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2000-478689 DOC 2000-04.?8689 RECORDING REQUESTED BY: Sep O~, 2000 3: CITY OF ENCINITAS OFFICIAL RECORDS S~ DIEGO COUNTY RECODER'S OFFICE WHEN RECORDED MAIL TO: GEGORY J. SMITH, COUNTY RECORDER FEES: 0.00 0{',: MA CITY CLERK CITY OF ENC1NITAS 505 SOUTH VULCAN AVENUE ENCINITAS, CA 92024 ) ASSESSOR'S PARCEL NO. 264-091-62,63 PROJECT NO. BA 97-131 GRANT OF EASEMENT FOR RECREATIONAL TRAILS A. Alvin F. Mayo and Nanette Mayo; Trustees of the Mayo Family Trust dated February 19, 1990 ("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 casement, 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 nm 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 //--e/O -~> 0 O~er ~ ~//~7~/ ~ ~~ 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 ~ )//0/~ befomme, ~ ~. I~J~)F~_. ~pe~na~ kn~n to me - OR - ~ pmv~ ~ ~e b~is ~ m~ ~dsnc~ ~o s~e ~ hi~e~eir ~u~z~ ~(~s),  hi~er~h~r s~tum(s) on l~e ins~t ex~u~ ~e i~m~.  WI~SS ~ h~nd ~ o~1 se~. OP~O~L D~c~ption of A~ached D~ument ~e ~ T~e ~ D~um~t: ~ent Date: N~b~ ~ Pages: Si~e~s) ~er ~an Na~d Above: Capac~(ies) Claim~ by Signe~s) Signe~s N~e: Signe~s Name: ~ i~ivid~l ~ Indi~ D Co~mte Officer ~ Co~te ~er T~e(s): ~tl~s): ~ Padner -- D Lim~ed ~ G~e~ ~ Pa~er-- ~ Umited D General ~ Aaomey-in-Fa~ ~ A~ey-imFa~ D Trust~ ~ Tmst~ D Gua~an ~ ~nsew~[or D Gua~ian or C~sewa~r D ~er: T~o~b~ ~ O~er: Signer Is Representing: Signer Is Representing: EXHIBIT A DESCRIPTION AND PLAT MAP OF RIDING AND HIKING TRAIL ALL THOSE PORTIONS OF PARCELS "G-l" 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 ENCINITAS, 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" VVEST, 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-1" 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-l"; THENCE ALONG THE SOUTHERLY 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, 158.07 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 1 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 34o33'32" 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'. BY ME OR UNDER MY DIRECTION ~ m L.S. 4822 EXPIRES C:~Lettem~K & S~K.,q~OS~EQ-LGLOI,doc 11/6/99 SHEET I OF EXHIBIT A PlAT VICINITY MA I -'"'- NOl~7~l= ~ NO SCALE THIS PMT WAS PREPPED BY ME OR UNDER ~ DIRECTION. R~ ~ LS ~2~ ~5~.oo' N8'¢'05'09"~ 650.00,196.00, 200 400 SCALE: 1"= 200' RIDING AND HIKING TRAIL ENGINEERING (GIg)296-55G~ C:\ACAD\D,~AW\K&$\98-O85\ESMTEO SHEET 2 OF 3 EXHIBIT A ~oo 2oo PlA T SCALE: 1" = 100' ~o~. ~ ~ SEE DETAIL 2 THIS PLAT WAS PREPARED BY ME OR UNDER IdY DIRECTION. ON SHEET ON SHEET 5 POINT D=12'49'41" N58'42'23'1¢ R=200. O0' R=JO. 00' 0=14'J1'24' ~ ~:::/ L=25. J5' 560.00' 596.00' N84'05'09 ~ 660. O0 · OL EXISI'ING ri?AIL /[ DOC. NO. 89- o.,-,.~F-ASEMENT PEH /[ 59'~"~'° REC ! I- !-69 RIDING AND HIKING TRAIL K&S ENGINEERING (619)296-5565 C:\ACAD\DRAW\K&S\98-O85\ESMTEQ SHEET $ OF ,5,  EXHIBIT A PlAT ,.,,~ ~::: :~ ~IS P~T WAS PREPARED BY ME OR UNDER MY DIRECTION. . NO S~LE R= 10.00' D=90'O0'O0" L=15.71' N5B'~'16~ (NOT ~DI~ 6.7~' TO EC) D~AIL I ~ ~ D~90"00'~2" NO SC~E L=47. RIDING AND HIKING TRAIL K&$ ENGINEERING (619)296-5565 C:\ACAD\DRAW\K&$\95-O85\ESMT£(J