2002-561097 002 0§61097
' OOC
RECORDING REQUESTED BY: JUL O2, 2002 4~: 26 F'I~
~FFICI~ REfi0~8
CITY OF ENC~ITAS S~ DIE~ C0~TY ~ECOR~R'80FFI~
C~[G0~Y Jj ~IIH, COUNIY ~E~DE~
WHEN RECO~ED MAIL TO: FEES: 0.00
0C: NA
CITY CLE~
CITY OF ENCINITAS
505 SOUTH V~C~ AVE~E
ENC~ITAS, CA 92024
For the benefit of the City of Encinitas
ASSESSOR'S P~CEL NO. 254-611-06 PROJECTNO. ~-O~
G~NT OF EASEMENT
FOR REC~ATIONAL T~LS
A. open Space Holdin~ 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 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 3/27/02 Owner open Space Holding LLC,
a California limited liability company
By: Carltas Company, a California
limited partnership, Manager
By_: Carl~.q Manaqement~ a
California corporation,
GeneraL, Partner
Signature of Owners to be notarized. ' "~'-' ' [ ~sment
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: ~;/2 ~/O ),~ BY: , .--~.~
Director of Engineering Services
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC TRAIL EASEMENT
ALL THAT PORTION OF LOT 70 OF ENCINITAS TRACT NO. 94-066, UNITS 4, 5
AND 6 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13356 FILED IN THE
OFFICE OF THE COUNTY RECORDER SEPTEMBER 4, 1996 AS SHOWN ON
EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF, BEING A 10.00
FOOT WIDE STRIP OF LAND, 5.00 FEET EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
PARCEL 'A'
BEGINNING AT.THE MOST SOUTHWESTERLY CORNER OF SAID LOT 70;
THENCE ALONG THE SOUTH LINE OF SAID LOT 70 SOUTH 88°29'24'' EAST,
104.15 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTH LINE NORTH 81 "29'57" EAST, 28.76 FEET;
THENCE SOUTH 88029'24'' EAST, 46.11 FEET TO THE BEGINNING OFA
TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 108°31 '39" A DISTANCE OF 37.88 FEET;
THENCE NORTH 17o01'02'' WEST, 28.33 FEET;
THENCE NORTH 8°28'10'' EAST, 27.02 FEET;
THENCE NORTH 12°05'21'' WEST, 34.40 FEET;
THENCE NORTH 36°13'11" EAST, 17.26 FEET;
THENCE NORTH 18°07'32'' WEST, 45.41 FEET;
THENCE NORTH 0°01 '22" WEST, 23.20 FEET;
THENCE NORTH 38°27'55'' EAST, 26.41 FEET;
THENCE NORTH 58°19'49'' EAST, 31.91 FEET;
THENCE NORTH 10°15'27'' EAST, 129.35 FEET;
THENCE NORTH 1 °39'31" EAST, 110.73 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A", SAID POINT BEING THE POINT OF TERMINUS OF
PARCEL "A".
THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED
SO AS TO TERMINATE IN THE SOUTH LINE OF SAID LOT 70.
