2009-540592DOCp 2009-0540692
111141111111111111111111111111111111111111111111111111111111
RECORDING REQUESTED BY:
CITY OF ENCINITAS
SEP 29, 2009 3:57 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER: COUNTY RECORDER
FEES: 0.00
OC: NA
WHEN RECORDED MAIL TO:
CITY CLERK <V/ C
ITY OF ENCINITAS , tr
505 SOUTH VULCAN AVENUE
ENCINITAS CA 92024 0 1
For the benefit of the City of Encinitas
ASSESSOR'S PARCEL NO. 264-232-11
V
PAGES: 5
PROJECT NO. 0624-G 05-047
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
DO tJWN7ARY VANVER TAX
DAVE WINKLER AND KRISTY WINKLER, HUSBANDAND 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 "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.
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 entitled to full reimbursement of all costs, including reasonable
attorney's fee~rom Mother p'fy.
Owner :
/(//U
Dave Winkler
Winkler
Date:
SEE ATTACHED
Signature of Owners to be notarized. FOR OFFICIAL
Attach the appropriate acknowledgements. ACKNOWLEDGEME
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:
Peter Cota-Robles
`Director of Engineering Services
State of California CALIFORNIA ALL-PURPOSE
-
County of CERTIFICATE OF ACKNOWLEDGMENT
On t v~~ r before me
~~~1
-
(here insert name and Citle of the officer)
r
personallyappeared
who proved to me on the basis of satisfactory evidence to be the person hose name/fir subscribed to
the within instrument and acknowledged to me that hq/shejto executed the same in h)s/hel/&
authorized capaci (ie and that by ~iis/h)i qe- signature n the instrument the persorS or the entity
-
upon behalf of which the persor s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the _ JQN SCOTT
State of California that the foregoing paragraph is true and correct. ''nn Comm..# 1670616 llpp
v! NOTARY PUBLICCAUfORN1A V!
5tiN DiEC0 COUNTY
Mr C9 MM E%P. MAY 27, 2010
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WITNESS my hand and official seal.
Signature
Seal
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
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gment to an unaut
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Description of Attached Document
The preceding Certificate of Acknowledgment is at ched to a document Method of Signer Identification
titled/for the purpose of VT l ' Proved to me on the basis of satisfactory evidence:
form(s) of identification 1- credible witness(es)
~ Notarial event is detailed in not y journal on:
containing l~ pages
and dated Page # E ry #
,
The signer(s) capacity or authority is/are as: Notary co act:
❑ Individual(s) Other
Attorney-in-Fact
Additional Si er(s)
Corporate icer(s)
Title(s)
❑ Guardian/Conservator
❑ Partner - Limited/General
Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Fntity(ies) Signer is Representing
0 Copyright 2007 Notary Rotary, Inc. 925 29th St., Des Moines, IA 503 1 2-3 61 2 Form ACK03. 10107 . To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http.//www.riotaryrotary.corn
October 9, 2007
EXHIBIT A
LEGAL DESCRIPTION
FOR
PUBLIC TRAIL EASEMENT
AN EASEMENT FOR PUBLIC TRAIL PURPOSES OVER, UNDER, ALONG, AND ACROSS THE
NORTHERLY 10.00 FEET OF THE EASTERLY 26.22 FEET OF THAT PORTION OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 5, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE ALONG
THE WESTERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER NORTH 01°06'57" WEST 351.00 FEET; THENCE NORTH 87°08'26" EAST
331.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°53'28" WEST, 327.70
FEET TO THE NORTHERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG SAID NORTHERLY LINE NORTH
87°02'01" EAST, 333.02 FEET TO THE EASTERLY LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER; THENCE ALONG SAID EASTERLY LINE SOUTH 00°40'09" EAST, 328.37
FEET TO A LINE WHICH BEARS NORTH 87°08'26" EAST FROM THE TRUE POINT OF
BEGINNING; THENCE SOUTH 87°08'26" WEST, 331.72 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINS 262 SQUARE FEET MORE OR LESS.
N
1 -60'
0 30 60 120
APN: 264-390-16,.-' I
IT ffy Noln.
'
EXHIBI r a
PUBLIC TRAIL EASEMENT
3,3.02'
N 81172101' E
10' WDE PUBLIC TRAIL
EASLEIENT 6RAN7ED 10 THE I I z
CITY OF MUNITAS HWOK. I I 8
1T E70SPNG 40 FEET wDE EASaar GRANTED 70 VARIOUS
PARAES OF RECORD FAR ROAD, WATER, SENER, GAS
PON£R, TELEPHONE LINES AND INCIDENTAL PURPOSES
2
REGARDED mAY 11, 1959 AS BOOT( 7654, PALE 324 AF O.R.
g
(2) 11SUNG 30 FEET HIDE EASWENT GRANTED 70 VARIOUS PARDES OF
WOW FAR ROAD AND UTILITY Pl1FOSES AND APPURUANGES
I
W M AND 6NaMTAL PURPOSES, REGARDED DEQN& 31, 1971
AS INSIRUMT NO. 3065542 OF OR.,
0
(3~ EXISANG 30 FEET HIDE EASEUENT GRANTED 70 AUifNHAIN MUNICIPAL
WATER DISTRICT FAR PIPOKS FAR ANY AND ALL PURPOSES
7Oa7W NITH THE AWT 10 INGWW AND EGRESS MURAU AND
N
INCIDENTAL PURPOSES REGARDED SUM & 24 1979 AS
INSTRUNENT Na 79-405327 AF OR.,
EXISTING 30 FEET HIDE EASMINT GRANTED Tn PAOM BELL FAR
PUBIC UPUTIES AND INaDENTAL PURPOSES RECORDED SP1EalB&
26, 1988 AS INSTRUMENT NO. 88-485857 AF O..,
EXISPNG 30 FEET HIDE EASEUENT GRANTED TO SAN DIEGO GAS AND
EIEC7RIC fW PUBLIC UPUPES AND INCIDENTAL PURPOSES REGARDED
SEPTEMBER 27, 1988 AS INSTRUMENT NO. 88-488499 AF O.R..
APN.• 264-232-11
N8nV'26'E
331.72' -
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N 87178'26' E 331.72
P.O.B.
SW CAR OF NE 114, SE
114, SE 114 OF ZC S
7735 R3W, SLAT
DATA . TABLE
-L1
No.
BEARING
LENGTH
L l
NOO'40'09"W
10.01'
L2
N87712'01'E
26.24'
L3
NOO'40'09'W
10.01'
L4
N87D2'01 T
26.24'