2000-705956 O00-u 05%6
Dec 26, 2000 4
~CO~G ~QUESTED BY: )
OFFICIAL REgORg8
) S~ [~]EGO COUNTY RECORDER'S OFF~CE
CITY OF ENC~ITAS ) (}}REGORY 0. SMITH, COUNTY
) FEES: 0.00
~EN ~CO~ED ~IL TO: ) OC:
)
CITY CLE~ )
CITY OF ENC~ITAS )
505 SOUTH VULC~ AVE~E )
ENC~ITAS, CA 92024 )
For the benefit of the Ci~ of Encinitas
ASSESSOR'S PARCEL NO. 264-241-04 PROJECTNO. CMS99G
/
~ ~ G~T OF EASEMENT
FOR ~C~ATION~ T~ILS
A. Pa=ick P. McDougall ~d Te~ L. McDoug~l, t~stees of ~e McDougall Fmily T~st
dated 2/9/94 ("O~ER", hereina~er) is ~e o~er of real prope~ described in Exhibit "A"
wNch is a~ached hereto ~d made a pm hereof ("PROPERTY" herein~er).
For vfluable consideration of ~ exch~ge of ~ existing recreational tr~l locmion, O~ER
hereby grits to ~e CiW of Encinitas ("CITY" herein~er), (for ~e benefit of CITY), easements
across PROPERTY located as described in E~ibits "A" ~d "B", wNch ~e a~ched hereto ~d
made a p~ hereof, for Public Recreational Trail p~oses which include, without limitation, use
by members of the public to walk, jog, ~, ride horses, ~d operate non-motorized bicycles.
However, no motorcycles or other motor vehicles sh~l be pe~itted on ~e =~ls ~ the
exception of emergency ~d mainten~ce vehicles.
B. As a materi~ te~ of this easement, ~e CITY shall be solely liable ~d responsible at all
times for ~e maintaining the easement mca ~d all trail improvements in the easement ~ea in a
good ~d safe condition for the CITY's intended p~ose at the CITY's sole cost ~d expense.
~e O~ERS, ~y lenders, ~d ~eir successors ~d assigns shall have no liabiliW or
responsibility whatsonever for m~ntaining or ~proving ~e easement ~ea or ~y improvements
wi~in the easement ~ea.
C. 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.
D. The CITY shall have no right to assign or grant this easement to any person or entity
without the prior written consent of OWNERS and their successors or assigns. The OWNERS
and their successors or assigns shall have no obligation to grant this consent and may deny this
consent, in their sole discretion. This section shall not apply to successors in interest of the
CITY.
E. As a material term of this easement, the CITY shall refrain and to the extent reasonable
ensure that the public uses the easement in a manner which does not create any private or public
nuisance and in a manner which does not damage or harm the PROPERTY or interfere with the
quiet enjoyment or the PROPERY by OWNERS or their successors and assigns.
F. As a material term of this easement, the CITY agrees to hold harmless, indemnify, and
defend the OWNERS, any lender loaning the OWNERS or any successor or assigns any sum
secured by any trust deed or other interest in the PROPERTY, claims, causes of action, actions,
losses, damages, fines, penalties, fees, costs, and expenses, of whatever type or nature, including
all attorney's fees, expert fees and costs, and court costs incurred by any of the indemnified
parties arising from a defence of any such claim or action, except claims and causes by the
negligence or intentional misconduct of the indemnified parties. This indemnity and hold
harmless includes, but is not limited to, all claims and causes of action by any person or entity
for injury to or death of any person or damage to any real or personal property. In the event that
any claim or action is made against any of the indemnified parties, the indemnified parties shall
be entitled to appoint their own independent counsel to represent them, and the CITY agrees to
pay all reasonable attorney's fees, expert fees and costs, and court costs incurred by the
indemnified parties within thirty (30) days of receipt of the bill. This indemnity shall be
construed at all times so as to afford the broadest protection of the indemnified parties in
recognition of the fact that OWNERS have left the easement area in a natural condition and have
separated the easement area from their own property by a fence.
