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2008-563751 s A DOG # 2008-0563751 RECORDING REQUESTED BY: OCT 28, 2008 4:05 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE CITY OF ENCINITAS GREGORYJ SMITH, COUNT`( RECORDER FEES 000 j WHEN RECORDED MAIL TO: oc NA PAGES: 5 pp nn pp CITY CLERK II~~III~III~IIII~I~I~IIII~~III~III~III~IIIINIIIII~II~IIIYIII~~~II~~II~~I CITY OF ENCINITAS 505 SOUTH VULCAN AVENUE ) ENCINITAS CA 92024 1 For the benefit of the City of Encinitas ASSESSOR'S PARCEL NO. 261-053-30 GRANT OF EASEMENT FOR RECREATIONAL TRAILS yly DOCUMENTARY TRANSFER TAX STUART MACPHERSON DDS AS TRUSTEE OF THE STUART MACPHERSON REVOCABLE TRUST CREATED ON OCTOBER 11, 1999, ("OWNER", hereinafter) is the owner of real property described as follows: LOT 6, IN BLOCK 16 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298 RECORDED NOVEMBER 14, 1910. For valuable consideration, OWNER hereby grants to the City of Encinitas ("CITY" hereinafter), (for the benefit of CITY), easements across PROPERTY located as described and depicted in Exhibits "A" and "B", respectively, 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 eitl x part y is required to ific costs to enforce the provisions of this easement, the prevailing y shall e titled to 11 reimbursement of all costs, including reasonable attorney's f from t o er arty Owner : Date: O S UART MACPHERSON, DDS TRUSTEE OF THE STUART MACPHERSON REVOCABLE TRUST CREATED ON OCTOBER 11, 1999. Notarial Certificate Attached Date Jel /e 8 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. r DATE: /L 7 - c-f1 BY: { Peter Cota-Robles Director of Engineering Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c:f-.K'-cC.ct'.~1.2~"ef-.CS K`"{'- .GS n- .C~.c~~-C~".cl^-c`~'.r~A.M.c`~'.G~".GKXdFVr'.(`CXh.W'.'.f`C'.cK,c`Q'.fY'~Y`~.^•F+X~<K>yt''e~ State of California County of 5,+io Ip On 7. before me, ~i( 4, i ~ da7_0 /YDTi42c~ ~~IG , Dale L / ere InsertName and Title of the Otteer personally appeared J54ua r I fl~A e o I J S Neme(s) oP ign s) who proved to me on the basis of satisfactory evidence to be the person(%) whose name(;d) is/aI subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/#e64hetr authorized OFFICIAL SEAL capacity(ies), and that by his/herAfilmsignature(a) on the JOYE DAWN CATO a instrument the person(8), or the entity upon behalf of c~+ 91MUY NO TARY PUBLIC-CAUFDRNIA which the person!O acted, executed the instrument. COMM. NO. 1789146 EGO UNTY SAN DI s CDMM.E%P~~12 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offic' I seal. Signature Place Notary Seal Above 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 f L n { ~o/-OS3 -3G Title or Type of Document:lJ,e.tw r ` aSQ.yt 7 f-a/ ah,an Yat/S /znl -2 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 7 Individual J Individual F1 Corporate Officer-Title(s): J Corporate Officer-Title(s): J Partner - J Limited C General _ 1 Partner - F1 Limited C General J Attorney in Fact Trustee Attorney in Fact F1 Trustee Top oft umb here Top of thumb here r J Guardian or Conservator Guardian or Conservator Other: -1 Other: (Signer Is Representing: Signer Is Representing: ©200]National Notary Association •9350 De Soto Ave .,P.O. BOx 2402•Chatswotlh,CA 9 1 31 3-2 402•www.NationalNOtaryorg Item #5907 Reorder: Call Toll-Free 1-800-3]6-682] EXHIBIT "A" LEGAL DESCRIPTION APN: 261-053-30 VESTING: STUART MACPHERSON, DDS AS TRUSTEE OF THE STUART MACPHERSON REVOCABLE TRUST CREATED ON OCTOBER 11, 1999 THAT PORTION OF LOT 6, IN BLOCK 16 OF CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298 RECORDED NOVEMBER 14, 1910 COMMENCING AT THE NORTHWEST CORNER OF LOT 5 OF BLOCK 16 OF SAID MAP; THENCE ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 5 OF BLOCK 16 NORTH 30°39'13" WEST 20.94 FEET (RECORD NORTH 31 °10' WEST PER SAID MAP 1298) THENCE NORTH 54°29'37" EAST 41.51 FEET TO THE NORTHERLY LINE OF LOT 6 OF BLOCK 16 OF SAID MAP BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE NORTH 55°30'36" EAST 8.65 FEET TO THE EASTERLY LINE OF SAID LOT 6; THENCE ALONG SAID EASTERLY LINE NORTH 30°39'13" WEST 5.25 FEET TO SAID NORTHERLY LINE OF SAID LOT 6; THENCE LEAVING SAID EASTERLY LINE, ALONG SAID NORTHERLY LINE SOUTH 25°20'47" WEST 10.42 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 23 SQUARE FEET MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. z~/ ICHAEL SCHLUMPBERGER, PLS 7790 ~D lkp,ND SUq` DARE U rP~ ~r ~c Exp. (l(yiTJ N> No. 7790 OF CA~-~F C:V.andprojects 200610509-0118-06 Encinitas Lone Jack & Norfolk Tralts2V)000MENTSWORFOLK 261-053-30.doc - 1- EXHIBIT "B" - - MANCHESTER AVENUE \ \s \ 9°J`Fes N 57'46'45" E LOT 8 9.17' \ y A=90'11'42" \R=216 .03' 261-053-31 - 5.23' . - s OT 7 ~s EXIST. PRIVATE ESMT. FOR GAS REC. 8-31-1978 AS 0, F/P 78-373982 ~ N 55'30'36" E ~ O 11.22' 5 30'3913 E \ JL O-CK ~J N 55'30'36" E 8.65' \ LOT Z \ OA \ 261-053-30 LOT 6 SCALE 1"=20' m p=11'23'45" R=145.21' in L=28.88' DENOTES AREA OF \ JVJAP 12JB EASEMENT. 449 SQUARE FEET MORE OR LESS \ 2094, DENOTES AREA OF STREET N 303813" W VACATION, 474 SQUARE 3110 W FEET MORE OR LESS \M AP 1298) OA EXIST. PRIVATE ESMT. FOR WATER MAIN REC. 8-31-1978 AS F/P 78-373981 & REC. 12-19-1978 AS F/P 78-544430 CITY OF ENCINITAS NOTE: ALL DIMENSIONS SHOWN HEREON ARE EASEMENT PLAT COMPILED FROM RECORD DATA. Right-Of-Way Engineering Services, Inc. Land Surveying VESTING: STUART S. MAC PHERSON DDS, INC. 4167 Avenida de la Plata Ste. 114 • Oceanside. CA 92056 EMPLOYEE BENEFIT TRUST (760) 732-1366 FAX (760) 732-1367 Drawing file name: Norfolk Easement Plot.dwg DATE: AUGUST 8. 2008 SHEET 1 OF 1 MONO 1