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DOC # 2008-0457984
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RECORDING REQUESTED BY AND,
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
AUG 26, 2008
3:53 PM
o FFI CtAL FJ E co Fi D S
~;,I>,N DIEC.lO DJUNT'r' RECORDER'~:; OFFICE
CiRECiOR\',J '3MtTH CDUNT'r'RECOFiDER
FEES 0.00
OC N,I>,
PAGES: 7
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OfJC1\1C' C1UVYC' I>> IVI I t::\"VI VC'I >> U>>C'
A.P.N.: 264-222-24-00 j
PROJECT NO.: 563-G
GRANT OF EASEMENT
FOR PUBLIC RECREATIONAL TRAIL
JOCUMENTARV TRANSFER TAX' tJ
THOMAS A. HUNT AND JOANNE M. BERG. HUSBAND AND WIFE. AS JOINT
TENANTS.
("OWNER", hereinafter) is the owner of real property described in Exhibit "An which is
attached hereto and made a part hereof ("PROPERTY" hereinafter).
A. 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 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.
Dated this l --, day of Oc-l
,2007.
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Thomas A. Hunt
Owner
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 for Recreational
Trails, accepts the easement granted thereon, and consents to the recordation thereof
by its duly authorized officer.
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Peter Cota-Robles
Director of Engineering Services
City of Encinitas
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Prod. No. 5907
Reorder: Call TolI~Free 1-800~876-6827
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOllOWS:
Name of the Notary:
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Commission Number: ./%q.-59~
Date Commission Expires: C.J// Z~/!Z)//
County where Bond is Filed:
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Manufacturer j Vendor Number:
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Place of Execution: ~ /~~f5
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Signature:
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4/94
Reo. Form #R 10
EXHIBIT "A"
LEGAL DESCRIPTION
TRAIL EASEMENT
A STRIP OF LAND, 10.00 FOOT IN WIDTH, LYING WITHIN PARCEL 1 OF PARCEL MAP
8251, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 4,1979, BEING 5.00 FEET,
MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE
ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 87026'41" EAST (RECORD
NORTH 86055'33" EAST), 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 01022'05" WEST, 449.58 FEET TO THE
BEGINNING OF A TANGENT 19.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 6.41 FEET THROUGH A CENTRAL
ANGLE OF 19020'40"; THENCE NORTH 1r59'01" EAST, 43.06 FEET TO THE BEGINNING
OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 8.55 FEET THROUGH A CENTRAL
ANGLE OF 19035'58"; THENCE NORTH 01037'23" WEST, 96.60 FEET TO THE BEGINNING
OF A TANGENT 35.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 20.49 FEET THROUGH A CENTRAL
ANGLE OF 33032'06"; THENCE NORTH 31054'42" EAST, 29.78 FEET TO THE BEGINNING
OF A TANGENT 15.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 8.78 FEET THROUGH A CENTRAL
ANGLE OF 33031'54"; THENCE NORTH 01037'12" WEST, 34.86 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1 WHICH BEARS NORTH 8r18'30 EAST 48.78 FEET
FROM THE NORTHWEST CORNER OF SAID PARCEL AND THE POINT OF TERMINATION.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS
TO TERMINATE ON SAID NORTHERLY AND SOUTHERLY LINES OF SAID PARCEL 1.
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EXHIBIT "B"
TRAIL EASEMEjNT PI1,!o47'42"EL _ _
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LINE TABLE I-DUSTY 8S.00' TRAIL
BEARING LENGTH 1
N8T26'41"E S.OO' I
N1 TS9'01"E 43.06' _
N01037'23"W 96.60' I
N310S4' 42"E 29.78'
N01037'12"W 34.86' I
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CURVE
DELTA
19020' 40"
1903S'S8"
33"32'06"
33"31'S4"
LENGTH
6.41'
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20.49'
8.78'
TABLE
RADIUS
19.00'
25.00'
35.00'
15.00'
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.
[I] 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.
[] EXIST. OMWD PIPELINE ESMT. REC'D. 11/13/78 AS INST.
#78-489984 OF O.R.
m EXIST. OMWD PIPELINE ESMT. REC'D. 11/13/78 AS INST.
#78-489992 OF O.R.
[I] EXIST. ROAD AND UTILITY ESMT. TO GEOFFREY B. DANIELS, ET
Al REC'D. 3/2/83 AS INST. #83-066455 OF O.R.
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SCALE: 1" = 80'
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o 80 160
h.~ ~ ~ ~ INDICATES TRAIL EASEMENT
(AREA = 6,981.10 SQ. FT.)
( ) INDICATES RECORD PER PM 8251
~ SAN DIEGUITO ENGINEERING. INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA. 92024
PHONE: (760) 753-5525
CIVIL ENGINEERING · PLANNING
LAND SURVEYING
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Date Here Insert Name and Title 0 the Officer
personally appeared P e fer to#- - P-P 10 lot' j
Name(s) ot Signer(s)
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State of California
County of
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who proved to me on the basis of satisfactory evidence to
be the person~ whose name(/> is/cle subscribed to the
within instrument and acknowledged to me that
he/s~/t~y executed the same in his/her/their authorized
capacity(iei), and that by his/h~r/thj!lr signature~) on the
instrumen{ the person(~, or the entity upon behalf of
which the person(~) 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.
(Il'<-dke~ L/C~
Signature of Notary Public
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Signature
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: fJy ;tin f uJ- ~~
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Document Date:
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Number of Pages:
Signer(s) Other Than Named Above:
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Signer's Name:
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RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
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Signer Is 8epresentina.. "
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