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2002-561099 DOE 002-0561099 RECORDING REQUESTED BY: ) JUL 02, 2002 4: 26 PPI CITY OF ENCINITAS OFFICIAL RECORDS ~AN DIEGO ~0UNTY RECORDER'S OFFICE ) GIEGORY J. SWITH, COUNTY RECORDER V~EN RECORDED IYLML TO: ) FEES: 0.00 ) 0C: NA CITY CLERK ) CITY OF ENCINITAS ) 505 SOUTH V-LO~C~ AVENUE ) ENC1NITAS, CA 92024 For the benefit of the City of Encinitas ASSESSOR'S PARCEL NO. PROJECT NO. '~ GRANT OF EASEMENT FOR RECREATIONAL TRAILS A. ENCTN'rTA$ RANCH LLC. ("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, mn, 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 fi-om, 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 enfome the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, j,~clJa~ling reasonable attorney's fees, from the other party. Dated _~. ~M:~. IM~,~ Owner 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 consents to the recordation thereof by its duly authorized officer. Director of Engineering Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof ~',~,/z/' ,~/~_,..~g> ~ ss. On ,,~..~,'~ ~/'~ate ~'2~)'<~ ' bef°re me,-.~/~ personally appeared ~/.~'~ Name(s) of Signer(s) ~'personally known to me [] proved to me on the basis of satisfactory evidence to be the person'(~ whose name~) is/a~  subscribed to the within instrument and acknowledged to me that he/e~/tbey executed the same in his/b~/tbelr authorized j ~ San Diega County f capacity(~), and that by his/~r/th~ir ~ signature(~ on the instrument the person(~), or the entity upon behalf of which the person~) acted, executed the instrument. WlTNES...S my hand and official seal. P~ace Notar~ Sea~ Above Signature of Notary Public OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachmenl of this form to another document. Description of Attached Oocument~.,/~,/f/~_ Title or Type of Document: Document Date: /"~/'~/~"~/ ~'~)/ ,~7~..2.~ Number of Pages: ~' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~ Individual J~. Corporate Officer -- Title(s): /~,/~/~ ~.L~_..~ Top of thumb here [] Partner--[] Limited ~ General E~ Attorney in Fact [] Trustee [] Guardian or Conservator ~ Other: Signer Is Representing: © 1997 National Notary Association * 9350 De Soto Ave, P.O Box 2402 · Chatswor[h, CA 91313 2402 Prod NO 5907 Reorder: Call Torl Free 1-800-876~6827 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PORTION OF LOT 11 OF CITY OF ENCINITAS TRACT 99-137, SOUTH MESA IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO 13998 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 16, 2000 AS SHOWN ON EXHIBIT"B" ATTACHED HERETO AND MADE A PART HEREOF, BEING A 10 FOOT WIDE STRIP OF LAND LYING 5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 11, SAID POINT BEING ON THE WEST LINE OF QUAIL GARDENS DRIVE AS SHOWN ON SAID MAP; THENCE ALONG THE SOUTH LINE OF SAID LOT 11 NORTH 88°40'15'' WEST, 315.42 FEET TO THE WEST LINE OF SAID LOT 11; THENCE ALONG SAID WEST LINE OF SAID LOT 11 NORTH 2°57'29'' EAST, 15.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE NORTH 59°01'00" EAST, 27.85 FEET TO THE BEGINNING OF A TANGENT 35.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 58°03'26''A DISTANCE OF 35.47 FEET; THENCE LEAVING SAID CURVE NORTH 00°57'34'' EAST, 73.16 FEET; THENCE NORTH 00°08'04'' WEST, 126.98 FEET; THENCE NORTH 01 °22'03" WEST, 68.11 FEET; THENCE NORTH 00°09'58'' WEST, 49.39 FEET; THENCE NORTH 00°18'59'' WEST, 162.06 FEET; THENCE NORTH 02°30'40'' WEST, 58.43 FEET; THENCE NORTH 25°51 '44" EAST, 21.90 FEET TO THE BEGINNING OFA TANGENT 8.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 91°09'53"A DISTANCE OF 12.73 FEET; THENCE LEAVING SAID CURVE NORTH 65°18'09'' WEST, 11.41 FEET TO A POINT ON THE WEST LINE OF SAID LOT 11, SAID POINT BEING THE POINT OF TERMINUS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ~, PLS 6922 DATE SB&O, /NC. v MESA Job No, 54452.02, December 19, 2001 Page 1 of 1 .. 5445"2~I~Ilfl;~e~D-TRAIL. I/I/PD EXHIBIT H~EO~ I~ t=12.74 ~I~/ '~'~' ~ - ~ ~~'"~ / PEDESTRIAN T~A It EASEMENT 12-21-01 ~2X I ~.D~ ~. 02