1991-201868 " 1701
City Engineer
527 Encinitas Boulevard
Encinitas, CA 92024
ASSESSORS PARCEL { 264-270-08
PROJECT # 88-265
GRANT OF EASEMENT FOR RECREATIONAL TRAILS
A. William S. Bannasch and Renee S. Bannasch, Husband and Wife
('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 and illustrated in Exhibit C, 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
permitted, be
2) The surface of the driveway which crosses the easement must
be smoothed to a level satisfactory to the Director of
Community Services.
3) The grade of the driveway which crosses the easement must
match the grade of the trail on both sides.
1702
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 any 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 representatives, 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.
William S. Bannasch .....
I accept on behalf of the City council of the City of Encinitas,
persuant to the authority conferred by the resolution of said
council adopted on ~L! ~19~--7_ , the foregoing easement
and consent and to t~e recordation thereof by
officer, its duly authorized
Date IL- ~--~ By ~,~.- ~ ~ ........
1703
EXHIBIT A
LEGAL DESCRIPTION
(APN 264-270-08)
Parcel 4 of Parcel Map No. 9771, as per Parcel Map recorded March
6, 1980, as File No. 80-077816 of Official Records, in the Office
of the County Recorder of San Diego County, being a division of a
portion of Lot 17 of the subdivision of the Rancho Las Encinitas,
in the County of San Diego, State of California.
Said land is included within the boundaries of records of Survey
Nos. 6110 and 8026 and 9293 filed in the Office of the County
Recorder. '
1704
SDE 3243.01
2-15-90
G0589
EXHIBIT "B"
HORSE TRAIL EASEMENT
LEGAL DESCRIPTION
(APN 264-270-08)
A STRIP OF LAND, 8.00 FEET IN WIDTH, LYING WITHIN PARCEL 4 OF
PARCEL MAP NO. 9771, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO· STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY MARCH 6, 1980 LYING SOUTHERLY OF THE
SOUTHERLY SIDELINE OF CANINO DEL RANCHO (FORMERLY, LONE JACK
ROAD) AS SHOWN ON SAID PARCEL MAP NO. 9771 AND DESCRIBED IN DEED
TO THE COUNTY OF SAN DIEGO RECORDED SEPTEMBER 17, 1961 AS FILE
NO. 155962, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOL-
LOWS:
BEGINNING AT A POINT ON THE SOUTHERLy LINE OF SAID PARCEL 4, DIS-
TANT THEREON NORTH 87o02,13" EAST (RECORD NORTH 84023,53" EAST)
68.54 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE NORTH
29054'45" WEST, 52.56 FEET TO THE EASTERLy LINE OF THE WESTERLy
28.00 FEET OF PARCEL 4; THENCE NORTH 15o05,15" EAST- 338.04
TO THE BEGINNING OF A , FEET
EASTERLy THEN TANGE~ 126,00 FOOT RADIUS CURVE C CAV~
· CE ALONG THE ARc OF ON___._
CENTRAL ANGLE OF 12035,20" SAID CURVE 27.68 FEET THROUGH A
THENCE NORTH 23o57,19.. EAST, 69.29
FEET; THENCE NORTH 15o05,1~.. EAST, 35.18 FEET TO THE SOUTHERLY
SIDELINE OF SAID CAMINO DEL RANCHO.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED SO
AS TO TERMINATE SOUTHERLy AT THE SOUTHERLY LINE OF SAID PARCEL 4
AND NORTHERLY AT THE SOUTHERLy LINE OF SAID CAMINO DEL RANCHO.
1705
EXHIBIT "C"