2008-563752
DO # 2008-0563752
'II I I I II II II I I II I I I I III III I I I II
RECORDING REQUESTED BY: OCT 28, 2008 4:05 PM
OFFICIAL RECORDS
CITY OF ENCINITAS SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ. SMITH, COUNTY RECORDER
FEES, 0.00
WHEN RECORDED MAIL TO: OC NA PAGES: 5
CITY CLERK
CITY OF ENCINITAS ~~~~~~~hllI111111I111111IIIIIIIh111hill 11111h111111111111h111111111111lll
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024 )
For the benefit of the City of Encinitas
ASSESSOR'S PARCEL NO. 261-053-31
\~G GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
~l fnC f ItAC N7ARY TRAN4FFR TAX
STUART MACPHERSON, DDS INC EMPLOYEE BENEFIT TRUST ("OWNER",
hereinafter) is the owner of real property described as follows:
LOTS 7 AND 8, 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 eit e party is req 'red to ' ur costs to enforce the provisions of this easement, the
prevailing y shall e ntitled o ull reimbursement of all costs, including reasonable
attorney's f s, from t o er arty
Owner : C Date: 1016106
START MACPHERSON, DDS, INC.
EMPLOYEE BENEFIT TRUST
ached
Natadai Ce n22"
Date
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:. 7 BY:
Peter Cota-Robles
Director of Engineering Services
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of 57An/~1. e :~Fro J} /
On ii 8 before me, ~/o~ ~J4~i✓ l Td /VOTAe2 y You d/ir
ate II L f Here Insert Na and Title of the Mee
personally appeared STt.rn✓ I ~aG 7h r -son . _DDS
Name(s) of Slgnegs)
who proved to me on the basis of satisfactory evidence to
be the person($) whose name(g) is/are subscribed to the
within instrument and acknowledged to me that
he/4ietthey executed the same in his/iherAheir authorized
capacity(ies), and that by hislHerttheir signature(,g) on the
miry instrument the person(a), or the entity upon behalf of
OFFICIAL SEAL [ which the person(a) acted, executed the instrument.
JOVE DAWN CATO
NOTARY PUBUC-CAUFORNIA
COMM. NO. 1789146 I certify under PENALTY OF PERJURY under the laws
SAN DIEGO COUNTY
WPPJ .l hl. t2 of the State of California that the foregoing paragraph is
MYCOMM. E X. A. 18 2012
true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document ( /l ,QecL~
5;'3I
Title or Type of Document: l7Ycr n ~ of 452.NQ.n ciet4c lone/ Tr-A, 1,$'Z(o
Document Date:4Jrl. tro ~00g Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
L Individual L Individual
L Corporate Officer-Title(s): LJ Corporate Officer-Title(s):
LJ Partner-1- Limited L General LJ Partner Limited ❑ General _
LJ Attorney in Fact L Attorney in Fact
1 Trustee Top of thumb here I Trustee Tap or thumb here
LJ Guardian or Conservator L Guardian or Conservator
C Other: O / L Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Aacceiatiom 9350 be Solo Ave., PO.Box 2402•Chatsworth, CA 91313-2402-w w. NationalNateri Item #5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 261-053-31
VESTING: STUART S. MAC PHERSON DDS, INC. EMPLOYEE BENEFIT TRUST
THAT PORTION OF LOTS 7 AND 8 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;
THENCE LEAVING SAID NORTHERLY LINE NORTH 55°30'36" EAST 8.65 FEET TO THE EAST
LINE OF LOT 6, ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EAST LINE CONTINUING NORTH 55°30'36" EAST 11.22 FEET;
THENCE NORTH 27°28'54" EAST 31.71 FEET;
THENCE NORTH 57°46'45" EAST 9.17 FEET TO THE NORTHERLY LINE OF LOT 8 OF BLOCK
16 OF SAID MAP ALSO BEING A POINT ON A 16.03 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS SOUTH 25°32'26" WEST
THENCE ALONG SAID NORTHERLY LINE OF SAID LOT 8 SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 90°11'42" AN ARC LENGTH OF 25.23 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SAID LOT 8 AND THE
NORTHERLY LINE OF LOT 7 SOUTH 25°20'47" WEST 30.16 FEET TO SAID EAST LINE OF LOT
6;
THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID EAST LINE SOUTH 30°39'13"
EAST 5.25 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 449 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 SURVEY S ACT.
~0 -AND Stl
MICHAEL SCHLUMPBERGER, PLS 7790 ~~5 .SCH[0yQS G~~
U cs~ Fy O
ArSd ZO19 g m 33
DATE * Exp. ~s/y/e 9
N>. No. 7790 ~`7
9T~Or CAL~FO¢
C:ILand projects 200610509-0118-06 Enctndas Lone Jack & Norfolk Traits2iDOCUMENTSWORFOLK 261-053-31.doc -1-
EXHIBIT "B"
MANCHESTER AVENUE
\S
\sl,
\ ~y
\ N 5746'45" E LOT J
9.17'
\ 2
6=90'11'42" -
\R=2165~03' 261-053-31 -
23' s OT r
5%1\ d3 EXIST. PRIVATE ESMT. FOR
o, q'. 1o GAS REC. 8-31-1978 AS
per. _ _ - 0* 6"F/P 78-373982
N 55'30'36" E ~
Q 11.22'
/L\ S 30'3913 E \ 31 J.-cK IJ
N 55'30'36" E
\ _
8.65' \ LOT J
z
\ > O \ 261-053-30
LOT 6
SCALE 1"=20' m \p=11'23'45"
a R=145.21'
in L= 28.88'
DENOTES AREA OF \j\JJA 12J8
EASEMENT, 449 SQUARE
FEET MORE OR LESS
\ 20.94'
® DENOTES AREA OF STREET N 30'39'13" W
VACATION, 474 SQUARE 31'10' w
FEET MORE OR LESS MAP 1298
Oq EXIST. PRIVATE ESMT. FOR WATER MAIN
REC. 8-31-1978 AS F/P 78-373981 &
REC. 12-19-1978 AS F/P 78-544430
NOTE: ALL DIMENSIONS SHOWN HEREON ARE CITY OF ENCINITAS
COMPILED FROM RECORD DATA. EASEMENT PLAT
Right-Of-Way Engineering Services, Inc.
Land Surveying VESTING: STUART S. MAC PHERSON DDS, INC.
4167 Avenida de la Plats Ste. 114 • Oceanside. CA 92056 EMPLOYEE BENEFIT TRUST
(760) 732-1366 FAX (760) 732-1367
Drawing file name: Norfolk Easement Plat.dwg DATE: AUGUST 8, 2008 SHEET i OF 1
1