2002-16707 · IIII II IIII Ill III III II II II II oo,o
" DOC 0016707
~ '" 2002-0016707 '
RECORDING REQUESTED BY: ) JP~N O8, 2002 4 = 59
· OFFI(~IAL
CITY OF ENCINITAS ~N DIEm ~ 1~11~1~'8 OFFICE
) 61~1~¥ J. SltlItt, [I11~¥
WHEN RECORDED MAIL TO: ) F[[~: 0.00
)
CITY CLERK ) O15793
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE )
Z ENCINITAS, CA 92024 )
~ For the benefit of the
City
of
Encinitas
:~ASSESSOR'S P~ARCEL NO. 264-152-35 PROJECT NO. Wigginton
UJ'/] ,~ OF EASEMENT
.)p[ FOR ~C~ATIONAL T~ILS
G~NT
A. DOUGLAS J. G~LLIAM AND STEpHANIE B. GWILLIAM, husb~d ~d wife as joint
ten,ts ("O~ER", hereina~er) is the o~er of real property described in Exhibits "A" which
is a~ached hereto ~d made a p~ hereof ("PROPERTY" hereinafter).
For valuable consideration, O~ER hereby grits to the City of Encinitas ("CITY" hereina~er),
(for the benefit of CITY), easements across PROPERTY located as described in E~ibit "A",
which ~e aaached hereto ~d made a pan hereof, for Public Recreational Trail p~oses which
include, without limitation, use by members of the public to walk, jog, mn, ride horses, ~d
operate non-motorized bicycles. However, no motorcycles or o~er motor vehicles shall be
pe~itted on the trails with the exception of emergency ~d mainten~ce vehicles.
B. CITY agrees to properly ~d safely m~ntain the trails ~d related improvements to a
level satisfactory to se~e sufficiently the public need. Construction ~d mainten~ce activities
include, but me not limited to, work on, below, ~d above the surface of the easements.
C. P~su~t to a pe~it issued by the CITY, private owners of lots adjacent to the easement
grated to the CITY may construct ~d maintain driveways ~d install undergro~d utilities
across the easement, subject to the following conditions:
1) No culverts, be~s, ditches or other rear,es that may impede or restrict the intended use
of the trail, shall be pe~itted.
2) The s~face of ~y driveway that crosses the easement must be constructed to the
satisfaction of the Director of Comm~ity Se~ices.
3) The grade of any driveway that 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
encambrancers, 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 be entitled to full reimbursement of all costs, including reasonable
attorney's fees, from the other party.
Date:
Douglas J. (~william!
Date:
Stephanie B. Gwilliam
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.
Date: By:
Director of Engineering Services
~ Leroy C. Bodas
'* t~ PURPOSE~CKNOWLEDGMENT
'*, CAliFORNIA ALL-
State of
County of ..~'Pr~ ~'~
On ~'~ ~' ,,~!~ . 'Z-~D I before me, J~)~/~-~ ~ t
personally appeared ,-.~l)l ~ ~
~ personally known to me - OR - ~roved to me on the basis of satisfacto~ evidence to be the person(s)
whose name(s)~are subscribed to the within instrument
and acknowledged to me that ~Ahey executed the
same in ~heir authorized capaci~(ies), and that by
-- ----------- ------- + .......................... ~their signature(s) on the instrument the person(s),
~'PATRICIA'DREW"'; or the entity upon behalf of which the person(s) acted,
:~ Comm. ~ 1 ~ ~ executed the instrument·
'. My C~. ~p. June 22, ~01~ WITNESS my hand and official seal.
............. ~ ~ ~':d~: ~ ~ ':2:°31: ~ OPTIONAL
Description
of
A~ached
Document
~tle orType of Document: ~ P~ ~~ ~ ~G'r-~;;W~'/~;~':
Document Date: ~//~( Number of Pages:
Signer(s) Other Than Named Above:
Capaci~(ies) Claimed by Signer(s)
Signer's Name: ~o~ ~. (~t[ ~;~ Signer's Name: ~n{
~ Individual ~ndivJdual
~ Corporate Officer ~ Corporate Officer
Title(s): ~tle(s):
~ Pa~ner -- ~ Limited ~ General ~ Pa~ner -- ~ Limited ~ General
~ Aaorney-in-Fact ~ A~orney-in-Fa~
~ Trustee ~ Trustee
~ Guardian or Conse~ator ~ Guardian or Conse~ator
~ Other: Top of thumb here ~ Other:
Signer Is Representing: ~ Signer Is Representing:
EXHIBIT 'A'
PUBLIC TRAIL EASEMENT
APN 264-152-35
AN EASEMENT FOR PUBLIC TRAIL PURPOSES OVER THE FOLLOWING DESCRIBED
PROPERTY;
THE WESTERLY 15.00 FEET OF PARCEL I OF PARCEL MAP NO. 13502 AS SAID PARCEL IS
SHOWN ON A MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON S~I~TE1VI~F-~ 28, 1984 AS ~ NO. 84-370488
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