1989-504745 89
RECORDING REQUESTED BY:
NHEN RECORDED flAIL TO: 1866
CITY ENGINEER 8SNOV-I AM 8:20
CITY 0F ENCINITAS ~ v~,~ y
~-L LE J
527 ENCZNZTAS BOULEVARD
ENCZNZTAS, CALZFORN/A 92024
DOCUMENTARY TRANSFER TAX $ o
GRANT OF EASEMENT FOR RECREATIONAL TRAILS
A, PACIFIC SCENE, INC., A CALIFORNIA CORPORATION ("OWNER"
HEREINAFTER) IS THE OWNER OF REAL PROPERTY DESCRIBED ZN EXHIBIT A
WHICH ZS ATTACHED HERETO AND MADE A PART HEREOF AND WHICH IS COM-
MONLY KNOWN AS, BROOKSIDE, OLIVENHAIN ("PROPERTY" HEREINAFTER).
IN CONSIDERATION OF THE APPROVAL BY THE CITY OF ENCINITAS ("CITY"
HEREINAFTER) OF MAP OF THE SUBDIVISION OF PROPERTY, OWNER HERESY
GRANTS TO CITY, (FOR THE BENEFIT OF CITY), EASEMENTS ACROSS
PROPERTY LOCATED AS DESCRIBED IN EXHIBIT B AND ILLUSTRATED IN
EXHIBIT C, WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, FOR
PUBLIC RECREATIONAL TRAIL PURPOSES WHICH INCLUDE, WITHOUT LIMITA-
TION, USE BY MEMBERS OF THE PUBLIC TO WALK~ JOG, RUN, RIDE HOR-
SES, 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 SUF-
FICIENTLY THE PUBLIC NEED, CONSTRUCTION AND MAINTENANCE ACT/VI-
TIES INCLUDE, BUT ARE NOT LIMITED TO~ ~ORK ON~ BELOW, AND ABOVE
THE SURFACE OF THE EASEMENTS.
Co PURSUANT TO A PERMIT ISSUED BY THE CITY, PRIVATE O~NERS 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:
[) NO CULVERTS, BERMS, DITCHES OR OTHER FEATURES ~HICH MAY
IMPEDE OR RESTRICT THE INTENDED USE OF THE TRAIL SHALL BE
PERMZTTEDo
2) THE SURFACE OF THE DRZVE~AY ~HZCH CROSSES THE EASEMENT MUST
BE SMOOTHED TO A LEVEL SATISFACTORY TO THE CITY ENGINEER.
1867
3) THE GRADE OF THE DRIVENAY NHZCH 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 0NNER FROM AND AGAINST ALL CLAZHS, LIABILITIES,
PENALTIES, FINES, OR ANY DAMAGE TO GOODS, PROPERTIES, OR EFFECTS
OF ANY PERSON NHATEVER, 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 EASEHENT SHALL RUN NZTH THE LAND AND BE BINDING UPON AND
INURE TO THE BENEFIT OF THE ENCUMBRANCERS~ SUCCESSORS, HEZRS~
PERSONAL REPRESENTATIVES, TRANSFEREES AND ASSIGNS OF THE RESPEC-
TIVE PARTIES.
F. ZF EITHER PARTY ZS 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, FROH THE OTHER PARTY.
PACrFZC SCENE, INC., A
CALZFORNZA CORPORATION
n MacKay, Vice P~esident
Z ACCEPT ON BEHALF OF THE CITY COUNCIL OF THE CITY OF ENCZNZTAS,
PURSUANT TO THE AUTHORITY CONFERRED BY THE RESOLUTION OF SAID
COUNCIL ADOPTED ON 7/27/$7 , THE FOREGOING EASEMENT AND
CONSENT AND TO THE RECORDATION THEREOF BY ITS DULY AUTHORIZED
OFFICER.
EXHIBIT "A"
CITY OF ENCINITAS, TRACT NO. 4376
LOTS ! THROUGH 2! ZNCLUSZVE~ OF CZTY OF ENCZNZTAS TRACT'O. 4376,
ZN THE CZTY OF ENCZNZTAS~ COUNTY OF SAN DZEGO~ STATE OF CALZFOR-
NIA, ACCORDING TO THE MAP THEREOF NO. 12338, FILED IN THE OFFZCE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY~ MARCH 16, 1989.
STATE OF CALIFORNIA , I [~'
couNtYoF &~,~ ~ss.
