2000-478690 DOCII 2000-04786.90
RECORDING REQUESTED BY: Sep 06, 2000 3: 14 PI~
CITY OF ENCINITAS 0FFICI~ RE[~1RDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO: GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
CITY CLERK
CITY OF ENCINITAS
505 SOUTH VULCAN AVENUE
ENCINITAS, CA 92024
ASSESSOR'S PARCEL NO. 264-091-6,~3.~ PROJECT NO. BA 97-131
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A. Mansour Heidari, as his sole and separate property as to an undivided ½ interest and
Mohsen Heidari, as his sole and separate property as to an undivided ½ interest
("OWNER", hereinafter) is the owner of real property described in Exhibit "A" which is attached
hereto and made a part hereof ("PROPERTY" hereinafter).
For valuable consideration, OWNER hereby grants to the City of Encinitas ("CITY" hereinafter),
(for the benefit of CITY), easements across PROPERTY located as described in Exhibit "B",
which are attached hereto and made a part hereof, 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. However, no motorcycles or other motor vehicles shall be
permitted on the trails with the exception of emergency and maintenance vehicles.
B. CITY agrees to properly and safely maintain the trails and related improvements to a
level satisfactory to serve sufficiently the public need. Construction and maintenance activities
include, but are not limited to, work on, below, and above the surface of the easements.
C. Pursuant to a permit issued by the CITY, private owners of lots adjacent to the easement
granted to the CITY may construct and maintain driveways and install underground utilities
across the easement, subject to the following conditions:
1) No culverts, berms, ditches or other features which may impede or restrict the intended
use of the trail, shall be permitted.
2) The surface of any driveway which crosses the easement must be smoothed to a level
satisfactory to the Director of Community Services.
3) The grade of any driveway which crosses the easement must match the grade of the trail
on both sides.
D. CITY agrees to defend, indemnify, and save free and hold harmless OWNER from and
against all claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of
and person whatever, and for personal injuries or death caused by, or resulting from, or claimed
to have been caused by, or resulting from the negligence or intentional act of CITY.
E. This easement shall run with the land and be binding upon and inure to the benefit of the
encmnbrancers, successors, heirs, personal representative, transferees and assigns of the
respective parties.
F. If either party is required to incur costs to enforce the provisions of this easement, the
prevailing party shall be entitled to full reimbursement of all costs, including reasonable
attomey's fees, from the other party.
Dated .f.-(~ o,, /t//~4OO'r/-//~/~/ Owner ~ ~ ~
:
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution of said Council, adopted on November 9, 1994, that the City of
Encinitas consents to the making of the foregoing Grant of Easement for Recreational
Trails, accepts the easement granted thereon, and consents to the recordation thereof by
its duly authorized officer.
Alan D. Archibald
Director of Engineering Services
C~ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
pe, ally appea , ,
~mona~ kn~n to me - OR - ~ p~ to me ~ ~e basis of ~li~o~ evidence to ~ ~e pe~(s)
~ n~e(s) i~am ~b~ to ~e ~t~n inst~ment
and ac~oM~ to me ~M h~sh~ ~ut~
am ~ hi~eir aut~z~ ~a~(ies),
h~er~eir s~atum(s) on the ins~
or ~e entl~ u~n b~a~ of wh~h the person(s) ~t~.
ex.urN ~e i~m~.
~ ~NESS my hand a~ o~al
OP~ONAL
D~cription of A~ach~ D~ument
~e ~ T~e of D~ment:
~ment Date: N~b~ of Pages:
Signer(s) ~her ~an Na~ Above:
Capaci~(ies) Claim~ by Signer(s)
Signer's Name: ~eCs Name:
G I~ividu~ ~ IndM~
G Co~mte ~cer ~ Co~te ~cer
T~e(s): ~.~s):
~ Pa~er-- D Um~ed ~ Gene~ ~ Pa~er -- ~ Limited D General
~ Aaomey~n-Fa~ ~ Aff~ey-in-Fa~
~ T~st~ ~ T~st~
Gua~ian
Consewator
~ ~ Gua~ian or C~wa~r
~ ~er: ~ ol ~h~ ~ ~ Other: ~op ~ ~u~ here
Signer Is Representing: Signer Is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California '~ ss.
