2006-505258
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DC! # 2006-0505258
IIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111
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~. RECORDING REQUESTED BY:
(3 ~~!. CITY 01' ENCINIT AS
(j ~ WHEN RECORDED MAIL TO:
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CITY CLERK
CITY OF ENCINITAS
505 SOUTH VULCAN AVENUE
ENCINITAS. CA 92024
For the benefit of the City of Encinitas
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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
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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.
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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.
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:
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Peter Cota-Robles
Director of Engineering Services
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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.
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,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'
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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.
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