Q~ ~--~--~al~ FOR NOTARY SEAL OR STAMP
Onthis ~3~ a~yof _~,intheyear ,gX~
personally appeared ~ ~, ~ O~ and
~ ~. ~ R~ ~ ~ ~ , ~rsonally known m lne or proved
~ me on the bas~ of satisfaGory eGdence ~ be the p~mon(~ who execu~d th%_ x
within instrument as ~ ~ ~esident and ~ ~
on behali of thc corporation herein named and acknowl~ged ~) me that ~e
corporation execu~d it.
~ ~P ~fo
ota ublic r said Co~ and State
EXHIBIT "B"
LEGAL DESCRIPTION OF RECREATIONAL T~IL EASEMENT
PARCEL 1:
A STRIP OF LANO LYZNG WZTHZN LOT 20 OF SAZO MAP NO. 12338~ EZGHT
FEET WZDE~ FOUR FEET EACH SZDE OF THE FOLLONZNG DESCRZBED CENTER
LZNE:
COMMENCZNG AT THE CORNER OF SECTZON 8~ 9w 16 AND 17~ SAZD CORNER
ALSO BEZNG THE MOST EASTERLY CORNER OF SAZD LOT 20;
THENCE NORTH 84o33'55'' WESTw ALONG THE NORTHERLY BOUNDARY LZNE OF
SAID LOT~ A DZSTANCE OF 596.00 FEET TO THE TRUE POZNT OF
BEGZNNZNG;
THENCE SOUTH 24°39'22'' WEST 223.67 FEET;
THENCE SOUTH 42o21'21'' WEST 290.00 FEET;
THENCE SOUTH 62033'06'' WEST 76.92 FEET TO POZNT 'mA" OF THZS
DESCRZPTZON;
THENCE NORTH 52°20'10'' WEST 90.99 FEET;
THENCE NORTH 76°25'44'' WEST 252.46 FEET;
THENCE NORTH 88°23'20'' WEST 142.47 FEET;
THENCE NORTH 62046'55'' WEST 141.72 FEET;
THENCE NORTH 38033'23'' WEST 173.75 FEET;
THENCE NORTH 33°23'11'' EAST 107.58 FEET;
THENCE NORTH 30°51'21'' WEST 113,95 FEET;
THENCE SOUTH 79°07'48'' WEST 120.32 FEET;
1870
EXHIBIT "B" CONTINUED
THENCE NORTH 73°32'06'' NEST 257.58 FEET;
THENCE SOUTH 81°22'27'' NEST 113.16 FEET;
THENCE NORTH 63038'47'' NEST 123.06 FEET;
THENCE SOUTH 48°06'15'' NEST 98.63 FEET;
THENCE SOUTH 24°56'05'' NEST 100.75 FEET;
THENCE SOUTH 72°55'31" NEST 131.60 FEET:
THENCE NORTH 58°55'20'' NEST 243.05 FEET;
THENCE NORTH 81°34'48" NEST 148.18 FEET;
THENCE NORTH 31043'07'' NEST 160.71 FEET;
THENCE NORTH 57o05;31: NEST 51.92 FEET TO A POZNT NHZCH LZES ON
THE NORTHERLY BOUNDARY LZNE OF SAZD LOT 20 AND THE TERMINUS OF
SAZD CENTER LZNE.
THE SZDELZNES OF SAZD EASEMENT ARE TO TERMZNATE ZN THE NORTHERLY
BOUNDARY LZNE OF SAZD LOT 20.
EXHIBIT "B" CONTINUED
PARCEL 2:
A STRIP OF LAND LYING WITHIN LOT 20 OF SAID MAP NO. 12388, EIGHT
FEET WIDE~ FOUR FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
BEGINNING AT A POINT WHZCH BEARs SOUTH 52°20'10" EAST 28.73 FEET
FROM SAZD POINT "A" OF PARCEL 1 SAID POINT ALSO BEING THE
WESTERLY TERMINUS OF THE CENTER LINE OF A 20 FOOT WIDE EASEMENT
FOR THE PURPOSES OF HIKING AND HORSEBACK RIDING RECORDED SEP-
TEMBER 26, 1985 AS FILE/PAGE NO. 85-357302 OF OFFICIAL RECORDS.
