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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"