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DOC # 2006-089861 0
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RECORDiNG REQUESTED BY:
CITY OF ENCINIT AS
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WHEN RECORDED MAIL TO:
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CITY CLERK
CITY OF ENCINITAS
505 SOUTH VULCAN A VENUE
ENCINIT AS, CA 92024
For the benefit of the City of Encinitas
ASSESSOR'S FILE NUMBER 76-043493
PROJECT NO. Parks & Rec.
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
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c;ocur'v~t:~lTi\R\{
Keith Johnson and Deanne Johnson, husband and wife as joint tenants ("OWNER",
hereinafter) are the owners of the following described property in the City of Encinitas,
County of San Diego, State of California: Parcel 4 of Parcel Map No. 4460, filed in the
Office of the County Recorder of San Diego County, February 13, 1976, being a portion
of lot 7 of the subdivision of Rancho Las Encinitas, in the County of San Diego, State of
California, according to the Map thereof No. 848, filed in the Office ofthe County
Recorder of San Diego County, June 27 1898.
For valuable consideration, OWNER hereby grants to the City of Encinitas ("CITY"
hereinafter), (for the benefit of the CITY), an easement over PROPERTY located as
described in Exhibit "A" and "B", which are attached hereto and 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 vehicles. However, no
motorcycles or other motor vehicles shan be permitted on the trails with the exception of
emergency and maintenance vehicles.
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.
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:
I) 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 Parks and Recreation.
3) The grade of any driveway which crosses the easement must match the grade
of the trail on both sides.
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.
This easement shall run with the land and be binding upon and inure to the benefit of
the encumbrances, successors, heirs, personal representative, transferees and assigns
of the respective parties.
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.
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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
tor Recreational Trails, accepts the easement granted thereon, and consents to the
::o~:ati:~h~;:~:lY authorize~:fficerf/;L (1. aL-
Peter Cota-Robles, PE
Director of Engineering Services
EXHIBIT A
Legal Description for Recreational Trail Easement
An easement for a recreational trail in a 58 foot width
Northeast of the Southwesterly boundary of Parcel 4 of
Parcel Map 4460, County of San Diego, State of California,
filed in the Office of the County Recorder of San Diego
County, February 13, 1976, being a portion of lot 7 of the
Subdivision of Rancho Las Encinitas,_ in the County of San
Diego, State of California, according to the Map thereof
No. 848, filed in the Office of the County Recorder of San
Diego County, June 27, 1898. The Southwesterly boundary of
said Parcel 4 is more particularly described as follows:
Beginning at the Northwest corner of said Lot 7; thence
along the Northerly line of said Lot 7, North 860 59'51"
East 1278.11 feet to the Northeast corner of the W-1/2 of
said Lot 7; thence along the Easterly line of said W-1/2,
South 20 08'56" East 1936.75 feet; thence North 860 55'53"
East 176.65 feet to the TRUE POINT OF BEGINNING; the
northwest corner of said Parcel 4 of Parcel Map 4460;
thence South 290 49'00" East 61.92 feet to the beginning of
a tangent 300 foot radius curve concave Northeasterly;
thence Southeasterly along the arc of said curve through a
central angle of 210 26'02" a distance of 112.23; thence
tangent to said curve South 510 15'02" East 263.88 feet to
the beginning of a tangent 225 foot radius curve concave
Northeasterly; thence Southeasterly along the arc of said
curve through a central angle of 410 49'05" a distance of
164.22 feet to a point on the East line of the land
described in deed to Charles A. Matley and Steven P. Krishe
recorded March 16, 1972 as File/Page 62562, Book 1972 of
official records.
The sidelines of the
be lengthened
Northerly and
4460.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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, County of ~tJ D~,- 8e:) 55. . I,:
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Date Name and Title of Officer (e,g" "Jane Doe, Notary Public") "
personally appeared K C/TH {} (il-u:;;( tJ!/I N Jt) tC ;;;-, \7ZH!A.)5c) AJ " Ii
Name(s) of Signer(s) i
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ELproved to me on the basis of satisfactory ,I
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to be the person(s) whose name(s) i~are=;
subscribed to the within instr.YIQent and ',I
acknowledged to me that he/ ",ex"ilxecuted )
the same in his/he Ithei(T author~ ~'.,'~I
capacity(ies). and that by his/he~hei~)
signature(s) on the instrument the person(s);orl
the entity upon behalf of which the person(s) ~
acted, executed the instrument. ~
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Place Notary Seal Above
Si ature of Notary Public
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OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
@ 1997 National Notary Association' 9350 De Soto Ave" P,O, Box 2402' Chatsworth, CA 91313-2402
Prod, No, 5907
Reorder: Call Toll-Free 1-800-876-6827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego }
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On (':L/ I t.() / D G- , before me, Randa G. Milliour. Notary Public, personally
appeared Peter Cota-Robles, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
VYJJ~S my hand ~nd .offi:ial seal.
Ct '- [del. C', ) It L{(~UL
Randa G. Milljour '
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~.RANOA G.MILLJOUR
fI) Commission '1389205 1<
~ Notll')' PublIc . Califomll
L San Diego County
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Place Notary Seal Above
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the docu-
ment and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer- Title(s)
o Partner-o Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
oOther:
Top of thumb here
Signer is Representing:
........................................................................................................