2008-548768
DOC # 2008-0548768
`~T ~ ~ II I III I II IIIII II I III I II III 1111111 I I III
OCT 21, 2008 4:04 PM
t RECORDING REQUESTED BY:
OFFICIAL RECORDS
IJ~, SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF ENCINITAS GREGDRYJ. SMITH, COUNTY RECORDER
FEES 0.00
WHEN RECORDED MAIL TO: nc: NA PAGES: 6
CITY CLERK IIIIIIIIII11111111111111111IN 1111111111111111111111111
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE
ENCINITAS, CA 92024 )
For the benefit of the City of Encinitas
ASSESSOR'S PARCEL NO. 264-223-10 PROJECT NO.0249-G
q PLANNING CASE 06-149
~1 r\~ GRANT OF EASEMENT
l~q FOR RECREATIONAL TRAILS
1` C For valuable consideration,
JOHN WILLIAM ALDERSON AND CONNIE JEAN ALDERSON, TRUSTEES OF THE
ALDERSON FAMILY TRUST dated December 22 1989
("OWNER", hereinafter) hereby grants to the City of Encinitas ("CITY" hereinafter), (for the
benefit of CITY), easements across OWNER'S property located as described in Exhibit "A" and
as shown in the plat Exhibit "B", both of 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.
f
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.
Owner : C,-WA) 02.gihti~" 11 a4 Date:
JO WILLIAM ALDERSON, TRUSTEE
Owner : Date: -IL I
CONNIE JEAN ALDERSON, TRUSTEE
FOR THE ALDERSON FAMILY TRUST DATED DECEMBER 22, 1989
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.
DATE: / 410 ~ BY: / ~ .
✓ "
IV ^Yeter Cota-Robles
V'0 t City Engineer
I
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 14598, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1986, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 2;
THENCE ALONG THE SOUTHERLY LINE THEREOF SOUTH 87°28'53" WEST,
(RECORD SOUTH 86°55'54" WEST), 35.02 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID LINE, A DISTANCE
OF 10.17 FEET; THENCE LEAVING SAID LINE NORTH 35°34'36" EAST, 8.45 FEET;
THENCE NORTH 12°59'51" WEST, 18.06 FEET; THENCE NORTH 30°33'29" WEST,
35.01 FEET TO THE BEGINNING OF A TANGENT 239.54 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE 11.16 FEET THROUGH A CENTRAL ANGLE OF 02°40'12'; THENCE
NORTH 33°13'41" WEST, 165.90 FEET TO THE BEGINNING OF A TANGENT
426.81 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY
ALONG THE ARC OF SAID CURVE 160.34 FEET THROUGH A CENTRAL ANGLE
OF 21°31'28'; THENCE NORTH 11°42'13" WEST, 5.31 FEET; THENCE NORTH
25°30'56" EAST, 10.25 FEET TO THE EASTERLY LINE OF SAID PARCEL 2 AND
THE BEGINNING OF A NON-TANGENT 400.00 FOOT RADIUS CURVE CONCAVE
EASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 78°5315"
WEST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND THE ARC OF
SAID CURVE 126.75 FEET THROUGH A CENTRAL ANGLE OF 18°09'18" THENCE
SOUTH 29°16'02" EAST (RECORD NORTH 29°49'01" WEST), 75.38 FEET TO THE
BEGINNING OF A TANGENT 800.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE 125.95 FEET THROUGH A CENTRAL ANGLE OF 09°01'15" THENCE
LEAVING SAID EASTERLY LINE SOUTH 33°13'41" EAST, 8.77 FEET TO THE
BEGINNING OF A TANGENT 247.54 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE 11.54 FEET THROUGH A CENTRAL ANGLE OF 02°40'12"; THENCE
SOUTH 30°33'29" EAST, 36.25 FEET; THENCE SOUTH 12°59'51" EAST, 22.91
FEET; THENCE SOUTH 35°34'36" WEST, 5.79 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 3,025.61 SQ. FT.
