2004-555915
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RECORDING REQUESTED BY: )
CITY ENCINIT AS
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WHEN RECORDED MAIL TO: )
)
CITY CLERK )
CITY ENCINIT AS )
505 SOUTH VULCAN AVENUE )
For the benefit of the City of Encinitas
ASSESSOR'S PARCEL NO. 264-161-32 PROJECT NO. Parks & Rec.
GRANT OF EASEMENT
FOR RECREATIONAL TRAIL $
James Beck and Eileen B. Beck, husband and wife as joint tenants ("OWNER", IS
the owner of real property described as Lot 71 of County of San Diego Tract No. 3494-1, in
City Encinitas, County of San Diego, State of California, according to Map No. 9051, filed in
the Office of the County Recorder of San Diego County, on December 31,1978 ("PROPERTY"
hereinafter) .
For valuable consideration, OWNER hereby grants to the City of Encinitas ("CITY" hereinafter),
(for the benefit of CITY), an easement across PROPERTY located as described in "AI!
and "B", which are attached hereto and made a part hereof, for Public Recreational
which include, without limitation, use by members of the public walk, jog,
and operate non-motorized bicycles. However, no motorcycles or other motor
permitted on the trails with the exception of emergency and maintenance vehicles.
CITY to properly and safely maintain the trails and related improvements to a level
satisfactor¡ to sufficiently the public need.
include, but are not limited to, work on, below, and above the surface of easements.
Pursuant to a permit issued by the CITY, private owners of lots adjacent to easement granted
to the CITY may construct and maintain driveways and install underground utilities across
easement, subject to the following conditions:
1 )N 0 berms, ditches or other features which may hnpede or restrict the intended
use of the trail, shall be permitted.
2) surface of any driveway which crosses the easement must be smoothed to a
satisfactory to the Director of Community Services.
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grade of any driveway which crosses the easement must match the of the
on both sides.
CITY agrees to defend, indemnify, and save free and hold harmless OWNER against
all liabilities, penalties, fines, or any damage to goods, properties, or effects person
whatever, and for personal injuries or death caused by, or resulting from, or claimed to have
caused by, or resulting from the negligence or intentional act CITY.
This easement shall run with the land and be binding upon and' to the benefit
encumbrancers, successors, heirs, personal representative, transferees and assigns
respective parties.
either party is required to incur costs to enforce the provisions this easement, the
party shall entitled to full reimbursement of all costs, including reasonable attorney's
from the other party.
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 making of the foregoing Grant of Easement
accepts the easement granted thereon, and consents the recordation thereof by
its duly authorized officer.
BY:
Peter Cola-Robles,
Director of Engineering Services
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55.
Name(s) o! Signer(s)
the information below is not it may prove valuable to persons on the
fraudulent removal and reattachment of this form to another document.
Top of thumb here
Is
@ 1999 National Notary Association' 9350 De Soto Ave.. PO. Box 2402' Chatsworth, CA 91313-2402' www.nationainotary.org Prod. No 5907 Reorder: Call Toll-Free 1-1300-876-6827
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EXHIBIT "A"
Legal Description for Recreational Trail Easement
That portion of Lot 71 of County of San Diego Tract No. 3494-1' City
. County of San Diego, State California, according to No. 9051,
filed' the Office of the County Recorder of San Diego County, on December 31,
1 8 particulars as follows:
Beginning at the southeast comer of said Lot 71 being a point on a curve concave
easterly' a radius of 330.00 feet, to which point a radial' bears N
87°34'26" ; thence northerly along said curve and lot line through central angle
of 05°58'50" a distance of 34.45 feet to the True Point
departing said curve and lot line N 19°14'09" W 34.85 feet to a point on a non-
tangent curve concave easterly having a radius of 345.00 feet whose radial'
bears N 81 °06'06" W; thence continuing northerly along said curve concentric
with said lot line through a central angle of 10°52'04" a distance 5.44
thence departing said curve N 43°43 '50" E 42.60 feet to a point on a curve of
westerly lot line of said lot 71, said point being on a curve concave easterly having
a radius of 330.00 feet, to which point a radial line bears N 63°27 1" W;
southerly along said curve and lot line through a central angle 59' 13" a
distance 132.40 feet to the True Point of Beginning.
"
Blair Allen Knoll Date
L.S.7376 Exp. Date 12-31-05
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EXHIBIT II II .
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\ \ /10' SEWER EASEMENT '" '., . i /
~ ~ MAP 9051!\t~.Jo .
/ \ \"'~% "
\ \ IV/OO/f I CJ:::, '-~"~'-~.,
\ <.{. ¿I'W / ~'---'-,_.,
\ \ \fRAINAGE EASEMENT (~) '- ' ...... tòc
'\ MAP 9051 (; /
\ . \
\ \ \ \
\ \ \ \ Q) iJ.Ji I
\ \ \\ ;:::, I
\ \ \ :]/ /
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[M1]L%~ @@fB)~\ (i)\ . I
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\ T,'P.O.B. I
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FLOWAGE EASEMENT \l¡ .
MAP 9051 ~\ I
~ N87°34' ~R)
--- -- -- , I
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P.O.B. \ \
~(Q)U (](2 30' ,
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[M]~[F> @rm!ffi ~ , \ '
SCA : In = 30.
REPARED BY CITY OF NCINIT AS
City of ncinitas
RECREATIONAL RAIL ASEM NT
LOT 71 OF MAP 9051
BECK PROPERTY
7376 XP, 12/05 SHEET I OF
r
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.. , XHI IT 18 18
VICINITY AP
(No SCALE)
... RECREATIONAL TRAil EASEMENT (AREA = 1461 SQ. FT)
DEDI CA TED HEREON
.. .DRAINAGE EASEMENT PER MAP 9051
L NGTH RADIUS EARl
34.45' 330.00' 05°58'50"
34.85' NI9°14'09"W
65.44' 45.00' I °5 '04'1
2.60' N43°
132.40' 330.00' 22°59'13"
PREPARED BY CITY 0 CINITAS
. City of Encinitas
RECREATIONAL TRAIL ASEM N
LOT I OF A 9051
BECK PROPER Y
LAIR ALLEN 7376 XP. 12/0 SH T OF
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