2009-16292
DOC # 2009-0016292
11111111 IN 1111111111111111111111111111111111111111111111111111111111
JAN 13, 2009 4:30 PM
RECORDING REQUESTED BY: OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
CITY OF ENCINITAS DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
OC: NA
WHEN RECORDED MAIL TO: PAGES: 7
CITY CLERK 11111 1111111111 IN IIII
CITY OF ENCINITAS ,
505 SOUTH VULCAN AVENUE
ENCINITAS, CA 92024 )
For the benefit of the City of Encinitas
f
III(' APN.: 264-222-24 J PROJECT NO.: 563-G
~l1
CORRECTION TO GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
uWiCi I I
A. This document serves as a CORRECTION to the "GRANT OF EASEMENT FOR
PUBLIC RECREATIONAL TRAIL" recorded as document number 2008-0457984 on
August 26, 2008 in the Office of the County Recorded of San Diego County.
B. Thomas A. Hunt and Joanne M. Berg, Husband and Wife as Joint Tenants,
("OWNER", hereinafter) is the owner of real property described in Exhibit "A" which is
attached hereto and made a part hereof ("PROPERTY" hereinafter).
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 "A" and as shown 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
Thomas A. Hunt Date
40wner/Trustee
e M. Berg D
r/Trustee
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
onsents to the recordation thereof by its duly authorized officer.
1
Peter Cota-Robles Da e
Director of Engineering Services
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 87°26'41" EAST (RECORD
NORTH 86°55'33" EAST), 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 01 022'05" WEST, 477.48 FEET TO THE
BEGINNING OF A TANGENT 19.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID CURVE 12.38 FEET THROUGH A CENTRAL
ANGLE OF 37°20'43"; THENCE NORTH 35°58'37" EAST, 31.17 FEET TO THE BEGINNING
OF A NON-TANGENT 16.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE
THROUGH SAID POINT BEARS SOUTH 54°01'20" EAST; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE 11.05 FEET THROUGH A CENTRAL ANGLE OF 39°35'12";
THENCE NORTH 03°36'32" WEST, 12.33 FEET; THENCE NORTH 08°30'36" WEST, 10.51
FEET TO THE BEGINNING OF A TANGENT 59.00 FOOT RADIUS CURVE CONCAVE
EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 29.60 FEET
THROUGH A CENTRAL ANGLE OF 28°44'59'; THENCE NORTH 20°14'23" EAST, 15.64
FEET; THENCE NORTH 22°48'32" EAST, 21.56 FEET TO THE BEGINNING OF A TANGENT
56.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE 39.65 FEET THROUGH A CENTRAL ANGLE OF 40°33'45"; THENCE
NORTH 17°45'13" WEST, 12.70 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT
RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE 5.63 FEET THROUGH A CENTRAL ANGLE OF 16°08'01"; THENCE NORTH
01 °37'12" WEST, 22.30 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1
WHICH BEARS NORTH 87°18'30 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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U:\ldata\surveys\5230surv\letters & documents\LEGALS\trail\5230_TRAIL_ESMT_EXB_A.DOC
EXHIBIT "B"
TRAIL EASEMENT
LAT ,
f- (N86*47'42"E)
LINE TABLE DUSTY 185.00' TRAIL
LINE BEARING LENGTH
~
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L1 N87'26'41 "E 5.00' I 48.78' oo 2 3 5 1
L2 N35'58'37"E 31.17' _ w
L3 N03'36'32"W 12.33'
L4 N08'30'36"W 10.51' I Iu C4
L5 N20*14'23"E 15.64' I Io_ Ica
L6 N22'48'32"E 21.56' Irv
L7 N17'45'13"W 12.70'
L8 N01'37'1 2"W 22.30' C3
I ~ r
CURVE TABLE I Q W
CURVE DELTA RADIUS LENGTH C) \ C2
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C1 37'20'43" 19.00' 12.38' -,0
C2 39'35'12" 16.00' 11.05' I m Cl
C3 28'44'59" 59.00' 29.60' I m
C4 40'33'45" 56.00' 39.65'
C5 16'08'01 " 20.00' 5.63' I C" z0
al EXIST. PUBLIC UTILITY ESMT TO THE SAN DIEGO GAS AND W P.M. 8251
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ELECTRIC COMPANY RECD. 11/13/75 AS INST. #75-318430 J I 1
OF O.R. I W PCL c, Z
2❑ EXIST. ROAD AND UTILITY ESMT. TO GEORGE PAUL LINEHAN III I I J o
AND CONSTANCE JEAN LINEHAN RECD. 2/3/77 AS INST. rn rn co
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#77-042343 OF O.R. I
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[3 EXIST. OMWD PIPELINE ESMT. RECD. 11/13/78 AS INST. c~D Z 00 f
#78-489984 OF O.R.
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EXIST. OMWD PIPELINE ESMT. RECD. 11/13/78 AS INST. DO
#78-489992 OF O.R. N I
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F5 EXIST. ROAD AND UTILITY ESMT. TO GEOFFREY B. DANIELS, ET I --i
AL RECD. 3/2/83 AS INST. #83-066455 OF O.R.
