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DOC # 2008-0457995
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RECORDING REQUESTED BY:
CITY OF ENCINIT AS
AUG 26, 2008 3:56 PM
o FFI C1.ll,L R E co R D ~:;
~:;,ll,N DIEGO COUNT'( RECClFIDEF:'~; OFFICE
GF:EGOF:'(' J '3MITH. COUrH'r' RECORDEFi
FEE':; 000
oe N,ll,
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ENCINIT AS
505 SOUTH VULCAN AVENUE
ENCINIT AS. CA 92024
For the benefit of the City of Encinitas
APN.: 264-222-36 I
PAGES: 6
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PROJECT NO.: 563-G
GRANT OF EASEMENT
DOCUMENTARY TRANSFER TAX $ cJ FOR RECREATIONAL TRAILS
A. Thomas and Joan Stafslien Family Trust dated June 17.1997. ("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 shaJl 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.
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.
~~~
Thomas Allan Stafslien
Owner/Trustee
-z 1 JJo t/ 07
Date
9!a~k~/T7C:
oan Brinkmann Stafslien
Owner/Trustee
J!IJ v~ ~7! ';;'Oc7
Date
Signature of Owner/Trustee 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.
~()ll2t- 9/1-:t1op,
Peter Cota-Robles Date '
Director of Engineering Services
,.
EXHIBIT "A"
LEGAL DESCRIPTION
TRAIL EASEMENT
A STRIP OF LAND, 10.00 FOOT IN WIDTH, LYING WITHIN LOT 1 OF CITY OF ENCIN IT AS
TRACT NO. 91-064, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 13304, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 27,1996, BEING 5.00 FEET,
MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE ALONG
THE SOUTHERLY LINE OF SAID LOT 1 NORTH 8r21 '07" EAST 48.78 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE NORTH 01037'12"
WEST, 38.37 FEET TO AN EXISTING TRAIL, SAID POINT BEING THE POINT OF
TERMINATION.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS
TO TERMINATE ON SAID SOUTHERLY LINE OF SAID LOT 1 AND ON THE NORTH ON A
LINE WHICH BEARS N88022'48"E FROM THE POINT OF TERMINATION.
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EXHIBIT "B"
TRAIL EASEMENT PLAT
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MAP 13304
LOT 1
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OJ EXIST. PUBLIC UTILITY ESMT TO THE SAN DIEGO GAS AND
ELECTRIC COMPANY REC'D. 11/13/75 AS INST. #75-318430
OF O.R.
m EXIST. ROAD AND UTILITY ESMT. TO GEORGE PAUL LINEHAN III
AND CONSTANCE JEAN LINEHAN REC'D. 2/3/77 AS INST.
#77-042343 OF O.R.
m EXIST. OMWD PIPELINE ESMT. REC'D. 11/13/78 AS INST.
#78-489984 OF O.R.
[I] EXIST. OMWD PIPELINE ESMT. REC'D. 11/13/78 AS INST.
#78-489992 OF O.R.
m EXIST. ROAD AND UTILITY ESMT. TO GEOFFREY B. DANIELS, ET
AL REC'D. 3/2/83 AS INST. #83-066455 OF O.R.
LINE TABLE
BEARING
N87"21'07"E
N01037'12"W
SCALE: 1" = 80'
LINE
L1
L2
LENGTH
48.78
38.37
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160
80
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SAN DIEGUITO ENGINEERING. INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA. 92024
PHONE: (760) 753-5525
CIVIL ENGINEERING · PLANNING
LAND SURVEYING
U:\ldoto\surveys\5230surv\dwg\PLATS\5230_TRAIL_ESMT_ADJ
~~ ~ ~ ~ INDICATES TRAIL EASEMENT
(AREA = 383.95 SQ. FT.)
PROPERTY.dwg 10/29/2007
SDE 5230
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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Place Notary Seal Above
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to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by 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.
WITNESS my hand and official seal.
Signature
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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: &~ e~
Document Date:
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Number of Pages: J.f ~ Q... :s
Signer(s) Other Than Named Above: lh<nv\.Q..S S ~.u:~-S l \.eAA..
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D Partner - D Limited D General
D Attorney in Fact
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RIGHT THUMBPRINT
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Signer Is Representing:
Signe,', Name: ~ ~ '
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D Corporate Officer - Title(s):
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RIGHT THUMBPRINT
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@2006 National Notary Association' 9350 De Soto Ave., PO. Box 2402. Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of <; fJvvr r:h. l!'ffP
On ~~ tl, 't010 before me,
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personally appeared le-H7"
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who proved to me on the basis of satisfactory evidence to
be the person~ whose name(,s1 is/qfe subscribed to the
within instrument and acknowlJdged to me that
he/3heill,ey executed the same in his/norJtt.u~ir authorized
capacity(ie~, and that by his/AerJti"lcir 6ignature(~ on the
instrument the person(~ or the entity upon behalf of
which the person(p1 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS my hand and official seal.
Signature K-'(r.,f~ tt t~:iv 1[J4<-f
Signature of Notary Public
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: tlY'ttt L-t" fft-
Document Date: ()AA.~ '4. 'J.-ptJV
Signer(s) Other Than Named Above:
e ~~-r ~ ~C-l~~ 11"6 /Ytd 7Y".:e
Number of Pages: 4
Capacity(ies) Claimed by Signer(s)
Signer's Name:
OCVlndividual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
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Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
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Signer Is Representing:
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Signer Is Representing:
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@2007 National Notary Association. 9350 De Soto Ave., PO. Box 2402 . Chatsworth, CA 91313-2402. www.NationaINotary.org Item #5907 Reorder; Call Toll-Free 1-800-876-6827