2001-632247 RECORDING REQUESTED BY: ) 8FF~C~L
S~N D~EGO COU~{fY RE8OkOER'80FFX[
CITY OF ENCINITAS ~ZEGORY g. S~iFH, CDU~{fY REgORDER
) F~:[{S: 0.00
WHEN ~CO~ED M~L TO: )
)
CITY CLE~ )
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024
ff For ~e benefit of the City of Encinitas
ASSESSOR'S PARCEL NO.~- ~1"~2 PROJECT NO. 5839-G
G~NT OF EASEMENT
FOR REC~ATIONAL T~ILS
A. Mansour Heid~i, as his sole and sep~ate prope~y as to ~ ~divided ~ interest ~d
Morsen Heid~i as his sole ~d separate prope~y as to ~ undivided ~ interest
("O~ER", herein~e0 is the owner of real property described in Exhibit "A" which is attached
hereto and made a p~ hereof ("PROPERTY" hereinaAer).
For valuable consideration, O~ER hereby grits to the City of Encinitas ("CITY" hemina~er),
(for the benefit of CITY), easements across PROPERTY locmed as described in Exhibit "B",
which ~e attached hereto ~d made a p~: hereof, for Public Recremional Trail p~oses which
include, without limitmion, use by members of the public to walk, jog, mn, fide horses, ~d
operate non-motorized bicycles. However, no motorcycles or other motor vehicles shall be
pe~itted on the trails Mth the exception of emergency ~d mainten~ce vehicles.
B. CITY agrees to properly ~d safely maint~n the trails ~d related improvements to a
level satisfactory to se~e sufficiently ~e public need. Construction ~d mainten~ce activities
include, but ~e not limited to, work on, below, ~d above the surface of the easements.
C. P~su~t to a pe~it issued by ~e CITY, private owners of lots adjacent to ~e easement
grated to the CITY may construct ~d maintain &iveways ~d install undergro~d utilities
across the easement, subject to the following conditions:
1) No culve~s, be~s, ditches or other feat~es which may impede or restrict the intended
use of the trail, shall be pe~iAed.
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
encumbrancers, 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
attorney's fees, from the other party.
Dated Owner
t / i (,,./ -? -- -
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. ~ ~
DATE: ~'~'7-~)/ BY: ~0
Alan D. Archibald
Director of Engineering Services
CALIFORNIA ALL-PURPOSE AINOWLEDGMENT
· State of CALIFORNIA
· County of ALAMEDA
On J before me, JODY SAMUELS
personally appeared ~ o__~ (-)~,,( ,,
Name{s) of Signer[s)
[] personally known to me - OR - Cproved to me on the basis of satisfactory evidence to be the persorr(-~)
whose nam.¢(~) is,~r~ subscribed to the within instrument
and acknowledged to me that he/~ executed the
same in his/her/their authorized capacity(,4~s), and tha.t~y
............. his/he-~C~iTeir signature~.)-on the instrument the per~orf('s~
or
~,~;~;~ JODY SAMUELS ~ the entity upon behalf of which the person"(~cted,
;~ COMM. #].]?530] ~ executed the instrument·
~ '~ M ^L~f£D~ COUICry ! WIT~ ~'~y har~d and official se~J
y Comm. ExCres Mar, 5, 2002 D '
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the cocument and could prevent
fraudulent removal and reatlachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~'(-A~ ~- ~_~.~-~.1'~,'~( f~.4~(~t..'"~O¢'l~[
Document Date: ~¢) F~ .~l Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: ~V~~ ~
Sigh~ ~ame:
.,~ndividual ' Indiv't~ual
~ Corporate Officer ~ Corpor'~e Officer
Title(s): _Title(s): ~
~. Partner- ~_ Limited ~ General ~ t~artner- %~.Limited _--General
~ Attorney-in-Fact ~_ Attomey-in-F~.~
rq Trustee ~, Trustee
~-- Guardian or Conservator ~_ Guardian or Conservator
~ Other: To~ Of Ihumb here ~- Other: % TOp of ~r'umU here
Signer Is Representing: Signer Is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~)/~/~ ~,.~ ~ ~ ss.
On ~{~.~/D/ , before me, "~ ~./-~- ,~ ~" /'/.
Date Name and Title of Officer (ag.. "Jane Doe. Notan/Public")
personally appeared /['~t ~ ~0
Name(s) of Signer(s)
[] personally known to me
~.proved to me on the basis of
satisfactory
evidence
~,~ *~',~,~'~---D~RRL~N;H-AR~ -~ to be the person(s)whose name(s)is/are
~J~,~J~ COMM.#'1278712 ~' subscribed to the within instrument and
~~ Notary Put, lc - California ~ acknowledged to me that he/she/they executed
:=,' k~q~L~// ORANGE COUNTY
~M~ Comm. Expires OCT. 26, 2004 the same in his/her/their authorized
, ~ capacity(les), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Nota~ Seal Above Signature of Notan/Public
OPTIONAL
Though the information below is not 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(les) Claimed by Signer
Signer's Name: ......
