1994-136483 RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY ENGINEER
CITY OF ENCINITAS
505 South Vulcan Avenue
ENCINITAS, CA 92024
DOCUMENTARY TRANSFER TAX $-0-
ASSESSOR'S PARCEL NO. 264-220-45 and 264-020-12
GRANT OF EASEMENT FOR RECREATIONAL TRAILS
A. Gerald A. O'Brien ("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 the 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 road or driveway is paved, pavement at trail-driveway
intersection shall be approved texturized pavement such as
coarse broomed concrete.
EAS-OBRI.118
-, 639
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 the 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 ~A ,~C~~.~
~era~d A. O Brian
EAS-OBRI.118
State of California )
)ss
County of San Diego )
On ~. /~ : /c~) 4 , before me, the undersigned Notary, personally
appeared /c~/~././~ ~ -~ ~Y~Z~, personally known tome robe
~ ~'e~~ the person whose name is subscribed to the with/n/natrument as a witness
~'4' Randa--,. ,,,,,,~,.,u, x,~ thereto, who being by me duly sworn, deposes and says that he was present and
~I~i~,~,~/~l~l~ ?'~! NOTARYp~iNCip~I~iON~NI~PU~LIC.CALiFO~NIA saW ~2']~?L-[] A - O '/~'/~ A/ , the same person described in and
~/ SAN D~£GO COUNTY ~, whose name is subscribed to the within and annexed instrument as a party
M~ C0mrnis~0n ixp~res hn 6. 1995 ~ ~ereto, execute tbe same, and that said affiant subscribed his name to the within
¢~--~'~'*x~g-"~ instrument as a wimess at the request of
WITNESS my hand and official seal.
Signature
PARCEL A:
~C~ 2 OF P~C~ ~ NO. 3765, ~ ~K CI~ OF ~CIN~T~, ~ OF
S~ DIE~, STATE OF
RECO~ OF ~ D~ ~, ~y 8, 1975 AS F~ NO. 75-L~1073 OF
~T~Y PRO~NGAT~ON OF
P~C~ B:
"THAT PORTION OF LOT 7 IN THE SUBDIVISION OF THE RANCHO LAS ENCINITAS
ACCORDING TO MAP THEREOF NO. 848, IN THE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, LYING EASTERLY OF THE CENTER LINE OF
EASEMENT PARCEL I IN DEED TO GREGORY H. BROWN, RECORDED MAY 1, 1975
AS FILE NO. 75-103227 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY
AND NORTHERLY OF THE CENTER LIRE OF EASEMENT PARCEL 2 IN SAID BROWN'S
DEED. n
642
EXHIBIT "B"
Oanuary 14, lggl
W.O. 6-8012.866
A strip of land across a portion of Parcel 2 of Parcel Hap 3765 in the City of
Encinitas~ County of San Diego, State of California as per map recorded May B,
1975 as F~le No. 75-111073 in the office of the County Recorder of said County
and that portion of Lot 7 in the Subdivision of the Rancho Las Encinitas
ecco~ding t= m=p thereof No. B4B in the City of Encinttas as per document
recorded November 24, 1981 as File No. 81-371721 in the office of the County
Recorder of said County, described as follows:
Conu~encing at the Southeast corner of said Parcel 2; thence along the easterly
line of said Parcel 2 NORTH 00~19'37'' WEST (Record per P.M. 3755 NORTH 02°49'28''
WESl) 4.75 feet to the beginning of a non-tangent curve concave northerly having
& radius of 196.50 feet to which a radial line bears SOUIH 35°52'47" EAST and the
Point of Be~tnntng; thence departing from said easterly line, westerly along the
arc of sat~ curve 114.21 feet through a central angle of 33~18'08" to which a
radial line bears SOUTH 02°34'39'' EAST and the beginning of a non-tangent curve
concave northerly having a radius of 200.00 feet to which a radial line bears
SOUTH 00°45'31- EAST and the southerly line of said Parcel 2; thence along said
southerly line, westerly along the arc of setd curve 92.98 feet through a central
angle of 26°38'10"; thence continuing along said southerly line NORTH 54°08'21"
WEST 202.23 feet (Record per P.M. 37~5 NORTH 66'40'00" WES1 20~.00 feet) to the
begiQnin~ of a curve concave southerly and having a radius of 400.00 feet; thence
cont,nuin~ along said southerly liae, wustarlyalo,~ the arc o~ said ?rye 304.33
feet through a central angle of 43~35'3~"; thence departing from sa~d southerly
line, non-tangent to said curve SOUTH 76'44'39" W£ST 62.20 feet to the beginning
of a tengent curve concave northerly having a radius of 187.00 feet; thence
westerly along the arc of said 38.5~ feet through a central angle of 1~48'04"~
thence SOUTH 88~32'43'' WEST 60.61 feet; thence SOUTH 89°03'09" WEST 58.90 feet;
thence NORTH 68°51'45" W£ST 55.09 feet; thence SOUTH 88°32'37" WES1 30.10 to the
be~innlng ~f a non "-,,,,g~n. ~ + curve con,s, ye e~te~!y and having a radius of lOOO.O0
feeq to which a radial line bears NORTH 86°55'01. WEST and the centerline of Lone
Oac~ Road as shown on P.M. 3765; thence along said centerline of Lone Jack Road,
northerly)along the arc of said curve 10.00 feet through a central angle of
14'22'; thence departing from said centerltne of Lone Jack. Road, non-tangentto
said curve NORTH 88032'52" EAST 30.1~ feet; thence SOUTH 69'20'05" EAST 54~07
feet;'thence SOUTH 86°19'02" EAST 59.04 feet; thence NORTH 88°32'43" EAST 60,61
feet) thenceNORTH 8~e~8'35" EAST 19.38 feet; thence NORTH 74°19'05" EAST 50.00
fee); thence NO~TH 75'17'21" EAST 59.08 feet to 'the beginning of a noA:taave~)t
curve,concave so;~therly having a radius of 410.00 feet to which a radial line
bears NORTH 13°15'21'' WEST; thence easterly along the arc of said curve
feet through a central angle of 39007'00"; thence SOUTH 64'08'21" EAST 199.62
feet to the beginning of a curve concave northerly having a radius of 185.00
feet; thence easterly along the arc of said curve 208.05 feet through a centre1
angle.of 64°05'13" to the easterly line ~f said Parcel 2; thence along said
easterly line SOUTH 00~19'37'' EAST 13.]0 feet to the Point of Beginning.
(-801~\Legal-14.0oc