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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. P f / U ~".rig Kl" ((WO 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 ~ 0 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 O 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 R 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 °00 #77-042343 OF O.R. I ~lj I m Lam. c, [3 EXIST. OMWD PIPELINE ESMT. RECD. 11/13/78 AS INST. c~D Z 00 f #78-489984 OF O.R. I c) O EXIST. OMWD PIPELINE ESMT. RECD. 11/13/78 AS INST. DO #78-489992 OF O.R. N I O 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' oNL A~ I 5, G. `SGT L ~kj P0 ~ SCALE: 1" = 80' v J O x. 6 3 -10 ~ 0 80 160 I 0 ~ No. 442 I O I C'q~ I FORN~P i (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 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): ❑ 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: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.NationaiNotaryorg Item 45907 Reorder: Call Toll-Free 1-800-876-6827