G. In the event of any action or proceeding to interpret, enforce, or invalidate any term of
this easement, venue shall lie only in the North County Judicial District, County of San Diego.
This easement shall be construed at all times in accordance with the laws of the State of
California.
H. 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.
I. In the event of any action or proceeding that is initiated to challenge, invalidate, enforce,
or interpret any of the terms of this easement, the prevailing party shall be entitled to all
attorney's fees, all expert fees and costs, and all litigation fees, costs, and expenses in addition to
any other relief granted by law.
Dated 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. Amhibald
Director of Engineering Services
State of L/4~LC/jj¢./~ ~ ,,GHT TUUMam,~T ,Op.~..,,
County of ~ ~
(NAM~ITLE OF OFRCER-i,e,'J~E DOE, NOTARY PUBLIC'I
personally appeared ~[~ ~ ~
~personally known to me -OR- D proved to me on the
basis
of
sa[ismc[ory OPARTNER[S) OLIMI~D
evidence to be the OGENERAL
p~[S~'' whose name(s) ~OR.~ ~ FACT
~~ ,~af,~ubscribed to the
w~ instrument and DGUAROIANICONSERVATOR
~J~NOTARY PUBLIC-CALIFORNIA~ acknow~ed to me that DOTHER:
~t~l COUU. NO. ]2~2~ ~ he/she~xecuted~
a ~/ SAN DIEGO COUN~ · same Fn his/her/~
~ authorized capacity~ S~ONE. IS REPRESENTING:
signature(s) on th~
instrumentthe
or the entitg upon behalf
of which the person{s)
actod, oxecuted tho
instrument. RIGHT ~UMB~INT (Option~ll
Witness my hand and official seal.
CAPACITY CLAIMED BY ~IONER(5)
~INDIVIDUAL(S)
A~ENTION NOTARY
OFFICERIS)
The information requested below and in the column to ~he right is OPTIONAl..
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of ~his certificate to any ~PAR~ER(S} ~IMITED
unauthorized document. ~GENERAL
MUST BE A~ACHED ~GUARDIANICONSERVATOR
DESCRIED AT RIGHT:
EXHIBIT "A"
RECREATION TRAIL EASEMENT
THAT PORTION OF PARCEL 2 OF PARCEL MAP 17446 FILED AT THE SAN DIEGO
COUNTY RECORDER'S OFFICE NOVEMBER 14TM, 1994 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 2 OF SAID PARCEL
MAP 17446; THENCE SOUTH 3007' 18" EAST, 277.37 FEET ALONG THE WESTERLY
LINE OF SAID PARCEL, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID WESTERLY PARCEL LINE, SOUTH 84030'00" EAST, 8.10 FEET; THENCE SOUTH
3°07'18'' EAST, 5.24 FEET; THENCE NORTH 86°54'33" EAST, 29.42 FEET TO THE
BEGINNING OF A TANGENT 59 FOOT RADIUS CURVE, CONCAVE SOUTHERLY;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 11.16 FEET THROUGH A
CENTRAL ANGLE OF 10°50'27"; THENCE TANGENT TO SAID CURVE SOUTH
82°15'00" WEST, 52.97 FEET TO THE BEGINNING OF A TANGENT 629 FOOT RADIUS
CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE, 23.49 FEET THROUGH A CENTRAL ANGLE OF 2°08'23"; THENCE TANGENT
