Loading...
2006-505258 I .' f' e DC! # 2006-0505258 IIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111 . ~. RECORDING REQUESTED BY: (3 ~~!. CITY 01' ENCINIT AS (j ~ WHEN RECORDED MAIL TO: \ ) CITY CLERK CITY OF ENCINITAS 505 SOUTH VULCAN AVENUE ENCINITAS. CA 92024 For the benefit of the City of Encinitas ) ) ) ) ) ) ) JUL 18, 2006 3:53 PM OFFICIAL RECORDS S,t.,N DIEGO COUNT']' RECORDER'S OFFICE C1REGOR'{ ,I SMITH, COLlNT'r' RECORDER FEES 0,00 DC: N,ll, PAGES 5 II~_I~IMIIIIIII~I ~ ASSESSOR'S PARCEL NO. 259-231-43 ~ l. q;~\.fJ PROJECT NO. 9332-G (CS-502) GRANT OF EASEMENT FOR RECREATIONAL TRAILS DOClJMEN1'ARVTRANfiR TAX $ CJ RICHARD PAT SINNETT AND DORIANA DEL CARMEN SINNETT. HUSBANDAND WIFE. AS JOINT TENANTS. ("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 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 of the easements. C. Pursuant to a permit issued by the CITY, private owners oflots 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. . # ~ e e 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. Owner: Richard Pat Sinnett u~o~: Dotiana Del Carment Sinnett 5 "s)t Signature of Owners to be notarized. Attach the appropriate acknowledgements. I certify on behalf ofthe City Council ofthe 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 ofthe foregoing Grant of Easement for Recreational Trails, accepts the easement granted thereon, and consents to the recordation thereof by its duly authorized officer. DATE: 11'o/0~ BY: u. 0l12L- Peter Cota-Robles Director of Engineering Services , . e e CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..... S90J State of C'Ak~o~w(0- County of S~ J);eyn On s/ls}t before me. L~~l.'.f!R.~~~!"'RIj personally appeared ~, ~ff \'fttJ"".... ~~VV\t:N' r'WIlt: , twE(SI OF SlGNEfl(S1 ~rsonallY known to me - OR - 0 proved to me on the basis of satisfactory evid~ to be the person(s) whose name(s) iSlau0 subscribed to the within instrume and ac- knowledged to me that he/: y ecuted the same in his/her t eir authorized capacity(ies), and that y his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. hhand~seaJ. ~(~ .. 1l lA~'NOrAAY ,OPTIONAL Though Ihe data below is not required by law, it may prove valuable to persons relying on 1he document and could prevent ffauduIent reattachment of this form. CAPACITY CLAIMED BY SIGNER o NlMOUAl o CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT o PARTNER(S) , o l.MTEO o GENERAl CRf>.\JLo..f Fh5efYIE"N T FeR TIn.e OR TYPE OF P9CtJMENT (<,trdRE,*"11'otv19! -rRP.j IS nnE(SI o ATTORNEY-IN-FACT o TRUSTEE(S) o Gt.IAROWUOONSERATOR o OTHER: NUM8ER OF PAGES DATE OF DOCUMENT SIGlER IS REPRESENl1NG: 1lME00ftRSONlStOA 9fII1YlIESI SIGNER(S) OTHER 1HAN NAMED ABOVE 01993 NAllONAl. NOTARY ASSOCIAl1ON. R?1G A.on...- A_ P n -.. 7UtA . r_ D...... r.. ......... -"0' .- . e e EXHIBIT" A" TRAIL EASEMENT APN 259-231-43 AN EASEMENT FOR RECREATIONAL TRAIL PUROPSES OVER, UNDER, ALONG AND ACROSS THE MOST EASTERLY 12.00 OF PARCEL 3 OF PARCEL MAP NO. 1479, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 26, 1973. /' .", ;. ~ I, !.. -a . m ~~ ~ ~ ,).. 2\1 ~~ ~~ 2: -- ~pj ~ -- 2 -- C 12.00 . I ~ ~_'tZ'l'44~~ ~ .. en ~ 2: ::: ~ ~ :\1 i ~ ~ ... q>).. ~); ~ t)l~ ~~ ~ I I~ ~ ~ ~pj ~ g & U:I - ~ /\1 -- N72 .44 '09 'l/- ~ II ~ m:>. ~~ ~U) ~ml~ ~ ~~ ~~ ijitTt ~ffi .~ifi -- ~pj Rt~ ~ & U:I ~:2: ~~~I =-; ;l ~ i ~ ~. - (;I. ~ ~ N -;