2002-127915 DOC -0127915
FEB 175, 2002 4:21 PPi
BJ~CORI)INO REQUESTED BY:
OFFICIAL RECORD~
CITY OF ENC~TAS SAN DIEGO COUNTY RECORDER'S OFFEE
GEGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
~EN ~CO~ED ~L TO: OC:
CITY CLE~
505 SOUTH VULC~ AVE~E
ENC~ITAS, CA 92024
For ~e benefit of the City of EnciNt~
ASSESSOR'S P~CEL NO. 264-180-1~
G~T OF EASEMENT
FOR ~C~ATION~ T~L
A. The Enviromental Trust, Inco~orated ("O~ER", hereina~er) is the o~er ofreai
prope~ described in E~ibit "A" wNch is aaached hereto ~d made a pm hereof
"PROPERTY" herein~er).
For vfluable consideration, O~ER hereby grits to ~e CiW of EnciNtas ("CITY"
hereina~er), for ~e benefit of CITY, ~ e~ement across ~e PROPERTY located as
described in E~ibit "B", which ~e a~ached hereto ~d made a pm hereof, for Public
Recreational Tr~l p~oses wNch include, ~out limitation, use by members of ~e
public to wflk, jog, ~, fide horses, ~d operate non-motorized bicycles, toge~er with
· e right to remove buildings, s~ct~es, ~ees, b~hes, ~dergro~, flowers, ~d ~y
o~er obs~ctions interfering ~ ~e use of s~d e~ement ~d in addition thereto, to
remove soil ~d o~er materials witNn said e~ement ~d to use the sine in such a
m~er ~d at such locations as CITY may deem proper, need~l or necess~ in ~e
mainten~ce of s~d Recreafionfl Trail or s~ct~es incidental ~ereto. No motorcycles or
o~er motor vehicles shill be peri,ed on the ~ls ~th ~e exception of emergency ~d
mainten~ce vehicles.
B. CITY agrees to properly and safely maintain the trail 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 easement.
C. CITY shall defend, hold harmless, and indemnify OWNER and its directors, officers,
employees, agents, contractors, and representatives (collectively "Indemnified Parties")
from and against all liabilities, penalties, costs, losses, damages, expenses, causes of
action, claims, demands, or judgements, including without limitation, reasonable
attorneys' fees, arising from or in any way connected with: (1) injury to or the death of
any person or physical damages to any property, resulting for any act, omission,
condition, or other matter related to or occurring on or about the Easement, regardless of
cause, unless due to any negligent act or omission or intentional act of the Indemnified
Parties and (2) the existence or administration of this Easement. In addition, CITY shall
undertake all reasonable actions to prevent the unlawful entry and trespass by persons
whose activities may degrade or harm the environmentally sensitive nature of the
Property.
D. This easement shall run with the land, be binding upon, and inure to the benefit of the
encumbrancers, successors, heirs, personal representative, transferees and assigns of the
respective parties.
The Env±ronmental Trust,Inc.
Dated i, ]-2~Jo t 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.
LEROY BODAS
Director of Engineering Services
EXHIBIT "A"
LOT 143 OF MAP 7060 OF LAKE VAL SERENO UNIT 2, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY STEPEMBER 22, 1971, AS FILE NO. 215215, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
EXHIBIT "B"
All that portion of Lot 143 of Map 7060 of Lake Val Sereno Unit 2, flied in the office of
County Recorder of San Diego County September 22, 1971 as file No. 215215, in the
City of Encinitas, County of San Diego, State of California.
Being a strip of land 10.00 feet in width described as follows.
Beginning at the most northwest comer of said lot 143; thence along the northeast line of
said lot South 73° 44' 15" East 385.41 feet: thence South 73"47' 54" East 10.00 feet;
thence leaving said northeast line South 16o12' 16" West 10.00 feet; thence parallel with
said northeast line North 73°47, 54" 10.00 feet; thence continuing parallel with said line
North 73044' 15" West 385.41 feet; to the northwesterly line of said lot 143 being also a
point on the centerline of L Street as shown on Map 326 recorded in the office of the
County Recorder of San Diego County November 17, 1915: thence along said centerline
and northwesterly line of lot 143 North 14°48, 36" East to the Point of Beginning