2003-149642 85 6 DOG 003-0149642
ABCORDINGRgQUESTEDBY: FEB 10, 2OO3 11: 33
OFFICIAL
CITY OF ENC~ITAS B~ DIE~ COUNTY RE~RDER'~ O~ICE
G~GDRY J. ~ITH, BOUNTY
WHEN ~CO~ED ~ TO: FEE~: 0.00
· : NA
CITY CLE~
505 SOUTH ~C~ AVE~ 2~3-014~642
ENC~ITAS, CA 92024
For the benefit of the City of Encinit~
ASSESSOR'S P~CEL NO. 261-150-38 PROJECT NO, 98-123
G~NT OF EASEMENT
FOR ~C~ATIONAL T~LS
A. TEMPLE SOLEL, A CAL~O~ NON-PROFIT CO,OPTION
("O~ER", hereina~e0 is the owner of real prope~ described in Ex,bit "A" which is a~ached
hereto ~d made a p~ hereof ("PROPERTY" here[na~e0.
For valuable consideration, O~R hereby ~ts to the CiW of Encinitas ("CITY" hereina~e0,
(for the benefit of CITY), e~ements across PROPERTY located, as described in Exhibit "B",
which ~e attached hereto ~d made a pm hereof, for Public Recreational Trail p~oses which
include, without limitation, use by members of the public to wa~, jog, m, fide horses, ~d
operate non-motorized bicycles. However, no motomycles or o~er motor vehicles shall be
pe~itted on ~e tr~ls with the exertion of emergency ~d mainten~ce vehicles.
B. CITY a~ees to properly ~d safely maintain the ~ails ~d related improvements to a
level satisfacto~ to se~e sufficiently the public need. Construction ~d maintenance activities
include, but are not limited to, work on, below, and above the surface of the e~ements.
C. Pursuit to a pemit issued by the CITY, private owners of lots adjacent to ~e easement
granted to the CITY may cons~ct ~d maintain driveways ~d install ~der~o~d utilities
across the easement, subject to the following conditions:
1) No culveAs, be~s, ditches or o~er feat~es which may impede or res~ct the intended
use of the ~ail, shall be pe~itted.
2) The surface of ~y driveway which crosses the easement must be smoothed to a level
satisfacto~ to the Director of Co--unity Se~ices.
851
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
attomey's fees,)om )he other party.
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 thereom and consents to the recordation thereof by
its duly authorized officer.
Peter Cota-Robles
Director of Engineering Services
8518
-¢~¢~kMF~4~ "A" TO
PROJECT NO. 98-123
DESCRIPTION
PARCEL 1:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EAST HALF OF SAID NORTHEAST
QUARTER OF THE NORTHEAST QUARTER, DISTANT THEREON SOUTH 00° 23' 15" WEST 40.00
FEET FROM THE NORTHERLY LINE OF SAID SECTION 26; THENCE ALONG SAID WESTERLY
LINE, SOUTH 00° 23' 15" WEST 311.00 FEET; THENCE SOUTH 89° 57' 36" EAST 650.97
FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF LAND DESCRIBED, IN DEED TO THE
COUNTY OF SAN DIEGO, RECORDED NOVEMBER 6, 1967 AS FILE NO. 173550 OF OFFICIAL
RECORDS; THENCE ALONG SAID WESTERLY LINE, NORTH 04° 23' 20" WEST 311.93 FEET TO
AN INTERSECTION WITH A LINE THAT BEARS SOUTH 89° 57' 36" EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 89° 57' 36" WEST 624.99 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO ACCORDING TO THE OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER WITH THE NORTHERLY LINE OF SAID
SECTION 26; THENCE ALONG SAID WESTERLY LINE SOUTH 00° 23' 15" WEST 40.00 FEET; THENCE
SOUTH 89° 57' 36" EAST 624.99 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF LAND
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 6, 1967 AS FILE
NO.173550 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE, NORTH 04° 23' 20" WEST
40.09 FEET MORE OR LESS, TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID SECTION 26,
DISTANT THEREON NORTH 89° 57' 36" WEST 51.00 FEET FROM THE NORTHEAST CORNER OF SAID
SECTION 26; THENCE ALONG SAID NORTHERLY LINE, NORTH 89° 57' 36" WEST 621.65 FEET TO THE
POINT OF BEGINNING.