THENCE NORTH 52'20'10" WEST 28.73 FEET TO SAID POINT
THENCE SOUTH 62'33'06" WEST 424.52 FEET;
THENCE NORTH 73'49'36" WEST 359.46 PEET;
THENCE NORTH 38'02'11" WEST 432.53 FEET;
THENCE NORTH 82°06'58'' WEST 81.84 FEET;
THENCE SOUTH 64'32'54" WEST 580.25 FEET TO THE POINT OF TERMINUS*
WHICH LIES IN THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT 20 AND
BEARS NORTH 65°12'18'' WEST 1568.43 FEET FROM THE MOST SOUTHERLY
CORNER OF SAID LOT 20.
THE S/DELZNES OF SAID EASEMENT ARE TO TERMINATE EASTERLY AT SAID
20 FOOT WIDE EASEMENT AND WESTERLY ZN THE SOUTHWESTERLY BOUNDARY
LINE OF SAID LOT 20.
EXCEPTING THEREFROM PARCEL 1.
1872
EXHIBIT "B" CONTINUED
PARCEL 3:
A STRIP OF LANO LYING WITHIN LOT i OF SAIO MAP NO. 12338, EIGHT
FEET WIDE~ FOUR FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1;
THENCE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT NORTH
54o19'17" WEST 445.78 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 35°33'26" WEST 72.80 FEET;
THENCE NORTH 45°03'47'' WEST 359.81 FEET;
THENCE SOUTH 88°02'31'' WEST 133.15 FEET TO THE POINT OF TERMINUS
WHICH LIES ZN THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT 1 AND
BEARS SOUTH 54o19'17'' EAST 235.g9 FEET FROM THE MOST WESTERLY
CORNER OF SAID LOT.
THE SIDELINES OF SAID EASEMENT ARE TO TERMINATE IN THE SOUTH-
WESTERLY BOUNDARY OF SAID LOT 1.
EXHIBIT "B" CONTINUED
PARCEL 4:
A STR'rp OF LAND ACROSS LOTS 2, 3w 7, 8, 9, 10 AND 21 (BROOKSTDE
LANE) OF SATD HAP NO. 1Z338, ETGHT FEET WTDEt LYTNG SOUTHERLY
THEREOF~ MEASURED AT RTGHT ANGLES THERETO~ THE FOLLOWTNG
DESCRTBED LTNE:
BEG'rNNZNG AT THE NORTHEASTERLY CORNER OF LOT 10 OF SA'rD MAP NO.
12338;
THENCE SOUTH 87°02'13'' WEST 1161.41 FEET TO THE pO~rNT OF TER-
MZNUS. SAZD POZNT BEARS NORTH 15-03'15" EAST 279.79 FEET FROM
THE MOST WESTERLY CORNER OF SAZD MAP.
THE SOUTHERLY SZDELTNE OF SAZD EASEMENT TERMZNATES EASTERLY AT
THE EASTERLY BOUNDARY LZNE OF SA'rD LOT 10 AND TERMZNATES WESTERLY
AT A LZNE WHZCH BEARS SOUTH 15o03'15'' WEST FROM SA'rD PO'rNT OF
TERMI'NUS. SA'rD L'rNE ALSO BEI'NG THE MOST WESTERLY BOUNDARY L'rNE
OF SA'rD MAP NO. 12338.
~Exp. 6-30-92~ )
I874
EXHIBIT "B" CONTINUED
PARCEL 5:
A STRZP OF LAND ACROSS LOTS 10~ 11, 14, 15 AND lg OF SAZO MAP NO.
12338, FZVE FEET NZDE~ LYZNG NESTERLY THEREOF~ HEASURED AT RZGHT
ANGLES THERETO~ THE FOLLOWZNG DESCRZBED LZNE:
BEGZNNZNG AT THE NORTHEASTERLY CORNER OF LOT 10 OF SAZD HAP NO.
12338;
THENCE SOUTH 1o30'57'' EAST 736.82 FEET TO THE PO/NT OF TERMZNUS.
THE WESTERLY SZDELZNE OF SAZD EASEMENT TERM/NATES NORTHERLY AT
THE NORTHERLY BOUNDARY LZN£ OF SAZD LOT 10 AND TERMZNATES
SOUTHERLY AT A LZNE WHZCH BEARS SOUTH 88°29w03'~ WEST FROM SA/D
POZNT OF TERMZNUSo
EXCEPTZNG THEREFROH PARCEL 4.
PARCEL 4