SB&O, /NC Encinitas Ranch - South Mesa
Job No. 54452.02, May31, 2001 1 OF 4 D:t544521LEGALSIPUBTR-ESMT
PARCEL 'B'
ALL THAT PORTION OF LOT 70 OF ENCINITAS TRACT NO. 94-066, UNITS 4, 5
AND 6 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13356 FILED IN THE
OFFICE OF THE CQUNTY RECORDER SEPTEMBER 4, 1996 AS SHOWN ON
EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF, BEING A 20.00
FOOT WIDE STRIP OF LAND, 10.00 FEET EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT THE AFOREMENTIONED POINT 'A';
THENCE SOUTH 52°11'31" EAST, 6.19 FEET TO A POINT ON THE WESTERLY
LINE OF VIA CANTEBRIA AS SHOWN ON SAID MAP NO. 13356;
THENCE RETRACING NORTH 52°11'31" WEST, 18.24 FEET;
THENCE NORTH 37°58'51" WEST 34.54 FEET;
THENCE NORTH 44°34'10'' WEST 50.58 FEET;
THENCE NORTH 49°42'08'' WEST 39.44 FEET;
THENCE NORTH 35°51 '08" WEST 96.02 FEET;
THENCE NORTH 28°39'00'' WEST 61.66 FEET;
THENCE NORTH 48°32'06'' WEST 38.82 FEET;
THENCE NORTH 82°16'33'' WEST 137.11 FEET;
THENCE NORTH 48°16'52'' WEST 33.79 FEET;
THENCE NORTH 37°55'12'' WEST 44.12 FEET;
THENCE NORTH 25°23'57'' WEST 65.55 FEET;
THENCE NORTH 18°11'22" WEST 70.44 FEET;
THENCE NORTH 16°33'21'' WEST 75.84 FEET;
THENCE NORTH 16°44'51'' WEST 183.56 FEET;
THENCE NORTH 06°44'59'' WEST 358.74 FEET;
THENCE NORTH 09°47'06'' WEST 59.71 FEET;
THENCE NORTH 19°55'32'' WEST 58.50 FEET TOA POINT ON THE WEST LINE
OF SAID LOT 70;
THENCE ALONG SAID WEST LINE NORTH 14°48'12'' WEST, 25.56 FEET;
THENCE NORTH 06°37'21'' WEST, 77.63 FEET;
THENCE LEAVING SAID WEST LINE NORTH 05°11'55" EAST, 25.91 FEET;
THENCE NORTH 03036'06'' WEST, 47.07 FEET;
THENCE NORTH 07°25'34'' WEST 60.34 FEET;
THENCE NORTH 11 °42'25" WEST 59.68 FEET;
THENCE NORTH 03°54'47'' WEST 90.63 FEET;
THENCE NORTH 11 °09'15" WEST 96.58 FEET;
THENCE NORTH 16035'23'' WEST 100.22 FEET;
THENCE NORTH 22°33'59'' WEST 161.08 FEET;
THENCE NORTH 19°56'06'' WEST 51.16 FEET;
THENCE NORTH 15°38'15'' WEST 42.82 FEET TO THE BEGINNING OFA
/NC. Encinita$ Ranch - South Mesa
Job No. 54452.02, May 31, 2001 2 OF 4 D.'I54452tLEGA£S~PUBTR-ESMT
TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE EASTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 25°06'27", A DISTANCE OF 43.82 FEET;
THENCE NORTH 09°28'12'' EAST 65.93 FEET;
THENCE NORTH 00°40'37'' EAST 78.13 FEET;
THENCE NORTH 05°18'05" WEST 113.68 FEET;
THENCE NORTH 10°24'38'' WEST 27.71 FEET;
THENCE NORTH 00°53'17'' EAST 141.18 FEET;
THENCE NORTH 02°56'28'' WEST 54.45 FEET;
THENCE NORTH 10°26'45'' WEST 43.84 FEET;
THENCE NORTH 01 °54'01" WEST 59.53 FEET;
THENCE NORTH 10°15'53'' EAST 58.49 FEET TOA POINT HEREINAFTER
REFERRED TO AS POINT'B', SAID POINT BEING THE POINT OF TERMINUS OF
PARCEL 'B'.
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP SHALL BE PROLONGED OR
SHORTENED SO AS TO TERMINATE IN THE WEST LINE OF SAID LOT 70 AND
THE WESTERLY LINE OF SAID VIA CANTEBRIA.
EXCEPTING THEREFROM ANY PORTION OF PARCEL 'B' LYING WITHIN LOT 15
OF ENCINITAS TRACT NO. 99-137, SOUTH MESA, ACCORDING TO THE MAP
THEREOF NO. 13998;
PARCEL 'C'
ALL THAT PORTION OF LOT 70 OF ENCINITAS TRACT NO. 94-066, UNITS 4, 5
AND 6 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13356 FILED IN THE
OFFICE OF THE COUNTY RECORDER SEPTEMBER 4, 1996 AS SHOWN ON
EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF, BEING A 20.00
FOOT WIDE STRIP OF LAND, 10.00 FEET EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT THE NORTHEAST CORNER OF LOT 15 OF ENCINITAS TRACT NO.
