2004-25584
-
.,
,. # 2004.-0025584.
REQUESTED BY: ) ~J ¡:¡ ¡,~ :1=-"', 20()L~ 5:37 P!'~
INITAS OFFICIAL fiECCf:Dl,
SAN DIEGO COUNT'! F:ECOF:mT( ,S OiEIel.
) ;f:ECOF:Y J. SMITH, COUNTY RECORDEF:
) FEES~ 0.00
) DC: I~A
CITY CLE )
CITY OF EN INIT AS )
505 SOUTH ULCAN AVENUE )
ENCINITAS CA 92024
For the benefi ofthe City of Encinitas
fV7 ASSESSOR'S PARCEL NO. 258-112-27 PROJECT NO. PC 02-211
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(f/ GRANT OF EASEMENT
\ FOR RECREATIONAL TRAILS
A. ,SAN D EGUITO UNITED METHODIST CHURCH, A CALIFORNIA CORPORATION
("OWNER", reinafter) is the owner of real property described in Exhibit "A" which is attached
hereto and ma e a part hereof ("PROPERTY" hereinafter).
For valuable c nsideration, OWNER hereby grants to the City of Encinitas ("CITY" hereinafter),
(for the bene t of CITY), easements across PROPERTY located as described in Exhibit "B",
which are atta hed 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- otorized bicycles. However, no motorcycles or other motor vehicles shall be
permitted on t e trails with the exception of emergency and maintenance vehicles.
B. CITY grees to properly and safely maintain the trails and related improvements to a
level satisfact ry to serve sufficiently the public need. Construction and maintenance activities
include, but ar not limited to, work on, below, and above the surface of the easements.
C. Pursua t to a permit issued by the CITY, private owncrs of lots adjacent to the easement
granted (0 the CITY may construct and maintain driveways and install underground utilities
across the ease ent, subject to the following conditions:
1) No cuI erts, berms, ditches or other features which may impede or restrict the intended
use of t 1e trail, shall be permitted.
2) The s face of any driveway which crosses the easement must be smoothed to a level
satistà tory to the Director of Community Services.
3) Theg de of any driveway which crosses the easement must match the grade of the trail
on bot sides.
D. CITY grees to defend, indemnify, and save free and hold harmless OWNER from and
against all cl ims, liabilities, penalties, fines, or any damage to goods, properties, or effects of
and person wI atever, and for personal injuries or death caused by, or resulting from, or claimed
to have been aused by, or resulting from the negligence or intentional act of CITY.
E. This e sement shall run with the land and be binding upon and inure to the benefit of the
cncumbrancer, successors, heirs, personal representative, transferees and assigns of the
rcspective pa ies.
F. If cith r party is required to incur costs to enforce the provisions of this easement, the
prevailing pa y shall be entitled to full reimbursement of all costs, including reasonable
attorney's fees from the other party.
Dated Owner ..5;<>..1 1;~c6-(/,?O V'-v...-*,:>
.n?¿~d.o'~T C¿"¡:t/4,...c.H
W.., Vld i4'1ì>'ltt k G,'V[AI,tv
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Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
1 certif on behalf of the City Council of the City of Encinitas, pursuant to authority
conferr d by Resolution of said Council, adopted on November 9, 1994, that the City of
Encinit s consents to the making of the foregoing Grant of Easement for Recreational
Trails, ccepts the easement granted thereon, and consents to the rccordation thereof by
its dul authorized officer.
DATE: ;/? þ4f BY: ~~
'¡;'r Peter Cota-Robles
Director of Engineering Services
CALIFORN A ALL.PURPOSE ACKNOWLEDGMENT
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~,' State 0 California ~ ø '. } ss.
