2001-833297~-CORDED AT TMr- RIEQUEm~
C./rll CAC-,O TITLE
RECORDING REQUESTED BY:
CITY OF ENCINITAS
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ENCINITAS
505 SOUTH VULCAN AVENUE
ENCINITAS, CA 92024
For the benefit of the City of Encinitas
oossso DOC g 00!-0855297
NOb' 15, ~'..OGJ~_ ].. r 2.0 F'~i
OFFICIAL
SAN DIEGO COUNTY RECORDER'S OF'F?~:-
GREGORY J. SMITH, ~OUNTY RECORDER
FLYS: 030
OC:
Ill I Illlill i Iilii il IIIII II
2001-08SS~g7
ASSESSOR'S PARCEL NO. 264-4~.~-
PROJECT NO.~
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
/'
A. ADAMS RUN, L.P.
("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} mn, 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 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.
00855
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'fxom the negligence or intentional act of CITY.
E. This easement shall nm 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 pmvisions of this easement, the
prevailing party shall be entitled to full reimbursement of alt costs, includine-~reasonable
attorney's fees, from the other party.
Dated, // /C/_- Owner J
't enotanzed ~~
Signature of Owners o b ' ' /
Attach the appropriate acknowledgements.
I certify on behalf of the City Council of the City of Encinitas, pursuant to amhority
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.
Leroy C. Bodas
Director of Engineering Services
· . =ALIFORNIA ALI-'PURPOSE~AcKNowLEDGMENT )08SSa
wITNESS my hand m'~d official seM.
Description of Attached Document
'fitlemTypeof Document: (~'~f(l,~- o~
Document D~,te: 1 [ - ~ ~ ~.2 O0 }
Signer(s) Other Than Named Above: L.~JC
Capacity(les) Claimed by Signer(s)
Signer's Name: .,,
FI Individual
~ Coqx~-ate Officer
l'~e(.):
0 Partner-- t:) Limited ~General
E] Attorney-in-Fact
[] Trustee
O Guarc~an or Conservator
[] O~er:
T~ o! ~h~nb hate
Number of Pages:
Signer's Name:
[] Corporate Officer
'fi,e(s):
0 Partner -- [] Umit~d [] General
0 Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
00then
Signer Is Representing:
EXHIBIT "A"
RECREATIONAL TRAIL EASEMENT
AN EASEMENT FOR RECREATIONAL TRAIL EASEMENT PURPOSES OVER,
UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 3 OF PARCEL MAP
NO. 18712 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED MAY 25,2001 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS.
BEGINNING AT THE CENTERLINE INTERSECTION OF FORTUNA RANCH
. ROAD AND ADAMS.RUN AS SHOWN ON SAID PAR4~EL MAP NO.-.18712;
THENCE ALONG THE CENTERLINE OF SAID ADAMS RUN N57*50'28"W 30.00
FEET TO THE NORTHWESTERLY RIGHT OF WAY OF SAID FORTUNA RANCH
ROAD; THENCE ALONG SAID RIGHT OF WAY N32°09'32"E 35.36 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF
WAY N32° 09'32"E 21.04 FEET; THENCE N01 °,¢0'44"E 1.12 FEET; THENCE
N57o50'2g"W 48.72 FEET TO THE BEGINNING OF A 32.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY; THENCE WESTERLY 22.16 FEET ALONG THE
ARC OF SAID CUP, VE THROUGH A CENTRAL ANGLE OF 39°40'40'; THENCE
S82°28'52"W 16.25 FEET TO THE BEGINNING OF A 28.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE WESTERLY 26.39 FEET ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54~00'00' TO A POINT ON
THE NORTHEASTERLY SIDELINE OF THAT RECRETATION TRAIL EASEMENT
AS DEDICATED TO THE CITY OF ENCiNITAS ON SAID PARCEL MAP 18712;
THENCE RADIALLY TO SAID CURVE S~s6°28'52"w 12.00 FEET TO A POINT ON
THE NORTHEASTERLY RIGHT OF WAY OF SAID ADAMS RUN. SAID POINT
BEING THE POINT OF CUSP OF A TANGENT 40.00 FOOT RADIUS CURVE
CONCAVE NORTHERLY; THENCE EASTERLY 37,70 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 54°00'00''; THENCE
Ng2°28'52"E 16.25 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY; THENCE EASTERLY 13.85 FEET ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 39°40'40"; THENCE
S57°50'28"E 39.29 FEET TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE SOUTHERLY 15.71 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9&00'00' TO THE
TRUE POINT OF BEGINNING.
008554
~~~ / / / ~ / ~ EASE~NT
- ~ L ~ % PARCEL 3
PARCEL 3 ,
....... .......... / ......... ~_~%.;~,-¢._; ......
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PARCEL 4
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FORTUNA RANCH ROAD-
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