·, EXHIBIT "B"
8519
LEGAL DESCRIPTION
THAT PORTION OF TI~ EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MEK1DIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, AS SHOWN ON KECOP, X) OF SURVEY MAP NO. 15896, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 14, 1998,
DESCR/BED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26, AS IT
IS SHOWN ON SAID RECORD OF SURVEY MAP NO. 15896, SAID POINT BEARS
N89'25'36"W FROM THE NORTHEAST CORNER OF SAID SECTION 26; THENCE
ALONG THE NORTH LINE OF SAID SECTION 26 S89'25'36'E 146.70 FEET; THENCE
S49'26' 10'E 25.35 FEET TO THE BEGINNING OF A CURV-E, CONCAVE NORTHEKLY,
HAVING A KAD1US OF 16·00 FEET; THENCE SOUTHEASTERLY AND EASTERLY
ALONG SAID CURVE 11.17 FEET TI-~OUGH A CENTRAL ANGLE OF 39'59'39";
THENCE S89'25'49'E 46.46 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 380·50 FEET, A RADIAL TO SAID
POINT BEARS N00'34'37"E; THENCE EASTERLY ALONG SAID CURVE 45.01 FEET
TI-~OUGH A CENTRAL ANGLE OF 06'46'37";THENCE S22'48'10'E 13.61 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RAD1US OF 637.27 FEET, A RADIAL TO SAID POINT BEARS N23'20'09"W; THENCE
SOUTHWESTERLY ALONG SAID CURVE 1.50 FEET THROUGH A CENTRAL ANGLE
OF 00'08'06"; THENCE S22'48' 10"E 39.24 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 340.00 FEET, A
RADIAL TO SAID POINT BEARS N22*46'23"W; THENCE EASTERLY ALONG SAID
CURVE 246.13 FEET THROUGH A CENTRAL ANGLE OF 41'28'38" TO THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A
RADIUS OF 175.87 FEET, A RADIAL TO SAID POINT BEARS S60'50'01"E~ THENCE
NORTHEASTERLY ALONG SAID CURVE 12.61 FEET THROUGH A CENTRAL ANGLE
OF 04'06'32"; THENCE N25°30'36"E 29.82 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS 75.00 FEET, A
RADIAL TO SAID POINT BEARS N34'08'24"W; THENCE NORTHEASTERLY AND
EASTERLY ALOING SAID CURVE 32.65 FEET THROUGH A CENTRAL ANGLE OF
24°56'40'; THENCE N80'48' 16"E 20.65 FEET TO THE BEGINNING OF A CURVE,
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE 15.11 FEET THROUGH A CENTRAL ANGLE
OF 34'37' 12" TO THE NORTH LINE OF SAID SECTION 26; THENCE ALONG SAID
NORTH LINE S89'25'36"E 6.61 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE NORTHWESTERLY, HAVING A RADiUS OF 30.00 FEET, A
RADIAL TO SAID POINT BEARS S52'52'40"E; THENCE SOUTHWESTERLY AND
WESTERLY ALONG SAID CURVE 22.87 FEET THROUGH A CENTRAL ANGLE OF
43°40'56"; THENCE S80'48' 16"W 20.65 FEET TO THE BEGINNING OF A CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS 70.00 FEET; THENCE WESTERLY AND
SOUTHWESTERLY ALONG SAID CURVE 29.14 FEET THROUGH A CENTRAL ANGLE
1 of 2
' ,, EXHIBIT "B"
,, 8520
OF 23'51'08"; THENCE S25'30'36"W 28.40 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 180.87
FEET, A RADIAL TO SAID POINT BEARS S64°56'33"E; THENCE SOUTHWESTERLY
17.17 FEET THROUGH A CENTRAL ANGLE 05'26' 18" TO THE BEGINNING OF A NON-
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 335.00 FEET, A
RADIAL TO SAID POINT BEARS N19'24'24"E; THENCE WESTERLY ALONG SAID
CURVE 251.62 FEET THROUGH A CENTRAL ANGLE OF 43'02'04"; THENCE
N22'48' 10"W 44.20 FEET TO THE BEGINNING OF A NON-TANGENT CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS 637.27 FEET, A RADIAL TO SAID
POINT BEARS N23'55' 13"W; THENCE SOUTHWESTERLY ALONG SAID CURVE 1.50
FEET THROUGH A CENTRAL ANGLE OF 00'08'06"; THENCE N22'48' 10"W 9.10 FEET
TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING
A RADIUS OF 372.50 FEET, A RADIAL TO SAID POINT BEARS N06'38'53"E; THENCE
WESTERLY ALONG SAID CURVE 39.47 FEET THROUGH A CENTRAL ANGLE OF
06'04'16"; THENCE N89'25'49"W 45.01 FEET TO THE BEGINNING OF A CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 28.00 FEET; THENCE WESTERLY
AND NORTHWESTERLY 19.54 FEET TI-IROUGH A CENTRAL ANGLE OF 39'59'38";
THENCE N49'26' 10'W 17.87 FEET; THENCE N89'25'36"W 146.24 FEET TO THE WEST
LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 26, AS SHOWN ON SAID RECORD OF SURVEY MAP NO.
