1991-201867 1695 "r -
RECORDING REQUESTED BY:
'W~EN RECORDED M_AT'r, TO:
CITY ENGINEER
CITY OF ENCINITAS
527 ENCINITAS BOULEVARD
ENCINITAS, CA 92024
DOCUMENTARY TRANSFER TAX $ $0.00
ASSESSOR'S PARCEL NO. 264f240~02~03
GRkNT OF EASEMENT FOR RECREATIONAL TRAILS
A. See Exhibit C ("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, 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 be permitted.
2) Where private roads or driveways cross the trail easement,
finish grade of road or driveway shall be within 3 inches of
trail grade with maximum 6 inch curbs.
3) If the road or driveway is paved, pavement at trail-driveway
intersection shall be approved texturized pavement such as
coarse broomed concrete.
MW/dc/COV2-176wp5 (2-5-91/1)
· 1696
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 encumbrancers, 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.
Dated ~ / ~ ~ / Owner ~~. J~~
ACCEPTANCE BY CITY
I accept, on behalf of the City Council of the city of Encinitas,
pursuant to the authority conferred by Resolution 87-72 of said
Council,. adopted on July 27, 1987, the foregoing easement and
consent to the recordation thereof by its duly authorized officer.
Warren H. Shafer, Cit~anager
MW/dc/COV2-176wp5 (2-5-91/1)
1697
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
On April 18, 1991, before me, the undersigned, a Notary Public in
and for said State, personally appeared Christopher S. Lloyd,
proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged
that he executed the same in his capacities, and that by his
signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~FIC~ SE~ ~
~ot~ry Public 'in ~d for ~ ~~Cmm's~sionE~ires [
said County and State ~ OCTOBERS, 1994
PL/ACK-LLO2
1698
EXHIBIT A
ALL OF THAT PORTION OF LOT 1 IN SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT
THEREOF,TOGETHER WITH THAT PORTION OF LOT 16 OF THE SUBDIVISION OF
RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE
27, 1898, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF.SAID LOT 16; THENCE EASTERLY ALONG
THE SOUTH LINE OF SAID LOT 16, 696.78 FEET; THENCE NORTH
2 25' 09" WEST 475.03 FEET ; THENCE NORTH 87 34' 51" EAST 669.02 FEET
TO THE TRUE POINT OF BEGINNING ; THENCE SOUTH 87 34' 51" WEST 669.02
FEET ; THENCE NORTH 2 25' 19" WEST TO THE SOUTH LINE OF THAT 30.00 FOOT
PIPELINE EASEMENT GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT,
RECORDED JULY 25, 1977 AS FILE NO. 77-296591 OF OFFICIAL RECORDS OF
SAID SAN DIEGO COUNTY; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID
PIPELINE EASEMENT, TO THE CENTERLINE OF COUNTY ROAD SURVEY NO. 554,
(KNOW AS LONE JACK ROAD) AS SHOWN ON RECORD OF SURVEY NO. 6085, FILED IN
THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 14, 1962; THENCE SOUTHERLY
ALONG SAID CENTERLINE, TO IT'S INTERSECTION WITH A LINE THAT BEARS NORTH
71 12' 24 "EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 71 12'
24" WEST TO THE TRUE POINT OF BEGINNING.
END EXHIBIT A - PAGE 1 OF 1
1699
EXHIBIT B
EASEI~NT FOR RECREATION/LL TRAILS
ALL OF THAT PORTION OF LOT 1 IN SECTION 8, TOWNSHIP 13 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL
PLAT THEREOF,TOGETHER WITH THAT PORTION OF LOT 16 OF THE
SUBDIVISION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 848, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO
COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 8.00 FEET WIDE, 4.00 FEET ON BOTH SIDES OF THE
FOLLOWING DESCRIBED CENTERLINE :
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 16; THENCE EASTERLY
ALONG THE SOUTH LINE OF SAID LOT 16, 696.78 FEET; THENCE NORTH
2 25' 09" WEST 475.03 FEET ; THENCE NORTH 87 34' 51" EAST 669.02
FEET ; THENCE NORTH 71 12' 24" EAST TO A POINT ON THE CENTERLINE
OF COUNTY ROAD SURVEY NO. 554, (KNOW AS LONE JACK ROAD) AS SHOWN
ON RECORD OF SURVEY NO. 6085, FILED IN THE OFFICE OF SAID COUNTY
RECORDER ON AUGUST 14, 1962 , SAID POINT BEING THE BEGINNING OF
THE CENTERLINE OF SAID 8.00 FEET WIDE STRIP OF LAND AND THE TRUE
POINT OF BEGINNING ; THENCE WESTERLY ALONG THE SOUTH LINE OF THE
SUBJECT PROPERTY AS DESCRIBED IN EXHIBIT "A" SOUTH 71 12' 24"
WEST 65.00 FEET ; THENCE NORTH 20 46' 17" WEST TO A POINT ON THE
NORTH LINE OF THE SUBJECT PROPERTY AS DESCRIBED IN EXHIBIT "A".
THE SIDELINES OF THIS 8.00 FOOT WIDE EASEMENT SHALL BE LENGTHENED
OR SHORTENED AS TO TERMINATE IN THE NORTH AND SOUTH LINES OF THE
SUBJECT PROPERTY AS DESCRIBED IN EXHIBIT "A".
END EXHIBIT B - PAGE 1 OF 1
1700
EXHIBIT C
(OWNER OF REAL PROPERTY DESCRIBED IN EXHIBIT "A")
CHRISTOPHER S. LLOYD AS EXECUTOR OF THE ESTATE OF
MARGARITA Z. LLOYD, DECEASED, PROBATE NO. 15976
END EXHIBIT C