County of _.,~5~/-~
O n I'~/.,~--~ I .,~'~, ,,2,~,:~, befo re m e, l_~_i _-~-,
Date J Name and ~tle of Officef(eg , "Jane Doe, Notary Public")
personally appeared I~"~_.~l-L~l~.'--~ ~4~_ i .~...~...~:~'~
Name(s) of Signer(s)
ed to me on the basis of satisfactory
evidence
to be the person(~) whose name(~') is/ac~-
~,~'~t~- ~'"~'~- ~' '~~EIo~rur~ v~'r~E~''-~ subscribed to the within instrument and
~ ~ COMM. #1261602 ,~ acknowledged to me that he/,~A, he~ executed
~l~i~r~,~i~ ~TN~Y~I~.IC-C,N.F01~'~, .._, the same in his/J~r/t~ir authorized
~ra~;~,, -~.,.=.~-~ ,.. .:--. ,- oN'~'~.· capacity(i~e), and that by his/h~r/t.l"~ir
]-,~,~ r~Cornm, E~.,-¢.2,., ~,1~ signature(~ on the instrument the person(~'), or
the entity upon behalf of which the person(e~
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is no~ required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: - - - :..
~ Individual
~ Corporate Officer--Title(s):
~ Partner-- F~ Limited [] General
[] Attorney in Fact
[] Trustee
½ Guardian or Conservator
½ Other:
Signer Is Representing:
EXHIBIT A
DESCRIPTION AND PLAT MAP OF
RIDIN(~ AND HIKING TRAIL
ALL THOSE PORTIONS OF PARCELS "G-I" AND "F-l" OF EXHIBIT "B" OF CERTIFICATE OF
COMPLIANCE DOCUMENT NO. 1997-0614690, RECORDED IN THE SAN DIEGO COUNTY
RECORDER'S OFFICE ON DECEMBER 5, 1997, BEING A PORTION OF THE SOUTHEAST
QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN,
IN THE CITY OF ENClNITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED IN PARCELS 1,2, 3 AND 4 AS FOLLOWS:
PARCEL 1:
A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID SECTION 8, BEING ALSO THE
SOUTHEASTERLY CORNER OF SAID PARCEL "G-l", THENCE ALONG THE EASTERLY LINE
THEREOF NORTH 1 °40'36" EAST, 405.00 FEET TO A POINT HEREIN DESIGNATED AS POINT "A";
THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 1°40'36" EAST, 351.08 FEET TO AN
ANGLE POINT IN THE BOUNDARY OF SAID PARCEL "G-l"; THENCE LEAVING SAID EASTERLY
LINE, CONTINUING ALONG SAID BOUNDARY, SOUTH 50°21'34" WEST, 117.20 FEET; THENCE
SOUTH 43°55'15" WEST, 66.43 FEET; THENCE NORTH 43°42'24" WEST, 40.00 FEET TO THE TRUE
POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE LEAVING SAID
BOUNDARY SOUTH 43°21'01" WEST, 315.65 FEET TO THE BEGINNING OF A TANGENT 200.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG AN ARC
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°03'24', A DISTANCE OF 42.09 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 31°17'37" WEST, 245.00 FEET TO A POINT HEREIN
DESIGNATED POINT "B" AND THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED TO
TERMINATE IN THE NORTHEASTERLY BOUNDARY OF SAID PARCEL "G-I" AND IN A LINE WHICH
BEARS SOUTH 58°42'23" EAST THROUGH SAID POINT "B".
