1999-709218' RECORDING REQUESTED BY: ) OCt 22, 1999 El: 28 gM
~FFICI~_ RECOP3S
CITY OF ENCINITAS 24 0 3 ~ ~IEGO ~TY [~R'8 ~FICE
) G~Y J. ~ITH, ~TY ~C~R
WHEN ~CO~ED MAIL TO: ) F~8: 0.~
) ~: NA
CITY CLE~ )
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024 )
ASSESSOR'S PARCEL NO. 264-180-01 PROJECT NO. MUP 95-034
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A. Neil McKay and Esther Elizabeth McKay, Husband and Wife, as Joint Tenants
("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) The surface of any driveway which crosses the easement must be smoothed to a level
satisfactory to the Director of Community Services.
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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 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 paxty shall be entitled to full reimbursement of all osts, inclu ?g reasonable
attomey's fees, from the other party.
Dated \.(~ ~ t~6~ 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.
DATE: '{~-"'~-~ BY: ~~
Alan D. Archibald
Director of Engineering Services
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN DIEGO )
On October 15, 1999, before me, Lorinda J. Ansley, Notary Public, appeared Eilis McKay,
proved to me on the basis Of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in
her authorized capacity, and that by her 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.
!~-~ ..... ;~;~:;;~ ..... ! ~ /? ~
-/.~r__j~ LORINDA J. ANSLEY ~- ,,
~ ~NOTARY PUBLIC-CALIFORNIA
] ~/., _S.A,.N..DIEGO COUNTY ! 6-~orinda J.'?'Anslev Not~m lC
_._~_., ~ub~
G:\PL-95\ACK-all
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STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On October 15, 1999, before me, Lorinda J. Ansley, Notary Public, appeared Neil McKay,
proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, 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 offi~
OFFIC}AL SEAL I '
LORINDA J. ANSLEY ~
~ [~l NOTARY PU BLIC-CALIFORNIA~ ~-~ ~~
COMM. NO. 119~ m
SAN O~EGO COUNW ~ ~ Lori~a J.-Ansley~~ic " ~
G:\PL~95\ACK-all
EXHIBIT 'A'
PARCEL 1:
BI~)~ 83 OF COLO~ OLIVENHAIH, IH THE CITY OF E~INITAS, COUNTy OF S~
STATE OF ~IFORNIA~ AC~RDING TO ~ ~E~OF ~. 326~ FILED IN T~ OFFICE OF
THE CO~ ~CO~ER OF S~ D[E~ CO~, ~Y 8, [885.
~SO T~T PORTION OF THE ~TE~Y ~F OF .jw STREW, ~gOIN~ S~D BL~K 83 ON
THE gEST~ T~ SO~E~Y ~Y OF [3TH STRE~ BO~ED ON T~ ~H BY BL~ 83
LYING ~TE~Y OF THE C~ER LINE OF '~" STREW; T~T POTION OF ~E ~EST [/2 OF
"[" STRE~ L~[RG BE~E~ ~ID B~CKS 83 ~D 84; T~ ~RTHE~Y ~F OF [~TH
STREET, ~JOINING SAID BL~ 83 ~ SAID ~RT~O~ OF 'J' ~ 'K' STRRET ON THE
SO~H AS VATTED ~ C~SED TO PUBLIC USE.
PANEL 2:
~ ~E~ ~ RIGHT OF gAY FOR RO~ ~ PUBLIC ~IL[T~ PU~OSES OVER~ UNDER~
~ONG ~D ACROSS A STRIP OF ~ 40.00 FE~ IN ~DTH LY~ ~[THIN LOT [8 OF
SUBDIViSiON OF THE ~C~ ~ ENCINIT~ IN CI~ OF E~XNIT~, CO~Y OF S~
DIE~, STATE OF C~IFORN[A, A~O~I~ ~ ~ THEREOF ~. 848, FIL~ IN
OFFICE OF T~ ~U~y REORDER OF SAID ~U~y ~ IN "J' STRE~ OF THE COLO~
OLIVE~IN, BEI~ OH ~ NO. 326, FILED IH T~ OFFICE OF THE C0~ RECOVER OF
SAID ~U~ T~ ~E~Y LIRE OF SAID ~ BEZ~ DESCRIB~ ~ FOL~S:
BEGINNING AT THE ~ OF INTERSECTION OF THE C~ER LINE OF S~D 'J' STRE~
RI~ THE RESTE~Y PROLO~TIOR OF T~ ~R~E~Y LI~ OF BLO~ 83 OF ~ID
326~ THE~E ~ESTE~Y ~ONG SAID PRO~T[0N A DIST~CE OF 100.00
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EXHIBIT 'B'
10/5199
RB
LEGAL DESCRIPTION
FOR
RECREATIONAL TRAIL EASEMENT
(APN: 264-180-01
The Northerly 10.00 feet of the following described real property:
Block 83 of Colony Olivenhaln, in the City of Encinitas, County of San Diego, State of California,
according to Map thereof No. 326, filed in the Office of the County Recorder of San Diego County, July
8, 1885, together with that portion of the Easterly half of 'J' Street, adjoining said Block 83 on the West;
the Southerly half of 13th Street bounded on the South by Block 83 and lying Easterly of the canter line
of 'J' Street; that portion of the West half of 'K' Street, lying between said Blocks 83 and 84; the
Northerly half of 12th Street, adjoining said Block 83 and said portions of 'J' and 'K' Street on the South
as vacated and closed to public use.
Contains 3848.00 square feet, more or less.
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S73'44'15'E 384.80'
PROPOSED I0' V~DE REOREA IIONAL
-TRAIL EASEW£NT 5'RANI~.D TO ~ITY
OF ENCINITAS.
BLOCK 83
I
~ I
12 STR..,EET[l/,4c,4TE¢~
N73'~3'3¢~ '7~.~o ....
~IT
S73'.~I 15 E
PROPOSED 10' ~DE RE~EAflON~
-~AIL EA~ENT ~RAN~D
OF ENONITAS,
~ ~ BLOCK
~ MAP
I~'
I
Y£ STREET [iACATEOJ
]~ No. 94-084