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DO~ # 2004-0876829
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SEP 15, 2004 10:26 AM
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RECORDING REQUESTED BY:
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CITY OF ENCINITAS
WHEN RECORDED MAIL TO:
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CITY CLERK
CITY OF ENCINIT AS
505 SOUTH VULCAN AVENUE
ENCINIT AS, CA 92024
For the benefit of the City of Encinitas
ASSESSOR'S PARCEL NO.
PROJECT NO.
264-091-47
00-186 TMlMUPIDRÆIA
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GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A.
Brys C. Myers and Rita L. Vasquez-Myers, as Trustees ofthe Meyers Family Trust
("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 apart 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 ofthe 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.
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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 ~ ? : '] I 2-rrJ 'f
V . ) ,:?tJoL(
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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 thereon, and consents to the recordation thereof by
its duly authorized officer.
J.
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DATE:
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BY:
Peter Cota-Robles
Director of Engineering Services
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EXHIBIT "A"
LEGAL DESCRIPTION
PEDESTRIAN AND EQUESTRIAN TRAIL
LOT 24 OF CITY OF ENCINITAS TRACT NO. 88-183, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 12882, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1991.
July 7,2004
S:\4545surv\LEGALS\4545 EXHIBIT A TRAIL LOT24,doc
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EXHIBIT "B"
LEGAL DESCRIPTION
PEDESTRIAN AND EQUESTRIAN TRAIL
PARCEL A:
A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING WITHIN LOT 24 OF CITY OF
ENCINITAS TRACT NO. 88-183, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12882, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER
23,1991, THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERL Y CORNER OF SAID LOT 24 THENCE ALONG
THE SOUTHERLY LINE THEREOF NORTH 71 °07'30" WEST, 79.82 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 73°58'43"
EAST, 18.56 FEET TO THE BEGINNING OF A TANGENT 105.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
58.76 FEET THROUGH A CENTRAL ANGLE OF 32°03'58" TO A POINT ON THE
EASTERLY LINE OF SAID LOT 24 DISTANT THEREON NORTH 00°34'56" EAST, 30.93
FEET FROM THE SOUTHEASTERLY CORNER THEREOF.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO
AS TO TERMINATE SOUTHERLY ON SAID SOUTHERLY LINE OF LOT 24 AND
EASTERLY ON SAID EASTERLY LINE OF LOT 24.
PARCEL "B":
THAT PORTION OF LOT 24 OF CITY OF ENCINITAS TRACT NO. 88-183, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 12882, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, OCTOBER 23,1991 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 24 THENCE ALONG
THE SOUTHERLY LINE THEREOF NORTH 71 °07'30" WEST, 258.03 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE, NORTH
71 °07'30" WEST, 12.93 FEET; THENCE LEAVING SAID LINE NORTH 58°13'49" EAST,
51.51 FEET; THENCE NORTH 60°52'17" WEST, 42.98 FEET TO THE BEGINNING OF A
TANGENT 7.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE 16.60 FEET THROUGH A CENTRAL ANGLE OF
135°53'59"; THENCE NORTH 75°01'42" EAST, 53.43 FEET TO THE SOUTHERLY LINE
OF THAT RECREATIONAL TRAIL DEDICATED TO THE CITY OF ENCINITAS ON
SAID MAP NO. 12882; THENCE ALONG SAID LINE SOUTH 72°20'45" EAST, 15.89
FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 77°56'03" EAST, 28.22 FEET;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 75°01'42" WEST, 87.60 FEET;
THENCE SOUTH 60°52'17" EAST, 40.68 FEET TO THE BEGINNING OF A TANGENT
7.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE 14.55 FEET THROUGH A CENTRAL ANGLE OF 119°06'05";
THENCE SOUTH 58°13'49" WEST, 48.41 FEET TO THE TRUE POINT OF BEGINNING.
OCTOBER 27,2003
S:\4545surv\LEGALS\4545 EXHIBIT B TRAIL LOT24.DOC
8 EXHIB IT " B " 8
EASEMENT PLAT
LOT,. 24
MAP NO. 12882
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298.00'
LINE TABLE
LINE LENGTH BEARING
L1 18.56 S73.58' 43"W
L2 12.93 N71.07'30"W
L3 51.51 N58.13' 49"E
L4 42.98 N60.52'17"W
L5 53.43 N75.01'42"E
L6 15.89 S72.20' 45"E
L7 28.22 N77.56'03"E
L8 87.60 S75.01' 42"W
L9 40.68 S60"52'17"E
L10 48.41 S58"13' 49"W
CURVE TABLE
CURVE DELTA LENGTH RADIUS
C1 32"03'58" 58.76 105.00
C2 135.53'59" 16.60 7.00
C3 119"06'05" 14.55 7.00
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SCALE: 1" = 50'
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SAN DIEGUITO ENGINEERING, INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA. 92024
PHONE: (760) 753-5525
CIVIL ENGINEERING. PLANNING
LAND SURVEYING
TPOB
PCL .. A"
POB
DllIIDJ] INDICATES EASEMENT AREA
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SDE 454
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ALL-PURPOSE ACKNOWLEDGMENT
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-fj Comm.#1362409 ( )
( ). . NOTARY. PUBLIC. CALIFORNIA -
, San Diego County ..
My Comm Expires June 25, 2006
C)(proved to me on the basi~; of satisfactory
evidence to be the person(s) whose name(s)
iې)uhscribed to the within instrument and
acknowledged to me that h.c.L::~/they executed
the same In hi:./hièr/their authorized
capacity(ies). and that by h~r/their
signatures( s) on the instrument the person( s).
or the entity upon behalf of which the
person( s) acted. executed the instrument.
WIT!\ESS my hand and official seal.
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OPTIONAL INFORMATION
rill' rl]llJrJ1;llíOI1 be'I,)\\ í, l1ot required by I~I\\. Howcver, it could prcvcnt fraudulent attachmcnt of thi, acknowl,
,.'li!211h'I]J [() ;11] ulJautlllJrí/cd doCllIlll'nL
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
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DESCRIPTION OF ATTACHED DOCUMENT
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DATE OF DOC I 1-,1E:"T
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