2004-876830
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f,X RECORDING REQUESTED BY: )
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CITY CLERK )
CITY OF ENCINIT AS )
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024 )
For the benefit of the City of Encinitas
ASSESSOR'S PARCEL NO.
PROJECT NO.
00.# 2004-0876830
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SEP 15, 2004 10:26 AM
nFFWIÞ,L RECORD::,
C,è.JJ DIŒD i::OUt'HI' F:ECOHDE:.FI"~' ~]FFICE
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264-091-46
00-186 TMlMUP/DR/EIA
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A.
Barry D. Quart and Kristine A. Quart, as Trustees of the Quart Family Trust
dated March 1, 2000
("OWNER", hereinafter) is the owner of real property describèd 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 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.
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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
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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.
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DATE:
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BY:
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Peter Cota-Robles
Director of Engineering Services
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EXHIBIT "A"
LEGAL DESCRIPTION
PROPERTY
LOT 23 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.
TOGETHER WITH THOSE PORTIONS OF WILDFLOWER DRNE ADJACENT
THERETO VACATED BY CITY OF ENCINITAS RESOLUTION NO. 94-13,
RECORDED MARCH 11, 1994 AS FILE NO. 1994-061993.
July 7,2004
S:\4545surv\LEGALS\4545 EXHIBIT A TRAIL LOT23.doc
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EXHIBIT "B"
LEGAL DESCRIPTION
PEDESTRIAN AND EQUESTRIAN TRAIL
A STRIP OF LAND, 10.00 FEET IN WIDTH, LYING WITHIN LOT 23 OF CITY OF
ENCINITAS TRACT NO. 88-183, IN THE CITY OF ENCINlTAS, 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 SOUTHWESTERLY CORNER OF SAID LOT 23 THENCE ALONG
THE WESTERLY LINE THEREOF NORTH 00°34'56" EAST, 30.93 FEET TO THE TRUE
POINT OF BEGINNING; SAID POINT ALSO BEING ON THE ARC OF A 105.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT
BEARS NORTH 16°02'41" EAST; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE 1.34 FEET THROUGH A CENTRAL ANGLE OF 00°43'44"; THENCE SOUTH
73°13'35" EAST, 34.67 FEET TO THE BEGINNING OF A TANGENT 205.00 FEET
RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE 53.73 FEET THROUGH A CENTRAL ANGLE OF 15°00'58";
THENCE SOUTH 58°12'37" EAST, 6.83 FEET TO THE BEGINNING OF A TANGENT
205.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 48.00 FEET THROUGH A
CENTRAL ANGLE OF 13°24'53"; THENCE SOUTH 44°47'44" EAST, 18.14 FEET TO THE
SOUTHERLY LINE OF SAID LOT 23.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED SO AS TO
TERMINATE WESTERLY ON SAID WESTERLY LINE OF LOT 23 AND SOUTHERLY
ON SAID SOUTHERLY LINE OF LOT 23 .
OCTOBER 27, 2003
S:\4545surv\LEGALS\4545 EXHIBIT B TRAIL LOT23.DOC
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LOT 23
MAP NO. 12882
LINE TABLE
LINE LENGTH BEARING
L1 6.83. S58.12'37'E
L2 18.14 S44.47'44'E
CURVE
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DELTA LENGTH
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RADIUS
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SAN DIEGUITO ENGINEERING, INC.
4407 MANCHESTER, SUITE' 05
ENCINITAS, CA. 92024
PHONE: (760) 753-5525
CIVIL ENGINEERING. PLANNING
LAND SURVEYING
[ill]] INDICATES EASEMENT AREA
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ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S--~V\ '1) I e-q CJ
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San Diego County :
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WITNESS my hand and official seal.
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OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
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0 CORPORATE OFFICER
TITLE(S)
0 PARTNER(S)
0 ATTORNEY-IN-FACT
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SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(!ES)
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acknowledged to me that ~§'/Ùl-ey executed
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signatures(-&}on the instrument the person(s.},
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l.' "':' 'K. N. C'OLUÑS ..u(
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San Diego County ...
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WITNESS my hand and official seal.
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NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE(S)
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