~ County 1 ~ ~
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~ On tJ before rne, l:íV if ,~r ^- C. r:CZ/ ~
<".' ¡; 17'1 k' "' N,m""d '~I'l"'J"'O".N"'O 0",""
~. " person lIyappeared V'f, / /Z1 /17/1. t I/J é7vV ~
<', N,m'l ,fS""",,,
~ personally known to me
g::J proved to rne on the basis of satisfactory
g evidence
g
g to be the person(s) whose narne(s) is/are
g subscribed to the within instrument and
g acknowledged to me that he/she/they executed
g CORNatA A. ElliSOR the same in his/her/their authorized
? Commission # 1285626 capacity(ies), and that by his/her/their
g Na1ay Public - CaJlfom/a ~ signature(s) on the instrument the person(s), or
g San DIego Coonty - the entity upon behalf 01 which the person(s)
¡:; My Canm. Expiœ Dee 27, 2IJO4 acted, executed the instrument
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g
g OPTIONAL
g Though I informaNon below is not required by law. it may prove valuable to persons relying on the document and could prevent
g fraudulenl removal and reattachment of Ih,. form 10 another document
~, Descri tion of Attached Document /
g TItle or T pe of Document:
g /
g Docume t Date: .// Nurnber 01 Pages:
g/
g Signer(s) Other Than Narned Above: "'
g
~ Capaci y(ies) Claimed by Signer
g Signer's ame:
g ,..
g = Indivi ual Top ~I (homb he<.
g = Corpo ate Officer - TItle(s):
g - Partn r - ::J Limited C General
g = Attorn y-in-Fact
(> = Truste
g ~ Guard an or Conservator
þ- Other:
g Signer Is epresenting:
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EXHIBIT "A"
LEGAL DESCRIPTION
Real p operty in the City of Encinitas, County of San Diego, State of California, described as
follow:
THAT ORTION OF THE SOlITHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
15, T WNSHIP 13 SOlITH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF
SAN D EGO, STATE OF CALIFORNIA, ACCORDING TO OFACIAL PLAT THEREOF, TOGETHER
WITH HAT PORTION OF LOT 5 OF ENCINITAS PLAZA/WESLEY HOMES UNIT NO.1, IN THE
CITY F ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THER F NO. 8116, ALED IN THE OFACE OF THE COUNTY RECORDER OF SAN DIEGO
COU , MAY 28, 1975, DESCRIBED AS FOLLOWS:
ING AT THE SOlITHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
R OF SAID SECTION 15; THENCE ALONG THE BOUNDARY OF THE LAND DESCRIBED IN
OR'S DEED TO PAUL ECKE ET UX, RECORDED FEBRUARY 1, 1963 AS OF DOCUMENT NO,
F OFFICIAL RECORDS, AS FOLLOWS:
NOR 89 DEGREES 15'13" WEST ALONG THE SOlfTH LINE OF SAID NORTHWEST QUARTER OF
THE N RTHWEST QUARTER, 10,21 FEET, AND NORTH S DEGREES 31'12" WEST 318.92 FEET
TO TH NORTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE NORTHERLY LINE OF
SAID ND AND ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA RECORDED AUGUST 30, 1962 AS DOCUMENT NO. 149822 OF OFACIAL
RECOR S NORTH 80 DEGREES 47'08" EAST 148.45 FEET TO THE SOUTHERLY LINE OF SAN
MARC S ROAD AS DESCRIBED IN THAT CERTAIN EASEMENT TO THE COUN1Y OF SAN DIEGO
RECOR ED JULY 26, 1967 AS DOCUMENT NO. 109745 OF OFACIAL RECORDS; THENCE ALONG
SAID S UTHERL Y LINE SOUTH 84 DEGREES 12'08" EAST 121.88 FEET TO THE BEGINNING OF A
TANGE T 749.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 07 DEGREES 16'43" AN ARC DISTANCE OF 95.1S FEET
THENC LEAVING SAID SOUTHERLY LINE SOlITH 01 DEGREES 59'14" WEST 317.67 FEET,
MORE R LESS TO A POINT IN THE EAST-WEST CENTER LINE OF THE NORTHWEST QUARTER
OF SAI SECTION IS, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
EAST- EST CENTER LINE SOUTH 89 DEGREES 15'13" EAST 60.00 FEET; THENCE SOUTH 01