10'
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~ No. 442 I O I
C'q~ I FORN~P
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(Il(~loa INDICATES TRAIL EASEMENT I 30'
(AREA = 7,019.81 SQ. FT.)
INDICATES RECORD PER PM 8251
SAN DIEGUITO ENGINEERING, INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA. 92024 PO~ -
PHONE: (760) 753-5525 S87.26'41"W 185.00'
CIVIL ENGINEERING • PLANNING I L1 TPOB (N86°55' 33"E)
LAND SURVEYING
U:\ldata\surveys\5230surv\dwg\PLATS\5230_TRAIL _ESMT.dwg 11/17/2008 SDE 5230
State of California ) CALIFORNIA ALL-PURPOSE _
County of CERTIFICATE OF ACKNOWLEDGMENT
On l f1~ _ before me, k1,bl1 Ci
(here insert name and title of the offl ,r)
personally appeared
i,J
w; who proved to me on the basis of satisfactory evidence to be the person whose name is ,a0e subscribed to
the within instrument and acknowledged to me that try executed the same in er tdtir
authorized capacity(ies), and that by, he f it signaturen on the instrument 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. OFFICIAL SEAL
JOHNNA RAMOS
NOTARY PUBLIC-CALIFORNIA 93
WITNESS my hand and official seal. ° COMM. NO. 1680400
e SAN DIEGO COUNTY
MY COMM. EXP. JULY 22, 2010
Signature
(Sea])
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document -
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification _
titled/for the purpose of~~~ Proved t me on the basis of satisf tort' evidence:
Lo f m(s) of identification credible witness(es)
No
tar a event is detail I
ed
notary journal
hh on:
containing CQ" pages, and dated V ge# Entry #
The sig er(s) capacity or authority is/are as: Notary conta
❑ Indal(s) Other =
Attorney -Fact
El Corporatecer(s) L] Addit nal Slgner(s ❑ Signer(s) Thumbprint(s)
Title (s) -
❑ Guardian/Cons vat
El Partner-Limit d/Gene I
❑ Trustee(s)
El Other:
representin
Name(s) of Person(s) or Entity(les) Signer is Representing
,cr Copyright 2007 Notary Rotary, Inc 925 29th St, Des Moines, IA 50312-3612 Form ACK03. 10/07 To re-order. call toll free 1-877 3496588 or visit us on the Internet at http//www notaryrotary~com
State of Califo is ) CALIFORNIA ALL-PURPOSE
County of k1 -46 1) ) CERTIFICATE OF ACKNOWLEDGMENT m
On / U before me,j~, h~ v <6
here nsert name and ti tl of the officer)
personally appeared~_,{
who proved to me on the basis of satisfactory evidence to be the person whose nameaFe subscribed to
the within instrument and acknowledged to me that e- beltl ey executed the same i hi e,, r
authorized capacity (i and that b is 4eH -ho signatu~r~%g~:,on the instrument the person(„ or the entity
upon behalf of which the personl4acted, 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.
D. EVANS
Comm. # 1819791
WITNESS my hand and official seal. NOTARY PLISLIC•CALIFORNIA
SAN DIEGO COUNTY
My COMM, EXI OCT. 26, 2012 i
Signatur
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to on unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of signer identification
titled/for the purpose of Proved to me on the basis of satisfactory evidence:
L 0 form(s) of identification 0 credible witness(es)
>
Notarial event is detailed in notary journal on:
containing pages, and dated _ Page # Entry #
The signer(s) capacity or authority is/are as: Notary contact:
Individual(s)
Other
❑ Attorney-in-Fact
Additional Signer(s) ❑ Signer(s)Thumbprlnt(s)
Corporate Officer(s) _
Tale(s) ❑ _
❑ Guardian/Conservator
❑ Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Entltyres) Signer is Representing
I I
U Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK03~ 10107 To re-order. call toll-free t-877-349 6588 or visit us on the Internet athttp.//www notaryrotary~corn
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ,~w? L)
On c- 7~? 3 ~ c~lJiJ before me,
Date Here Insert Name and Title of the Officer
personally appeared C- O 729' ~ 13 &,-S
Name(s) of Signer(s)
s
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s is/ a subscribed to the
(thin instrument and ackno ed to me that
he% he/they executed the a his/her/their authorized
capacity(ies), and that b" N er f signature(s) on the
r ; Qj. R ND lLLJOlfR1 instrument the person(s), or the entity upon behalf of
Commission 61709664 < which the person(s) acted, executed the instrument.
Notary Public - Califoma
San Diego County I certify under PENALTY OF PERJURY under the laws
My Commission Exp. Jan. 6,20111
of the State of California that the foregoing paragraph is
true and correct.
WITNE my hand and official seal.
Place Notary Seal Above Signature Sig ure of Notary Public
OPTIONAL
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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): ❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General _
❑ Attorney in Fact - • - ❑ Attorney in Fact • - -
❑ Trustee Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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