2001-195829 · '001 01. 5829
RECORDING REQUESTED BY: ) Apr 02, 2001 4: 30 PPi
)
OFFICIAL REC1]RI)8
CITY OF ENC1NITAS ) ~ DIE~ COUNTY R[CORt)ER'8 OFFICE
) ~GORY J. SMITH, COtNTY RECORI)ER
WHEN RECORDED MAIL TO: ) FEES: 0.00
) 0~:
CITY CLERK )
CITY OF ENCINITAS )
505 SOUTH VULCAN AVENUE )
ENCINITAS, CA 92024
)
For the benefit of the City of Encinitas
ASSES~;_~ARCELNO. 264-430-05 PROJECT NO. TM 91-198
: ~'~ GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A. Wesley W. Peltzer and Sharon Peltzer, husband and wife as community property
("OWNERS", hereinafter) are the owners of real property described in Exhibit "A' which is
attached hereto and made a part hereof ("PROPERTY" hereinafter).
For valuable consideration, OWNERS hereby grant to the City of Encinltas ("CITY"
hereinafter), (for the benefit of CITY), an easement across the PROPERTY located as described
in Exhibits "A" and "B", which are attached hereto and made a part hereof, for Public
Recreational Trail purposes only. This easement will allow members of the public to walk, jog,
run, ride horses, and operate non-motorized bicycles only within the easement area. No
motorcycles or other motor vehicles of any kind shall be permitted on the trails with the
exception of emergency and maintenance vehicles. No other uses shall be permitted in the
easement area.
B. As a material term of this easement, the CITY shall be solely liable and responsible at all
times for the maintaining the easement area and all trail improvements in the easement area in a
good and safe condition for the CITY's intended purpose at the CITY's sole cost and expense.
The OWNERS, any lenders, and their successors and assigns shall have no liability or
responsibility whatsoever for maintaining or improving the easement area or any improvements
within the easement area.
C. The CITY agrees to properly and safely maintain the trails and related improvements at
all times. Construction and maintenance activities include, but are not limited to, work on,
below, and above the surface of the easements for any improvements constructed by or for the
CITY.
D. The CITY shall have no right to assign or grant this easement to any person or entity
without the prior written consent of OWNERS and their successors or assigns. The OWNERS
and their successors or assigns shall have no obligation to grant this consent and may deny this
consent, in their sole discretion. This section shall not apply to successors in interest of the
CITY.
E. As a material term of this easement, the CITY shall refrain and to the extent reasonable
ensure that the public uses the easement in a manner which does not create any private or public
nuisance and in a manner which does not damage or harm the PROPERTY or interfere with the
quiet enjoyment or the PROPERY by OWNERS or their successors and assigns.
F. As a material term of this easement, the CITY agrees to hold harmless, indenmify, and
defend the OWNERS, Merrill Lynch Credit Corporation, and any subsequent lender loaning the
OWNERS or any successor or assigns any sum secured by any trust deed or other interest in the
PROPERTY, from and against any liability claims, causes of action, actions, losses, damages,
fines, penalties, fees, costs, and expenses, of whatever type or nature, including all attorney's
fees, expert fees and costs, and court costs incurred by any of the indemnified parties arising
from a defense of any such claim or action, except claims and causes of action caused by the sole
negligence or intentional misconduct of the indemnified parties. This indemnity and hold
harmless includes, but is not limited to, all claims and causes of action by any person or entity
for injury to or death of any person or damage to any real or personal property. In the event that
any claim or action is made against any of the indemnified parties, the indemnified parties shall
be entitled to appoint their own independent counsel to represent them, and the CITY agrees to
pay all reasonable attorney's fees, expert fees and costs, and court costs incurred by the
indemnified parties within thirty (30) days of receipt of the bill. This indemnity shall be
construed at all times so as to afford the broadest protection of the indemnified parties in
recognition of the fact that OWNERS have left the easement area in a natural condition and have
separated the easement area from their own property by a fence.
G. In the event of any action or proceeding to interpret, enforce, or invalidate any term of
this easement, venue shall lie only in the North County Judicial District, County of San Diego.
This easement shall be construed at all times in accordance with the laws of the State of
California.
H. 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.
I. In the event of any action or proceeding that is initiated to challenge, invalidate, enforce,
or interpret any of the terms of this easement, the prevailing party shall be entitled to all
attorney's fees, all expert fees and costs, and all litigation fees, costs, and expenses in addition to
any other relief granted by law.
/
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.