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UAIdata\sur eys\5186sur letters& documents\LEGALS\5186_ALDERSON_TRAIL_ESMT_EXB-A.doc
EXHIBIT "B"
EASEMENT PLAT
LINE TABLE
LINE BEARING LENGTH
L1 587'28'53"W 10.17'
L2 N35'34'36"E 8.45'
L 5~8 53-115-W~R~ L3 N12'59'51 "W 18.06'
L4 N30'33'29"W 35.01'
L5 L5 N11*42'13"W 5.31'
r- L6 N25'30'56"E 10.25'
1 L7 S33'13'41 "E 8.77'
L8 530'33'29"E 36.25'
r p L9 S12'59'51 "E 22.91'
L10 535'34'36"W 5.79'
ao ~Q p CURVE TABLE
~rlQ o CURVE DELTA RADIUS LENGTH
p• C1 2'40'12 239.54' 11.16'
C2 2'40'12" 247.54' 11.54'
a
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6
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~A SCALE: 1" = 50'
S o'• 0 50 00
PCL 2 - PM 14598
RECORDED 12/24/1986
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INDICATES EASEMENT AREA
AREA = 3,025.61 SF
( ) INDICATES RECORD DATA PER PM 14598 <37 G
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POB
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SAN DIEGUITO ENGINEERING, INC. 35.02'
4407 MANCHESTER, SUITE 105 Ll TPOB
ENCINITAS, CA. 92024
PHONE: (760) 753-5525 ---Y- S87'28 53"W 211.89'
CIVIL ENGINEERING • PLANNING (S86°55'54"W)
LAND SURVEYING
U\Iola ta\surveys\5186surv\dwg\5166_AL DERSON_ TRAIL_ESM T.dwg 2/29/2008 SDE 5186
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On U \DY before me, N c" t
Date `Here Insert Name and Title of the Othcer '
personally appeared C~hr~ Z vQr ~ . Y
Nemeou of Signer s)
who proved to me on the basis of satisfactory evidence 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
MARY 1. CULBERT which the person(s) acted, executed the instrument.
Commission x 1734711
Notary Public California =
San Diego County 1 I certify under PENALTY OF PERJURY under the laws
WCamm.E~ires N10127. 2011 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ha d and official seal,
n !I
Place Notary Seal Above Signature Q1(ll
Signature of Notary
ary PubLc
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(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer-Title(s): ❑CorporateOfficer-Title(s):
C Partner - ❑ Limited ❑ General _ _ ❑ Partner - 7 Limited Li General _
❑ Attorney in Fact ❑ Attorney in Fact mooLca~
❑ Trustee rap of thumb Hare G Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
C200] National Notary Maoclation• 9350 De Soto Ave., P.O-Box 2402•Chalavortq CA 913132402...Nationa1NOtaryorg tern #5907 Reorder Call TollFree 1-80"75-8827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of _ .r ~ - N C \ \
On 1( Data O before me,) , „l ~c ti Q •~~~c 1
Date Here nsert Name antl Title of [he Onmer
personally appeared
Name(s) of Sgner(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
14160l VV he/she/they executed the same in his/her/their authorized
MARY L0 Cul9ERT capacity(ies), and that by his/her/their signature(s) on the
Commission x 174711 instrument the person(s), or the entity upon behalf of
Notary PubfIC • California
which the person(s) acted, executed the instrument.
San Diego County
WCamrt6nM~M:27,2011
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS mypanr and official seal.
Place Notary Seal Above Signature Qi 7$>< P6~
~-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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer-Title(s): ❑CorporateOfficer-Title(s):
G Partner - I J Limited ❑ General _ ❑ Partner - ❑ Limited ❑ General _
❑ Attorney in Fact J Attorney in Fact
J Trustee Tap of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 be Soto Ave, PO.Bnx 2402-Chatsmoh, CA 91313-2402•arv Nationallvotaryom Item #5907 Reorder. Call TollFree 1-800-8]6-682]