2000-509858 DOC 2000-0509858
SeP 22, 2000 z+: 007 F,i~i
RECORDING REQUESTED BY:
0FFI~I~L REOORI)8
WHEN RECORDED MAIL TO: ~ BIEr0 00L~KY REOORDER'S 0FFI~E
C~T¥ CT,ERX ~C, BR~ L SMITH, OSB~TY REOOR~ER
¢I?¥ oB ENCINZTAS FEES: ~5.00
0~:
505 SOUTt-I 'v'UT,OAN A~Ei',ITJl~
\ENCZNIT~ CA 9~024
SSESSOR'S PAi~CEL NO. 254-611-06 PROJECT NO. 99-074
~//~_d~) W.O. NO.
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A. OPEN SPACE HOLDING COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
("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 the driveway which crosses the easement must be
smoothed to a level satisfactory to the Director of Community
Services.
COV4264a
3) The grade of the driveway which crosses the easement must'
match the grade of the trail on both sides,
D. CITY agrees to defend, indemaify, 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
r~sulting from, or claimed to have been caused by, or resulting
from the negligence or intentional act of CITY.
E. This easemen~ shall run with the land and be binding upon and
inure to the benefit of the encumbrancers, successors, heirs,
personal represenZative, 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 ~//~/O~ O%rner
OPEN SPACE HOLDING COMPANY, LLC, a
Call.mia limited lia~iiiW company
By: Carltas Company, a Call.mia
limited partnership
Its: Mana~ng Member
By: Carltas Manageme~t,~
Cali~m~Rp~at~
Its: ,/,~rener~artn~
By:~~~sident
Signature o~ 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, tha~ the City of Encinitas consents to
the making of the foregoing ~ Offer te Dc~icatc
Easement for Recreational Trails and co~sents to the reco~dat~n
thereof by its duly authorized officer, f~ ~
-- ~Alan D. Archibald
Director of Engineering Services
COV4264a "
CALIFORNIA ALL-PURPOt ACKNOWLEDGMENT
personally appeared ~~--
Name{s) ~ Signer(s)
~personally known to me. O~ - ~ ~rn~/~d tn m~ nn th~ h~i~ nf ~fi~f~*~, ~,.,~?~ to be the pemon~
whose name(~ is~ subscribed to the within instrument
and acknowledged to me that he/:h:/thay executed the
same in his/h:r/th~r authorized capacity, and that by
his/h:r/~h::.r signatur~ on the instrument the person~,
or the entity upon behalf of which the person~ acted,
executed the instrument.
WITNESS hand and official seal.
my
OPTIONAL
Though the info.etlon be/ow is not requir~ by law, it may prove valuable to pe~ons relying on the document and ~u/d prevent
fraudulent removal and rea~achment of this form to another d~ument.
Description of A~ached Document
Document Date: ~ (t~/00 ~umbor o' ~a~os:
Signor(s) Othor lhan ~amod
Si~ner's ~ame: Si~nor's
~ Individual ~ IndN~dual
D Gorporato O~icor ~ Gorporato Officor
~tlo(s): ~tlo(s):
~ ~a~nor-- ~ kim~tod ~ Oonoral ~ ~a~nor-- D [imitod ~ ~onoral
~ ~omoy-in-FacI D ~ornoy-in-Fact
D /rustoo ~ lrusteo
~ Guardian or Gonso~ator ~ ~ Guardian or ~onso~ator
~ Othor: lopo~thumbhor~ ~ Othor: lop o[ thumD hero
Signer Is Representing: Signer Is Representing:
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 'a'
PUBLIC PEDESTRIAN TRAIL EASEMENT
ALL THAT PORTION OF LOT 74 OF CITY OF ENClNITAS TRACT NO. 94-066 IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 13356 RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY SEPTEMBER 4, 1996,
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF,
BEING A 12.00 FOOT WIDE STRIP OF LAND LYING 6.00 FEET EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 74;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 74 NORTH 9°23'35" WEST,
169.38 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE
BEGINNING OF A NON-TANGENT 145.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 24°46'41'' EAST;
THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47032'58'', A DISTANCE OF
120.33 FEET TO THE BEGINNING OF A REVERSE 180.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 49030'03'', A DISTANCE OF 155.51 FEET TO THE BEGINNING OF A
COMPOUND 910.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4°16'03'', A DISTANCE OF 67.78 FEET TO THE BEGINNING
OF A REVERSE 111.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 55o52'34'', A DISTANCE OF 108.25 FEET TO THE BEGINNING OF A
REVERSE 250.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 12039'00'', A DISTANCE OF 55.20 FEET TO THE BEGINNING
OF A COMPOUND 59.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 72°31'12'', A DISTANCE OF 74.68 FEET TO THE BEGINNING
OF A REVERSE 107.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY;
SB&O, /NC. Encinita$ Ranch - North Mesa, Upper Portion
Job No. 54862.00, March 13, 2000 1 OF 3 D..~54862~EGALStPPT-TC-ESMTS
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 21 °22'50", TO A POINT ON THE WESTERLY LINE OF SAID
LOT 74, SAID POINT BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 12.00 FOOT STRIP OF LAND SHALL BE PROLONGED
OR SHORTENED SO AS TO TERMINATE IN THE EASTERLY AND WESTERLY
LINES OF SAID LOT 74.
PARCEL 'B'
TEMPORARY CONSTRUCTION EASEMENT
ALL THAT PORTION OF LOT 74 OF CITY OF ENCINITAS TRACT NO. 94-066 IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 13356 RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY SEPTEMBER 4, 1996,
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF,
BEING A 50.00 FOOT WIDE STRIP OF LAND LYING 25.00 FEET EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 74;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 74 NORTH 9o23'35'' WEST,
169.38 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE
BEGINNING OF A NON-TANGENT 145.00 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 24°46'41'' EAST;
THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 47°32'58'', A DISTANCE OF
120.33 FEET TO THE BEGINNING OF A REVERSE 180.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 49°30'03", A DISTANCE OF 155.51 FEET TO THE BEGINNING OF A
COMPOUND 910.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 4°16'03'', A DISTANCE OF 67.78 FEET TO THE BEGINNING
OF A REVERSE 111.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 55052'34'', A DISTANCE OF 108.25 FEET TO THE BEGINNING OF A
REVERSE 250.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 12039'00'', A DISTANCE OF 55.20 FEET TO THE BEGINNING
OF A COMPOUND 59.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY;
SB&O~ INC. Encinita$ Ranch - North Mesa, Upper Portion
Job No. 54862,00, March13, 2000 2 OF 3 D:I54862V-EGALStPPT-TC-ESMT$
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 72°31'12'', A DISTANCE OF 74.68 FEET TO THE BEGINNING
OF A REVERSE 107.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 21 °22'50", TO A POINT ON THE WESTERLY LINE OF SAID
LOT 74, SAID POINT BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 50.00 FOOT STRIP OF LAND SHALL BE PROLONGED
OR SHORTENED SO AS TO TERMINATE IN THE EASTERLY AND WESTERLY
LINES OF SAID LOT 74.
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
MI HAEL S. BUT~CH~) PLS 6922: ..~//~4"/~2ODATE ~~~'; !,1o. s922 ~;))
SB&O, INC. Encinites Ranch - North Mesa, Upper Portion
Job No. 54862.00, March 13, 2000 3 OF 3 D:[54862~EGALSV=PT. TC._ESMTS
NOT ~ S~
MAP NO. l~G