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2004-876830 / 8 f,X RECORDING REQUESTED BY: ) ) \ (i' r 1,1' CITY OF ENCINIT AS ) (Iv ^ ) / '1' i 1\ 1'/ WHEN RECORDED MAIL TO: ) tJr ) 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 \ 111\\\11111 \\1\1 11111 111\1 11111 11111 I1111 1111111111 11111 1IIII 1111 111\ SEP 15, 2004 10:26 AM nFFWIÞ,L RECORD::, C,è.JJ DIŒD i::OUt'HI' F:ECOHDE:.FI"~' ~]FFICE ;:,FIECiClF:',' J. ':;t',,1ITH COUNT',' F,EUJF,['ER FEES CJ üü [lC t'Jè., FÞf, E ':1 \1~~~I~~~~~~III~1 264-091-46 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. \ ,..'" I' 8 8 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 b ~ ,'- öf O,wn~ 'i) (JL t q¡-~lee ~+- - ~ ~~t- ¿ð1:Ið ~~~~:~~ 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. '\ \ '/.., DATE: " BY: '. j l ' Peter Cota-Robles Director of Engineering Services " , '~y I .1 ',' , 8 8 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 ""~7 ,1,1 l' .i f 8 8 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 7: ;- 8 EXHIB IT "B " 8 EASEMENT PLAT -J '. N I"- to 0) '<t W to II) ..q- n b C1 a z TPOB $}j~1~' à~ é¿'/ I :Ji-_.J5"iJ:::-~ -/ ;:èi/ - 6ZT- - 71~75' .... / n _rr~çf.Q: .. ~ I ~ ¡, L~~~lk " I ~1$-~J' POB S I~lt '~.?'Sl" /1'07'3 147 6') ~~~~" 0'£ 47' <' ..()~>, 0.47' . ~I 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 C1 CURVE TABLE DELTA LENGTH 0'43'44" 1.34 RADIUS 105.00 I 0 SCALE: ," = 30' 30 60 ~ SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE' 05 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING. PLANNING LAND SURVEYING [ill]] INDICATES EASEMENT AREA g¡ U:'\ldo. to: '\surveys'\4545surv\dwg'\F'LA TS\A545 _LDT23_DFFSITE- TRAIL.dwg 10/27/2003 SDE 454 8 ALL-PURPOSE ACKNOWLEDGMENT State of California County of S--~V\ '1) I e-q CJ On ~.)5ùs+ V 2-DoY before me, .. (DATE) \. personally appeared 1:::>ð-r r -=:J D. 0 personally known to me - OR - l... B" . "K Ñ. c'OLlINS "'"( - Comm. # 1362409 '" U} NOTARY PUBLIC. CALIFORNIA VI San Diego County : 1. !~;,-~.o~~~~fe,1 June 25, 2006 t 8 }ss K. N. C.Q) 1\"\ (ì~ ^ , (NOTARY) ex V ú-r- -\- SIGNER(S) rn proved to me on the basis of satisfactory evidence to be the person(~) whose name(s) is/are subscribed to the within instrument and acknowledged to me th~/they executed the same i~r authorized capacity(ief;), and that by@b-e-r/t-h-eir signature$-) on the instrument the person(..&j, or the entity upon behalf of which the person(-s-j acted, executed the instrument. WITNESS my hand and official seal. ~.f\ ,ç~~~;- 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) 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT lSl TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(!ES) APA 5/99 DESCRIPTION OF ATTACHED DOCUMENT (, (lL/\ -\-- O+- £c,-Sl'.rr"E" í\ -4- +e-í Kef" rea-\1. \y\CJ2_----trcu ) ~ TITLE OR TYPE OF DOCUMENT :5 NUMBER OF PAGES .~c J~+ c.-=>IL()Ó~ :J DATE OF DOtUMENT OTHER RIGHT THUMBPRINT OF SIGNER '" '" .r= '£ c. .D E " £ Õ g VALLEY-SIERRA. ROO-362-3369 . . 8 e ALL-PURPOSE ACKNOWLEDGMENT State of California ~R- n t~i..eq \:) }ss k- V\.> lÐ \ \t YìS (NOTARY) 1\ . Q LlG.n SIGNER(S) County of On /"\-vC(\.i5> +- Co ~OO L 1 before me, -..~ (DATE) I personally appeared +<.. ~ S-t; ....,~ D personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(-5-) whose name(s~ is/are subscribed to the within instrument and acknowledged to me that ~§'/Ùl-ey executed the same in m~ authorized capacity(i-e-s-), and that by l1-i-&@/t~ signatures(-&}on the instrument the person(s.}, or the entity upon behalf of which the person(-sj- acted, executed the instrument. l.' "':' 'K. N. C'OLUÑS ..u( - Comm. # 1362409 '" U}. . NOTARY PUBLIC. CALIFORNIA !! San Diego County ... 1 MyComrrExpiresJune25.2006 t WITNESS my hand and official seal. n ~t\..-;? 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) L~ t:,..J\. \- & E..c<.YO1("(\-\- ,.(V / 1?et- fc'/T-\n\NV TITLE OR TYPE OF DOCUMENT -" \ -'.., \ -{ Cl I ./ D PARTNER(S) D ATTORNEY-IN-FACT ~' D S NUMBER OF PAGES TRUSTEE(S) G UARDIAN/CONSERV ATOR OTHER: %. "c \.Ì S. --\- lc 'Lon L~ -'-bATE OF DocdMENT OTHER RIGHT THUMBPRINT OF SIGNER ¡¡- I~ If I~ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) APA VN VI\LLEY-SIERRA. ROO.361.3369