2008-563888
DOC # 2008-0563888
RECORDING REQUESTED BY: ~I III I (I I II IIII I I II II I I I II I I I I II
OCT 28, 2008 4:36 PM
CITY OF ENCINITAS OFFICIAL RECORDS
SAN DIEGO COUNT''' ' RECC iRDER'S OFFICE
i._iREGORY I SMITH, COUNTY RECORDER
WHEN RECORDED MAIL TO: FEES 0.013
OC: NA
CITY CLERK PAGES: 5
CITY OF ENCINITAS 111/111/ ill Hill Hill 11111 Hill ill Hill Hill Hill Hill Hill Hill Hill IIIIIIII
505 SOUTH VULCAN AVENUE
ENCINITAS, CA 92024
For the benefit of the City of Encinitas
ASSESSOR'S PARCEL NO. 264-223-12V PROJECT NO.0249-G, 06-149
~1R~5
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
t ,off For valuable consideration, OMMENTARY TRMNSFER TAX S (2
1Z
ROSEMARIE DAVIS, TRUSTEE OF THE ROSEMARIE DAVIS TRUST DATED 03-12-
1999,
("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.
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 : ~~?i~rhltiu C~~•d~ Date: 7 / t v
ROSEMARIE DAVIS, TRUSTEE
ROSEMARIE DAVIS TRUST DATED 03-12-1999
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: BY:
M..NPeterCota-Roles
N.. Director of Engineering Services
EXHIBIT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF PARCEL 2 OF PARCEL MAP NO. 12795, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1983, DESCRIBED AS
FOLLOWS:
PARCEL A:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE
ALONG THE NORTHERLY LINE THEREOF NORTH 88°24'48" EAST, 20.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID LINE, A
DISTANCE OF 8.08 FEET TO THE BEGINNING OF A NON-TANGENT 1,189.55 FOOT
RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 80°26'13" EAST; THENCE LEAVING SAID NORTHERLY LINE SOUTHERLY ALONG
THE ARC OF SAID CURVE 32.07 FEET THROUGH A CENTRAL ANGLE OF 01 032'40'
THENCE SOUTH 25°30'56" WEST, 50.28 FEET; THENCE SOUTH 11°42'13" EAST, 2.61
FEET TO THE BEGINNING OF A TANGENT 418.81 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 62.95 FEET
THROUGH A CENTRAL ANGLE OF 08°36'42" TO A POINT OF CUSP ON THE
SOUTHWESTERLY LINE OF SAID PARCEL 2 AND DESIGNATED HEREON AS POINT "X"
AND THE BEGINNING OF A NON-TANGENT 400.00 FOOT RADIUS CURVE CONCAVE
EASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 67°55'08" WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 76.58 FEET THROUGH A
CENTRAL ANGLE OF 10°58'07" THENCE LEAVING SAID LINE NORTH 25°30'56" EAST,
40.30 FEET TO THE BEGINNING OF A NON-TANGENT 1,181.55 FOOT RADIUS CURVE
CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 81°51'54"
EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 30.57 FEET THROUGH
CENTRAL ANGLE OF 01 028'56" TO THE TRUE POINT OF BEGINNING.
CONTAINING 683.85 SQUARE FEET
PARCEL B:
BEGINNING AT THE SAID POINT "X", AS DESCRIBED ABOVE IN PARCEL A, BEING ON
THE SOUTHWESTERLY LINE OF SAID PARCEL 2 AND THE BEGINNING OF A 400.00
FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 67°55' 08" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE 50.17 FEET THROUGH A CENTRAL ANGLE OF 07°11'11'; THENCE SOUTH
29°16'02" EAST, 57.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID LINE SOUTH 33°13'41" EAST, 143.25 FEET TO A POINT OF CUSP ON SAID
SOUTHERWESTERLY LINE AND THE BEGINNING OF A NON-TANGENT 800.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 51 042'43" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE 125.95 FEET THROUGH CENTRAL ANGLE OF 09°01'15" THENCE NORTH
29°16'02" WEST, 17.47 FEET TO THE TRUE POINT OF BEGINNING.
r1 A „
CONTAINING 294.35 SQUARE FEET.
O 2~ ~ `,e,g
.6-30..
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U:\ldata\surveys\5186surv\letters & documents\LEGALS\5186 DAVIS TRAIL ESMT EXB-A.doc
EXHIBIT "B"
N 8'24'48"E EASEMENT PLAT
POB - PCL A 30.00 TPOB - PCL A LINE TABLE
L1 LINE BEARING LENGTH
Ng0,26'13_'E(R) - N i L1 N88'24'48"E 20.00'
- - - L2 N88'24'48"E 8.08'
4"E(R) L3 S25'30'56"W 50.28'
N81°51 5 - L4
S11'42'1YE 2.61'
PCL A L5 N25'30'56"E 40.30'
CURVE TABLE
CURVE DELTA RADIUS LENGTH
Cl 1'32'40" 1189.55' 32.07'
Ewa C2 8'36'42" 418.81' 62.95'
Aoo'30) C3 10'58'07" 400.00' 76.58'
N ~R; 50a C4 1'28'56 1181.55' 30.57'
moo- 56/5 C5 7'11'11 400.00' 50.17'
w\~ so
,o
0
o.
~s
PT. 'Y' SCALE: 1" = 50'
POB - PCL B WN9
C) 0 50 100
0.
F \
PCL 2 - PM 12795
RECORDED 07/07/1983
0 s. ~Q
Q
s:pp mss' ~
INDICATES EASEMENT AREA pp PCL B
PCL A AREA = 683.85 SF
PCL B AREA = 294.35 SF
SAN DIEGUITO ENGINEERING, INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA. 92024
PHONE: (760) 753-5525
CIVIL ENGINEERING • PLANNING
LAND SURVEYING
U`:\Idata\surveys\5186surv\dwg\5186_DAVIS_TRAIL_ESMT.dwg 2/29/2008 SDE 5186
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
County of \Il \
On before me, are, I ~~\~eY~ ~~~pY1~1h\'c~
Date Here I95on, Name and Title of the OHmer J`~
personally appeared a
Name(s) of Signers)
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
which the person(s) acted, executed the instrument.
CaMnMNon • 1731711
~ dPublic ipo-C I certify under PENALTY OF PERJURY under the laws
3Dt1 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ha d`and offic I l se I.
Place Notary Seal Above Signature
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
CI Corporate Officer-Title(s): ❑CorporateOfficer-Title(s):
❑ Partner - iL Limited C General _ _ ❑ Partner - ❑ Limited LJ General
LL Attorney in Fact LL Attorney in Fact
❑ Trustee Top of thumb here Trustee Top of thumb here
❑ Guardian or Conservator L7 Guardian or Conservator
❑ Other: LL Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association- 9350 De Soto Aye., PO. Sox 2492•Chatsworth,CA 91313-2402•wwa.NationalNotary org Item #5907 Reorder: Call TollFree 1-800-876-6827