[] Individual
[] Corporate Officer -- Title(s): Top of thumb here
[] Partner-- [] Limited [] General
[] Attorney in Fact
[] Trustee
[~ Guardian or Conservator
[] Other:
Signer Is Representing:
EXHIBIT "A"
PARCEL "G-I' 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.
This description was prepared [[ L.S. 4822
by me or under my direction ~ Exp. 9-30-04
Barbara E. ~ L.S. 4827r--~--/'-'--
9885EqTrail.doc
EXHIBIT "B"
RIDING AND HIKING TRAIL
WITHIN PARCEL G-I
PARCEL 1
ALL THAT PORTION OF PARCEL G-1 AS SHOWN ON CERTIFICATE OF COMPLIANCE
PER DOCUMENT NO. 1997-0614690, RECORDED ON DECEMBER 5, 1997, BEING A
PORTION OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 13 SOUTH, RANGE
3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING
WITHIN A 15 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE BOUNDARY OF PARCEL 3 OF PARCEL MAP NO. 18642,
FILED IN THE RECORDER'S OFFICE OF SAID COUNTY ON FEBRUARY 28, 2001, SAID
POINT BEARING NORTH 43042'24' WEST, ALONG SAID BOUNDARY, 43.01 FEET FROM
THE MOST SOUTHERLY CORNER OF PARCEL 3; THENCE LEAVING SAID BOUNDARY,
SOUTH 50°41'51'' WEST, 26.54 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS
TANGENT CURVE CONCAVE SOUTHEASTERLY;
SOUTHWESTERLY ALONG THE ARC OF SAID 200.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 8°44'42", A DISTANCE OF 30.53 FEET;
TANGENT TO SAID CURVE, SOUTH 41°57'09" WEST, 111.71 FEET TO THE BEGINNING
OF A 110.00 FOOT RADIUS TANGENT CURVE, CONCAVE NORTHWESTERLY;
SOUTHWESTERLY ALONG THE ARC OF SAID 110.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 29°29'19'', A DISTANCE OF 56.61 FEET TO THE BEGINNING OF A
75.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHEASTERLY;
SOUTHWESTERLY ALONG THE ARC OF SAID 75.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 31°06'24", A DISTANCE OF 40.72 FEET;
TANGENT TO SAID CURVE, SOUTH 40°20'04'' WEST, 34.62 FEET TO THE BEGINNING OF
A 500.00 FOOT RADIUS TANGENT CURVE, CONCAVE SOUTHEASTERLY;
SOUTHWESTERLY ALONG THE ARC OF SAID 500.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 0°51'59", A DISTANCE OF 7.56 FEET TO A POINT ON THE
WESTERLY LINE OF THE ABOVE MENTIONED PARCEL G-l, SAID POINT BEING THE END
OF THE HEREIN DESCRIBED CENTERLINE.
THE SIDELINES OF SAID STRIP '1~O BE PROLONGED OR SHORTENED TO TERMINATE IN
THE NORTHEASTERLY AND WESTERLY LINES OF SAID PARCEL G-1
9885EqTrail.doc
7/2/01
PARCEL 2
ALL THAT PORTION OF PARCEL G-1 AS SHOWN ON CERTIFICATE OF COMPLIANCE
PER DOCUMENT NO. 1997-0614690, RECORDED ON DECEMBER 5, 1997, BEING A
PORTION OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 13 SOUTH, FU~NGE
3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENClNITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING
WITHIN A 15 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF SAID STRIP BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY TERMINOUS OF THE CENTERLINE DESCRIBED
IN PARCEL 1 ABOVE, BEING ALSO THE SOUTHWESTERLY TERMINOUS OF A 500.00
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY IN SAID CENTERLINE;
SOUTHWESTERLY ALONG THE SOUTHWESTERLY EXTENSION OF SAID 500.00 FOOT
RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 7°46'51", A DISTANCE OF 66.19 FEET;
TANGENT TO SAID CURVE, SOUTH 31°39'14" WEST, 121.20 FEET TO THE BEGINNING
OF A 400.00 FOOT RADIUS TANGENT CURVE, CONCAVE NORTHWESTERLY;
SOUTHWESTERLY ALONG THE ARC OF SAID 400.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 10054'37", A DISTANCE OF 79.17 FEET TO THE BEGINNING OF A
