1992-381764 RECORDING REQUESTED
WHEN RECORDED MAIL TO:
City of Encinitas
537 Encinitas Blvd.
Encinitas, CA 92024
COVENANT FOR INDEMNIFICATION IN
GRANT OF EASEMENT FOR RECREATIONAL TRAILS
WHEREAS, on August 23, 1990, there was recorded in the
Official Records of San Diego County, California at File/Page 90-
461786 a Grant of Easement for Recreational Trails which affected
Lot 55 of the City of Encinitas Tract No. 4574 in the City of
Encinitas, County of San Diego, State of California, according to
the map thereof number 11809, filed in the Office of the County
Recorder of San Diego County May 18, 1987; and
WHEREAS, Eugene and Sharalyn R. Mikolajczyk are the current
fee owners of the aforementioned Lot 55 of the City of Encinitas
Tract No. 4574; and
WHEREAS, the parties hereto seek to clarify their rights and
liabilities, hereby covenant and agree with respect to the Grant of
Easement for Recreational Trails recorded August 23, 1990 as
follows:
1. Indemnity of Fee Owner. Notwithstanding the
provisions of page 3, ¶I of the Grant of easement for
Recreational Trails recorded August 23, 1990, the City of
Encinitas agrees to defend, indemnify, and save free and
hold harmless the fee owner of the land burdened by the
easement from and against all claims, liabilities,
penalties, fines, or any damage to goods, properties, or
effects of any person whatsoever, and for personal
injuries or death caused by, or resulting from, or
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972
claimed to have been caused by, or resulting from the
use, inspection, maintenance, or repair of the trails and
related improvements by any person. However, this
indemnity provision shall not apply to any claims,
liabilities, penalties, fines, or damage to goods,
properties, effects, injuries or death caused by or
resulting from the negligence or intentional act of the
fee owner of the land burdened by the easement. The fee
owner of the land burdened by the easement shall have no
responsibility to inspect, maintain or repair or to
provide any notice regarding the easement,, which
responsibility shall remain with the City of Encinitas.
The foregoing shall be a covenant running with the land,
which shall be binding upon and inure to the benefit of
subsequent fee owners and to the heirs, personal
representatives, successors, assigns or transferees of
the parties hereto.
2. Effective Date. This Covenant for Indemnification in
Grant of Easement for Recreational Trails shall be dated as of
and in full force and effect from 12:01 a.m. August 23, 1990,
and shall apply to the Grant of Easement for Recreational
Trails originally recorded August 23, 1990, at File/Page 90-
461786 of the Official Records of San Diego County, California
as of the Effective Date.
3. Representation of Authority. The parties hereto
represent and warrant their authority to enter into this
covenant.
0 EUGE MI O ZW I]
SHAR~YN R. MIKOLAJCZ~ U ·
DATE: ~__, 1992 City of Encinitas
By: Warren H. Shafer, Ci~ Manager
973
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this ~7~ day ~d ~fo~ before me, ~.~3~.~ ~%~t~
a Notary Public in the State of California, dul~
commissioned and sworn, personally appeared Eugene Mikolajczyk,
personally known to me ~ ........ ~ to ~ .... tl~= ~f
........... ~ ....... Oa) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the City of ~~ , County of San Diego,
the day and year in this certificate first above written..
Notary ~ubllc
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On this ~7~ day of ~ before me, m~l~ R~ ~T~9~
a Notary Public in and for the State of California, dul~
co~issioned and sworn, personally appeared Sharalyn R.
Mikolajczyk, personally known to me ~~s
of smtiuf=ctcry cvidc~) to be the person whose name is subscribed
to the within instrument and acknowledged to me that~he executed
the same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the City of ~. ~ , County of San Diego,
the day and year in this certificate ~irst above written;
~~ ~ ~ Notary ~blic
9?4
STATE OF CALIFO~IA )
)ss.
COUNTY OF SAN DIECO )
On this lO~ day of ~,before me, FF~T7~I~t~ ~ ,
a Notary Public in and for the State of California, duly
commissioned and sworn, personally appeared Warren H. Shafer,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this
instrument as City Manager of City of Encinitas, California, and
acknowledged to me that such municipal corporation executed the
same.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal in the City of ~n~$ , County of San Diego,
the day and year in this certificate first above written.
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