99-137, SOUTH MESA, ACCORDING TO THE MAP THEREOF NO. 13998;
THENCE ALONG THE EAST LINE OF SAID LOT 15, ALSO BEING THE WEST LINE
OF SAID LOT 70, SOUTH 39°21'12'' WEST, 43.53 FEET;
THENCE SOUTH 07°28'58'' WEST, 84.40 FEET;
THENCE SOUTH 10o44'05'' EAST, 101.78 FEET;
THENCE SOUTH 16°51'29'' EAST, 114.91 FEET;
THENCE SOUTH 10°50'27'' WEST, 151.31 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID WEST LINE NORTH 13036'43'' EAST, 90.35 FEET TO THE
SB&O, /NC Encinita$ Ranch - South Mesa
Job No. 5445202, May31, 2001 3 OF 4 D. 1544521LEGALS~PUBTR-ESMT
BEGINNING OF A TANGENT 63.00 FOOT RADIUS CURVE, CONCAVE
SOUTH EASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 88°14'37'', A DISTANCE OF 97.03 FEET;
THENCE SOUTH 78008'40'' EAST, 40.65 FEET TO THE AFOREMENTIONED
POINT 'B';
THENCE NORTH 53°49'06'' EAST, 60.41 FEET;
THENCE NORTH 83°40'10'' EAST 202.58 FEET;
THENCE SOUTH 89°23'27'' EAST 199.44 FEET;
THENCE NORTH 75027'42'' EAST 194.59 FEET;
THENCE SOUTH 87°45'59'' EAST 51.41 FEET;
THENCE SOUTH 01047'29" EAST 54.03 FEET;
THENCE SOUTH 07°56'04" EAST 56.26 FEET;
THENCE SOUTH 50°27'56'' EAST 65.14 FEET;
THENCE SOUTH 83°06'42'' EAST 54.85 FEET;
THENCE SOUTH 89°46'40" EAST 196.44 FEET TOA POINT ON THE WEST LINE
OF GARDEN VIEW ROAD AS SHOWN ON SAID MAP NO. 13356, SAID POINT
BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP SHALL BE PROLONGED OR
SHORTENED SO AS TO TERMINATE IN THE WEST LINE OF SAID LOT 70 AND
THE WESTERLY LINE OF SAID GARDEN VIEW ROAD.
EXCEPTING THEREFROM ANY PORTION OF PARCEL 'C' LYING WITHIN LOT 15
OF ENClNITAS TRACT NO. 99-137, SOUTH MESA, ACCORDING TO THE MAP
THEREOF NO. 13998;
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
DATE
/NC Encinitas Ranch - South Mesa
Job No. 5445202, May31, 2001 4 OF 4 D:I54452[LEGALS~PUBTR-ESMT
p~ .¢,,
£NCINITA$ TRACT NO. 94-06G, UNITS 4, $ ANO 6
~-$ ! -0 ! 544,~4.0W~ 54,1~. 0~
£XHIDIT
M41~1-1 ,,, ~-E I
£N¢INITA$ TRA~T NO. 94-066, UNITS 4, $ ANO 6
~-$ ! -0 ! $44~XY~.DW~ ,.a44,~. 02
£XHIBIT -B-
PAR¢£~ "A" DATA TABLE PARC££ "B" DATA TABLE
~ ~mm'~o~ ~o~' ~ N~~ 9~.0~'
1IN~2~ 2~.41' 11 N~'12~ ~.I2'
PARCEL ~" DATA TABLE ~ ~u~ ~.~'
9 N~~ ~.4I' 31 2~7" I~.~' ~'
I0 ~'I0~ 202.~' ~ ~28'12~
I5 S~ 68.26' j7 N~8~ ~.~'
£HClHITAS TRACT NO. 94 066, UNITS 4, ~ AND 6
6-8-01 ~.D~ ~. ~
;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS,
~ personally known to me
[] proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their
............ -'~ ,", *' signature(s) on the instrument the person(s), or
~ ~ JOYCE MIZOCK ~ the entity upon behalf of which the person(s)
~ COMM. #12SAS4,3 ~ acted, executed the instrument.
~ ~.~rM~q~ NOTARY PUBLIG,OA~JRORNIA
~ MyComm, I~plret May t, ~04 WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by ia w, 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: C~'l'Oj~.~ ~
Document Date: ~ ~ · ~0~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: C~S ~0~
,
~ Individual
~ Corporate Officer--~tle(s): ~
~ Pa~ner-- ~ Limited ~ General
~ Attorney-in-Fact
~ Trustee
~ Guardian or Consewator
~ Other:
Signer Is Representing: ~