TO SAID CURVE SOUTH 80006'37" WEST, 45.80 FEET. TO THE BEGINNING OF A
TANGENT 191 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE, 29.51 FEET THROUGH A CENTRAL ANGLE OF
8°51 '04"; THENCE TANGENT TO SAID CURVE SOUTH 88°57'41" WEST, 114.57 FEET;
THENCE NORTH 87°25'04" EAST, 26.64 FEET; THENCE NORTH 2059' 10" WEST, 95.18
FEET; THENCE NORTH 87021'39'' EAST, 8.00 FEET; THENCE SOUTH 2°59'10,, EAST,
103.19 FEET; THENCE SOUTH 87°25'04" EAST, 34.95 FEET; THENCE NORTH 88°57'41"
WEST, 114.83 FEET TO THE BEGINNING OF A TANGENT 199 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE,
30.74 FEET THROUGH A CENTRAL ANGLE OF 8°51 '04'; THENCE TANGENT TO SAID
CURVE NORTH 80o06'37,, WEST, 45.80 FEET TO THE BEGINNING OF A TANGENT 621
FOOT RADlUS CURVE, CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE
ARC OF SAID CURVE, 23.19 FEET THROUGH A CENTRAL ANGLE OF 2008'23";
THENCE TANGENT TO SAID CURVE NORTH 82015'00,' WEST, 52.97 FEET. TO THE
BEGINNING OF A TANGENT 51 FOOT RADIUS CURVE, CONCAVE SOUTHERLY;
EXHIBITIB"
27.00'
A= 08'55'05"
II
: LoT 89
'~- JVJAP 13400
%. ~-. PARCEL 2 P.M. 17446 PAFICEL
'o r--. 4 P,I'VJ, 17446
PARCEL
RECREATIONAL TRAIL DATA TABLE
LOT 8 ® N86'54'33"E 29.42'
MAP 12818 (9 R=59,00' L=ll.16' DELTA=10'50'27"
(~ S82'15'O0"E 52.97'
j ~ NEW RECREATIONAL ~ R=629.00' L=23.49' DELTA=2'0B'25"
TRAIL EASEMENT (~ SB0'06'37"E 45.80'
(~) SBB'57'41"E 11457'
EASEMENT NOTES a~ N87'25'04"E 26.64'
~) PORTION OF PARCEL 2 RESERVED FOR FUTURE STREET TOGETHER WITH THE N87'21'39"E 8,00'
RIGHT TO EXTEND AND MAINTAIN DRAINAGE FACILITIES AND EXCAVATIONS
BEYOND THE LIMITS OF THE RIGHT OF WAY PER MAP NO, 12816. ~) S02'Bg'10"E 105.19'
~ 32.00 FOOT WIDE PRIVATE ROAD EASEMENT PER DOCUMENT RECORDED 4-14-91 ~) S87'25'04"W 54.95'
AS DOCUMENT NO. 91-0178724 AND PROPOSED PRIVATE ROAD EASEMENT AND ~) N88'57'41"W 114. B3'
AN EASEMENT TO OLIVENHAIN MUNICIPAL WATER DISTRICT PER MAP NO.12816, ~) R=199.00' L=30.74' DELTA=8'51*04"
~) EXISTING 60,00 FOOT WIDE OFFER OF DEDICATION FOR PUBLIC ROAD PURPOSES (~) NB0'O6'37"W 45,80'
PER DOCUMENT NO, 91-0145056 RECORDED 4-2-91, O.R.
¢~ R=621.00' L=23,19' DELTA= 2'08'23"
(~ EXISTING 20.00 FOOT WIDE SEWER EASEMENT GRANTED TO CARDIFF SANITATION ~ N82'15'00"W 52.97'
DISTRICT PER DOCUMENT N0,1993-0092653 RECORDED 4-19-91, O.R.
~ R=51,00' L=9.65' DELTA= 10'50'27"
(~ EXISTING 20.00 FOOT WIDE SEWER EASEMENT GRANTED TO CARDIFF SANITATION 2~ S86'54'33"W 37.42'
DISTRICT PER PARCEL MAP NO. 17446. @NOB'08'36"W 1445'
~ 8,00 FOOT WIDE RECREATIONAL TRAIL PER MAP NO. 12816.
(~) STREET 'A' RESERVED FOR FUTURE STREET PURPOSE PER MAP NO. 15400 & 15339.
NASLAND ENGINEERING PLAT TO ILLUSTRATE
LEGAL DESCRIPTION OF
LAWRENCE P. TH 8 DATE SHEET 1 OF 1