75.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHEASTERLY;
SOUTHEASTERLY ALONG THE ARC OF SAID 75.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 32°01'44", A DISTANCE OF 4'1.93 FEET TO THE BEGINNING OF A
25.00 FOOT RADIUS COMPOUND CURVE, CONCAVE EASTERLY;
SOUTHERLY ALONG THE ARC OF SAID 25.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 46°56'21", A DISTANCE OF 21.35 FEET;
TANGENT TO SAID CURVE, SOUTH 36°24'14'' EAST, 27.66 FEET TO THE BEGINNING OF
A 10.00 FOOT RADIUS TANGENT CURVE, CONCAVE NORTHEASTERLY;
SOUTHEASTERLY ALONG THE ARC OF SAID 10.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 25°42'50", A DISTANCE OF 4.49 FEET TO THE BEGINNING OF A
600.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHWESTERLY;
SOUTHEASTERLY ALONG THE ARC OF SAID 600.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 6°42'16", A DISTANCE OF 70.21 FEET;
TANGENT TO SAID CURVE, SOUTH 67°24'46" EAST, 63.65 FEET TO THE BEGINNING OF
A 30.00 FOOT RADIUS TANGENT CURVE, CONCAVE NORTHWESTERLY;
EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID 30.00 FOOT RADIUS
CURVE, THROUGH A CENTRAL ANGLE OF 115°55'45", A DISTANCE OF 60.70 FEET TO
THE BEGINNING OF A 10.00 FOOT RADIUS REVERSE CURVE, CONCAVE EASTERLY;
NORTHERLY ALONG THE ARC OF SAID 10.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 33049'52", A DISTANCE OF 5.90 FEET TO THE BEGINNING OF A
550.00 FOOT RADIUS COMPOUND CURVE, CONCAVE SOUTHEASTERLY;
9885EqTmil.doc
7/2/01
NORTHEASTERLY ALONG THE ARC OF SAID 550.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 7°10'57", A DISTANCE OF 68.95 FEET;
TANGENT TO SAID CURVE, NORTH 47°40'18" EAST, 46.73 FEET TO THE WESTERLY LINE
OF SAID PARCEL G-l, SAID POINT BEING THE TRUE POINT OF I~EGINNIN(~;
CONTINUING NORTH 47°40'18~ EAST, 12.37 FEET TO THE BEGINNING OF A 100.00 FOOT
RADIUS TANGENT CURVE, CONCAVE SOUTHEASTERLY;
NORTHEASTERLY ALONG THE ARC OF SAID 100.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 11°14'29", A DISTANCE OF 19.62 FEET;
TANGENT TO SAID CURVE, NORTH 58°54'47" EAST, 57.08 FEET TO THE BEGINNING OF
A 100.00 FOOT RADIUS TANGENT CURVE, CONCAVE NORTHWESTERLY;
NORTHEASTERLY ALONG THE ARC OF SAID 100.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 29°38'39'', A DISTANCE OF 51.74 FEET TO THE BEGINNING OF A
160.00 FOOT RADIUS REVERSE CURVE, CONCAVE SOUTHEASTERLY;
NORTHEASTERLY ALONG THE ARC OF SAID 160.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 31°39'16", A DISTANCE OF 88.40 FEET;
TANGENT TO SAID CURVE NORTH 60°55'24'' EAST, 60.00 FEET TO THE BEGINNING OF A
20.00 FOOT RADIUS TANGENT CURVE, CONCAVE SOUTHERLY;
EASTERLY ALONG THE ARC OF SAID 20.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 75°47'16", A DISTANCE OF 26.45 FEET TO THE BEGINNING OF A
60.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHEASTERLY;
SOUTHEASTERLY ALONG THE ARC OF SAID 60.00 FOOT RADIUS CURVE, THROUGH A
CENTRAL ANGLE OF 30°56'00", A DISTANCE OF 32.39 FEET TO THE EASTERLY LINE OF
THE ABOVE MENTIONED PARCEL G-1 AND THE END OF THE HEREIN DESCRIBED
CENTERLINE.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO TERMINATE IN
THE EASTERLY AND WESTERLY LINES OF SAID PARCEL G-1
This description was prepared
by me or under my direction
Barb~ra'L~Mq~ff L.S. 4822~
9885EqTmil.doc
7/2/01
_ ~ PLAT
RIDING AND HIKING TRAIL
~24 14~
SHEET 2 OF 2
EXHIBIT 'B'
PLAT
RIDING AND HIKING TRAIL
0 5O 100
SCALE: 1' = 50'
L ..4 ~.~3" ~ SE 1/4
'A" = POB STff'27"53"E(R) SECTIOH ~
PARCEL 2 & 3 ~
L=21.JS' $ a iH
0=M'56'21 '
R=32.5O*
L=27.76' R~2~07'
D=48'56~Z1' L.,33.06'