DEGRE S 59'14" WEST 34.02 FEET TO A POINT IN A NON-TANGENT 255.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 11 DEGREES
00'35" ST THENCE EASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE F 70 DEGREES 54'56" AN ARC DISTANCE OF 315.61 FEET; THENCE TANGENT TO SAID
CURVE OUTH 08 DEGREES 04'34" EAST 435.11 FEET, MORE OR LESS, TO A POINT IN THE
SOUTH RLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUAR R OF SAID SECTION 15; THENCE ALONG 5AID SOlITHERL Y LINE NORTH 89 DEGREES
05'47" EST 354.34 FEET; THENCE LEAVING SAID SOlITHERLY LINE NORTH 08 DEGREES
04'34" EST 457.37 FEET; THENCE NORTH 19 DEGREES 22'26" EAST, 199.93 FEET TO A POINT
IN ANN-TANGENT 2S5.00 FOOT RADIUS CURVE, CONCAVE SOlITHERLY, A RADIAL LINE TO
SAID P INT BEARS NORTH 08 DEGREES 42'50" WEST; THENCE EASTERLY ALONG SAID CURVE
THROU H A CENTRAL ANGLE OF 06 DEGREES 12'13" AN ARC DISTANCE OF 27.61 FEET;
THENC NORTH 01 DEGREES 59'14" EAST 30.35 FEET TO THE TRUE POINT OF BEGINNING.
First American Title
EXiU IT "A" CONT.
EXCEP NG THEREFROM THAT PORTION LYING WITHIN CALLE MAGDALENA AS SHOWN ON
SAID AP NO. 8116.
APN: 2 8-112-27-00
First American Title
. ,
EXHIBIT" 0"
LEGAL DESCRIPTION
" (TRAIL EASEMENT)
THAT POR: ON OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 15, TOWNSHIP 13 SOUTIl, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
INTHEC OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORD G TO OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE SAN
DIEGO CO RECORDER, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
A 30-FOOT WIDE STRIP OF LAND LYING 15 FEET ON EACH SIDE OF THE
FOLLO G DESCRIBED CENTERLINE:
COMMEN INGATTHE SOUlHWEST CORNER OF LOT 1 OF MAP NO. 10235,
RECORDE ON OCTOBER 6, 1981; THENCE ALONG THE SOUTHERLY LINE OF THE
NORm F OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SEC ION 15, NORm 89"05'53" WEST, 214.16 FEET TO THE TRUE POINT OF
BEGINNI G; THENCE LEAVING SAID SOUTHERLY LINE, NORm 76°12'25" EAST,
44.89 FEET THENCE NORm 87°07'43" EAST, 43.38 FEET TO THE BEGINNING OF A
NON-TAN ENT 206.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A
RADIAL L E FROM SAID RADIUS POINT BEARS, sourn 25°59'02" EAST; THENCE
ALONG ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°26'57" AN
ARC DlST CE OF 33,97 FEET TO A POINT HEREINAFTER KNOWN AS POINT "A",
THENCE C NTINUING ALONG SAID 206.00 FOOT RADIUS CURVE, A RADIAL LINE
FROM S RADIUS POINT BEARS, sourn 35°25'58" EAST; THENCE ALONG THE
ARC OF S D CURVE THROUGH A CENTRAL ANGLE OF 11 °33 '02" AN ARC
DISTANCE OF 41.53 FEET TO A POINT HEREINAFfER KNOWN AS POINT "8",
THENCE C NTINUING ALONG SAID 206,00 FOOT RADIUS CURVE, A RADIAL LINE
FROM SAI RADIUS POINT BEARS sourn 46°59'00" EAST; THENCE ALONG THE
ARC OF S CURVE THROUGH A CENTRAL ANGLE OF 09"02'18" AN ARC
DISTANCE OF 32,50 FEET TO A POINT HEREINAFTER KNOWN AS POINT "C",
THENCE C NTINUING ALONG SAID 206,00 FOOT RADIUS CURVE, A RADIAL LINE
FROM SAI RADIUS POINT BEARS sourn 56°01' 18" EAST; THENCE ALONG THE
ARC OF S D CURVE THROUGH A CENTRAL ANGLE OF WOO' 19" AN ARC
DISTANCE OF 53.95 FEET TO A POINT ON THE SOUTHERLY RIGIIT.OF-WAY OF
CALLE DALENA AS DEDICATED IN DOCUMENT RECORDED ON JULY 10,1980
AS FILE N ,80-2167 I 9 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE POINT
OF TERMI US,
THE SIDEL S OF SAID 30-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDE SO AS TO TERMINATE SOUTHERLY IN THE SOUTHERLY LINE OF THE
NORm F OF THE SOUTHEAST QUARTER OF THE NORlHWEST QUARTER OF
SAID S ON 15, EASTERLY IN THE WESTERLY LINE OF SAID LOT I, AND
NORTHE Y IN SAID SOUTHERLY RIGHT-OF-WAY LINE OF CALLE MAGDALENA.