15896; THENCE ALONG SAID WEST LINE N00'55' 16"E 10.00 FEET (RECORD
N00°55'09"E PER RECORD OF SURVEY MAP NO. 15896) TO THE POINT OF
BEGINNING.
CONTAINS: 0.105 ACRES
. ~/~rER, P.L.S 4307 DATED
2 of 2
:' EXHIBIT "B"
JRI_~ ~Zz_~ E ~ i~ INDICATES LIMITS OF
s 5-. , ~1/ MANCHES~R ~ A~NUEI i ....
~= 412838 ~ ~= 430204 ~ T6 N 80'4816 E 20.65
~ I T7 S 89'25'36" E 6,61'
L = 246.1Y L = 251.62' I T9 S 25'30'56" W 28.40'
I 24'03'19" W (R) 2 06'46'37" 380.50' ~5.01'
I C31 00'0~'06" 637.27' 1.50'
00'34'37" E (R) 06'38'5Y' E (R) C4 04~6'32" 175.87' 12.61'
C9 05'26'18"
40'33' 0 ~ Z .~ ~ 180.87' 17.17'
~ 0 ~ ~ ~ ~ 39'59'38" 28.00' 19.54'
~ ~ ~ ~ ~NTS:
~ ~ ~ROAO AND PUBLIC U~LI~ES, 9/25/59,
m ~ DOC. NO. 198751
~ / ~ST LINE Of E1/2, NE1/4, NE1/4 ~SDGAE INGRESS A EGRESS, 11/6/68,
DOC. NO, 193628
/rl~ S 00'55'16" W 350.96'
POINT OF (S O{ '55'09" W 351.00' R,O.S. 15896) ~SDG~E INGRESS ~ EGRESS, 5/5/99,
BEGINNING DOC. NO. 1999-030398~
ECS 14106
TEMPLE SOLEL
J TRAIL EASEMENT
a~a~n ~sa ~s~ ~s~. ENCINITAS, CA
. 8522
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof ss.
On,~O~,dCt~/cQC/~c~L~ before me, ,'~ ~ "C ,
I ' ~ Name,and ~fle~cer (~.g., "Jane ~, ~ Pu~' ")
pemonally appeared ~i~Q
' Name(s) of S~ne~s)
~ pemonally known to me
~ proved to me on the basis of satisfacto~
evidence
to be the person(s) whose name(s) islam
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/hedtheir 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.
~ ~ ~ ~ C~ ~ ~NESS my ~ ~.d official seal.
OPTIONAL
Though the info.etlon below is not requimd by law, it may prove valuable to perone mlying on the document
and could pmvent fmudulent mmoval and rea~achment of this fo~ to another document.
Description of Affached Document
~tle or Type of Document:
Document Date: ~~ ~, ~O~ Number of Pages:
Signer(s) Other Than Named Above:
Capaci~(ies) Claimed by Signer
Signer's Name:
~ Individual Top of thumb here
~ Corporate Offi~r-- ~tle(s):
~ Padner-- ~ Limited ~ General
~ A~omey in Fact
~ Trustee
~ Guardian or Conse~ator
~ Other:
Signer Is Representing:
1997 National No~ Ass~iation · 93~ De ~to Ave. RO Box 2402 * Cha~we~, CA 9131~2402 Pr~ No 5907 R~der: Cell T~l-Fme 1~0~76~827