Director of Engineering Services
EXHIBIT A
THAT PORTION .OF LOT 5 OF CITY OF ENCINITAS TRACT N0.88-038 ACCORDING TO MAP
THEREOF N0.15140 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON SEPTEM-
BER 15, 1994 AS DOCUMENT NO. 94-551774, O.R., CITY OF ENClNITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY BOUNDARY CORNER OF SAID LOT 5; THENCE SOUTH
61'45'10" EAST (SOUTH 62' 19' 38" EAST PER MAP N0.15140), ALONG THE NORTHEASTERLY
BOUNDARY LINE OF SAID LOT, 247.32 FEET TO THE BEGINNING OF A 126.50 FOOT RADIUS
CURVE, CONCAVE NORTHERLY, WHICH BEARS SOUTH 07'07'$3" WEST FROM THE RADIUS
POINT OF SAID CURVE; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 19'21'09", 42.75 FEET; THENCE NORTH 56'52'44" WEST 15.85 FEET TO
A POINT WHICH LIES 7.00 FEET SOUTHERLY OF MEASURED PERPENDICULAR TO SAID NORTH-
EASTERLY BOUNDARY LINE; THENCE PARALLEL W1TH SAID LINE, NORTH 61'45'10" WEST 157.08
FEET TO 3'tie BEGINNING OF A TANGENT 40.05 FOOT RADIUS CUR~£ CONCA~{ SOUTHERLY;
THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°50'58'', A
DISTANCE OF 20.86 FEET TO THE WESTERLY BOUNDARY OF SAID LOT 5; THENCE NORTH
17'58'23': VCEST (NORTH 18'32'51" WEST PER MAP N0.13140), ALONG SAiD BOUNDARY 17.80
FEET TO THE POINT OF BEGINNING.
CONTAINING 1701 SQUARE FEET, 0.039 ACRES.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ~'~9£v~-c~ c~ ~ 2_ot3~ , before me, Carrie McCabe , a notary public, personally appeared
_c-~'~ ~w ~ r-, ~)e~ I'~-z~ e-U<. ,~person~ly ~o~ to me - OR - ~ proved to me on ~e b~is of
satisf~to~ evidence to be ~e person~) whose nme(8) is/~ subscribed to ~e M~in ins~ent ~d
ac~owledged to me ~at ~/she/~ executed ~e sine in ~er/t~ au~orized capaci~(i~, ~d ~at by
~er/~r silage(g) on ~e ins~em ~e person~, or ~e emi~ upon behalf of which ~e person acted,
executed ~e inst~ent.
W essmy a,.
~ Si~at~e of Not~
OPTION~
Though ~e dam is not required by law, it may prove v~uable to persons relying on the docment ~d could
prevent fraudulent rea~ac~ent of ~is fo~.
CAPACITY CLM~D BY SIGNER DESC~PTION OF ATTACHED
DOCUMENT
~D~IDU~
~CO~O~TE OFFICER
Title(s) Title or T~e of Doc~ent
P ER(S) rmITD
~GENE~L
~TRUSTEE(S) Nmber of Pages
~GUA~/CONSERVATOR
~OTHER:
Date of Docment
SIGNER IS ~P~SENT~G:
Nme of Pemon(s) or Enti~(ies)
Sider(s) o~er ~ nmed above
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On ~b ra.x~zy,x a ~ i,)c~l , before me, Carrie McCabe , a notary public, personally appeared
IL) ca$~ ~e~-~ t~2. ~D~///- z~ c~,_ ,~g~personally known to me - OR - E proved to me on ~e basis of
satisfactow ew~ence to be ~e person~ whose nme~ is/~ subscribed to ~e wi~n ins~ent ~d
ac~owledged to me that he/~/~y executed ~e sine in hs~i/~r au~ofized capacity, ~d ~at by
hs~r signa~e~ on ~e inst~em ~e person~, or the emi~ upon behflf of w~ch ~e person acted,
executed ~e ins~ent.
Witness my h~d ~d officifl sefl.
~ Si~e of Not~
OPTION~
Though ~e data is not required by law, it may prove v~mble m persons rel~ng on the docment ~d could
prevent ~audulent reamc~ent of this fo~.
C~ACITY CL~MED BY SIGNER DESC~PTION OF ATTACHED
DOCUMENT
DWIDU~
CO~O~TE OFFICER
Tffie(s) Title or T~e of Docmem
~ATTO~EY-~-FACT
~TRUSTEE(S) N~ber of Pages
~GU~N/CONSERVATOR
~OTHER:
Dine of Doc~ent
SIGNER IS ~P~SENT~G:
N~e of P~rson(s) or Enti~(ies)
Si~effs) o~er ~ n~ed above