CONTAINS 7217 SQUARE FEET MORE OR LESS.
, ,
EXHIBIT "ð"
LEGAL DESCRIPTION
PARCEL "D" (TRAIL EASEMENT)
1HA T PO TION OF TIiE SOUTIffiAST QUARTER OF TIiE NORTHWEST QUARTER OF
SECTIO 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
INTIiEC OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORD G TO OFFICIAL PLAT TIiEREOF FILED IN TIiE OFFICE OF TIiE SAN
DIEGO C UNTY RECORDER, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOW:
A 12-FOO WIDE STRIP OF LAND LYING 6 FEET ON EACH SIDE OF TIiE FOLLOWING
DESCRIB CENTERLINE:
8EGINNI G AT AFOREMENTIONED J>OINT "8"; TIlENCE NORm BoI5'00" EAST,
64,78 FE TO A POINT ON TIiE SOtmIERLY RIGHT-OF-WAY OF CALLE
MAGDAL A AS DEDICATED IN DOCUMENT RECORDED ON JULY 10, 1980 AS FILE
NO. 80-21 719 OF OFFICIAL RECORDS, SAID POINT ALSO BEINGTIiE POINT OF
TERM! S.
TIiE SID INES OF SAID 12-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTEND D SO AS TO TERMINATE SOtmIERLY IN TIiE NORTHWESTERLY LINE OF
HEREIN OVE DESCRIBED PARCEL "A" AND NORTHERLY IN SAID SOUTHERLY
RIGHT -0 -WAY LINE OF CALLE MAGDALENA.
CONTAIN 386 SQUARE FEET MORE OR LESS.
, , EXHIBIT "B"
i
LOT I I ,
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MAP NO. 10295 I <>:
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~ PARCEL "A" - PROPOSED «
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SEWER, A TER, AND 0 II ..., . 2
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TRAIL ASEMENT 01-«0...,(0 0 -.J
7.217 SF. Wê30LL~ '. >-
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~ PARCEL "B" - PROPOSED Horn U UJ
WATER ASEMENT -.JWorlrn Cl.
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279 SF. . .t-- 11)'
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œ PARCEL "C" - PROPOSED 02 (\
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0 PARCEL "D" - PROPOSED - «20
UJ~02 ~('{).
------ TRAIL E SEMENT ~-2
386 SF ~ I- .
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DELTA LENGTH RADIUS ,- ú)
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C1 09 "26 '57' 33.97' 206 ,00' ~\) KJ.
C2 11 "33 '02' 41.53' 206 .00' WW~ '0)
C3 09 "02 '18' 32.50' 206.00' ú)ú)~ <1!Q)
..., .
C4 15 "00 '19' 53.95' 206.00' " "
C5 03 "53'51' 4.08' 100.00' !!!""
C5 31 "01 '44' 33.54' 50.00' C/)
PE 1O44F
Ii PASCO EN INEERING
(858) 259- 212
535 N. HW 101, STE. A
SOLANA BE CH, CA 92075