PARCEL 2:
BEGINNING AT POINT "B" DESCRIBED IN PARCEL 1 ABOVE; THENCE NORTH 58°42'23" WEST,
7.50 FEET; THENCE SOUTH 31°17'37' WEST, 85.54 FEET; THENCE SOUTH 57°36'20" WEST, 100.00
FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL "F-I"; THENCE ALONG THE
~OUTHERLY LINE OF SAID PARCEL "F-l" SOUTH 84°05'09" EAST, 90.00 FEET; THENCE LEAVING
SAID SOUTHERLY LINE NORTH 20°10'10' EAST, 78.07 FEET; THENCE SOUTH 58°42'23" EAST,
t58.07 FEET; THENCE NORTH 31°17'37" EAST, 60.00 FEET TO A LINE WHICH BEARS SOUTH
58°42'23" EAST FROM SAID POINT "B"; THENCE NORTH 58°42'23" WEST 172.50 FEET TO SAID
POINT B".
PARCEL 3:
A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF SAID STRIP BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT ~A" DESCRIBED IN PARCEL I ABOVE; THENCE LEAVING SAID EASTERLY
LINE SOUTH 59°38'09' WEST, 125.00 FEET TO THE BEGINNING OF A TANGENT 160.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 30°05'53" A DISTANCE OF 84.05 FEET TO THE
BEGINNING OF A REVERSE 100.00 FOOT RADIUS CURVE; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 29°06'14" A DISTANCE OF
50.80 FEET; THENCE TANGENT TO SAID REVERSE CURVE SOUTH 58°38'30'' WEST, 55.18 FEET
TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
12°49'41' A DISTANCE OF 44.78 FEET; THENCE TANGENT TO SAID CURVE SOUTH 45°48'49"
WEST, 87.63 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 14°31'24' A DISTANCE OF 25.35 FEET; THENCE TANGENT TO SAID CURVE
SOUTH 31°17'25' WEST, 14.96 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 90°00'12' A DISTANCE OF 47.30 FEET.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED TO
TERMINATE IN THE SOUTHERLY AND WESTERLY LINES OF PARCEL 4 DESCRIBED BELOW.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 2 DESCRIBED ABOVE.
PARCEL 4:
BEGINNING AT POINT "A" DESCRIBED ABOVE; THENCE ALONG THE EASTERLY LINE OF SAID
SECTION 8 NORTH 1°40'36" EAST, 50.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH
34°33'32" WEST, 100.00 FEET; THENCE SOUTH 71°52'56" EAST, 56.61 FEET TO A POINT IN SAID
EASTERLY LINE, DISTANT THEREON 50.00 FEET SOUTHERLY OF SAID POINT "A"; THENCE
ALONG SAID EASTERLY LINE NORTH 1 °40'36" EAST, 50.00 FEET TO SAID POINT "A".
THIS DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
BARBarY---* (~
C:~Letters~K & S~,98-O85~EQ-LGLOl.doc
11/6/99
SHEET I OF .:7
EXHIBIT A
PlAT
VICINITY MA
-~ 4'0f~7'E- ~ NO SCALE
?RIVA
miS PMT WAS PREPARED BY
ME OR UNDER MT DIRECnON.
454.00'
N84'05'09,,~, 196. 00'
650.00,
200 400
SCALE: 1"= 200' RIDING AND HIKING TRAIL
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SHEET
EXHIBIT A
o 700 200 PLAT
SCALE: 1" = 100'
'~ SEE DETAIL 2
THIS PLAT WAS PREPARED BY
~4E OR UNDER MY DIRECDON. ON SHEET
SEE DETAIL 1
ON SHEET
POINT
D= 12'49'41 ·
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L=47. JO~
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//
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SHEET $ OF ,3
EXHIBIT A
PlAT
THIS PLAT WAS PREPARED BY
ME OR UNDER MY DIRECTION
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'~" ~'~ DETAIL 2
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