Engineer
Infrastructure and Sustainability Department_
City of Encinitas
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF ENCINITAS, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND AS DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP NO. 13811, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED 1N 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 1 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 1, 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 1, SOUTH 00°41'13" WEST (SOUTH
00003'31" EAST RECORD PER PARCEL MAP NO. 1.3811), 13.00 FEET;
THENCE WESTERLY ALONG A LINE THAT IS 13.00 FEET SOUTH OF AND PARALLEL WITH THE
NORTHERLY LINE OF SAID PARCEL 1, SOUTH 89057'42" WEST, 45.80 FEET;
THENCE SOUTH 50023'08" WEST, 12.56 FEET TO THE BEGINNING OF A NON -TANGENT 20.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH
00°02'18" WEST;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89016'29", AN ARC
DISTANCE OF 31.16 FEET TO THE POINT OF CUSP WITH THE WESTERLY LINE OF SAID PARCEL 1, A
RADIAL BEARING TO SAID POINT BEARS NORTH 89018'47" WEST;
THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 00°41'13" EAST (NORTH 00°03'23" WEST
RECORD PER PARCEL MAP NO. 13811), 40.75 FEET TO THE NORTHWESTERLY CORNER OF SAID
PARCEL 1;
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1 AND SAID EASEMENT FOR
COUNTY HIGHWAY SOUTHERLY LINE, NORTH 89057'42 EAST (NORTH 89°13'20" EAST RECORD PER
PARCEL MAP NO. 13811), 75.13 FEET TO THE POINT OF BEGINNING;
CONTAINING 1,256 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.
Cop
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DATE 5941c;X07v
EXHIBIT 'C'
LEGEND
AM 260-It-39
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RIS 1120
(S8973'20"W)
N89 5742"E
S'LY LINE OF COUNTY
ROAD SURVEY NO. 1120
NW'LY CORNER
PARCEL 1--,
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HAND A. M 01S 9L.S. 5941
DATE. 3-29-22
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land planning, civil engineering, surveying
5115 Avenida Encinas
Suite L
Carlsbad, California 92008-4387
(760) 931-8700
- AREA OF ACQUISITION
( ) - RECORD PER PM 13811
- EXISTING PROPERTY LINE
P.O.B. - POINT OF BEGINNING
P.O.B.
NE'LY CORNER
N89 57'42-E PARCEL 1
75.13'
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45.80'
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W'LY LINE OF
PARCEL 1
El LINE OF
PARCEL 1
PARCEL 1
PARCEL MAP 13811
APN 260-131-39
1215 MACKINNON AVE.
EDWARD E. JEPSON, INC..
CURVE
DELTA
RADIUS
ARC LENGTH
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89'1629"
20.00'
31.16'
PARCEL 2
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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.