2003-465148 DOC 003-0465148
RECORDING REQUESTED BY: APR 22, -2003 4: 19
CITY
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
OF
ENCINITAS
WHE~I RECOEDEO MAIL TO: GEGORY J. ~ITH, 6OU~TY REBORDER
FEES: 0.00
OC= NA
CITY CL~
505 SOUTH VULCAN AVENUE
ENC~ITAS, CA 92024
For the benefit of the City of Encinitas
ASSESSOR'S PARCEL NO. 264-160-05
G~NT OF EASEMENT
FOR ~C~ATIONAL T~IL
A. R~cho Los Amigos, LLC ("O~ER", hereina~e0 is &e o~er of real prope~y
described in Exhibit "A' which is aRached hereto and made a p~ hereof "PROPERTY"
herein~e0.
For v~uable consideration, O~ER hereby grits to the City of Encinitas ("CITY"
hereina~er), for ~e benefit of CITY, ~ easemem across the PROPERTY located as
described in Ex.bit "B", which ~e attached hereto ~d made a p~ hereof, for Public
Recreation~ Trail p~oses which include, withom limitation, use by members of ~e
public to walk, jog, ~, ride horses, ~d operate non-motorized bicycles, together with
the right to remove buildings, st~ct~es, trees, bushes, undergro~, flowers, ~d ~y
other obs~ctions interfering with ~e use of said easement ~d in addition thereto, to
remove soil ~d other materials within s~d easement ~d to use the s~e in such a
m~er ~d at such locations as CITY may deem proper, need~l or necess~ in the
mainten~ce of said Recreational Trail or st~ct~es incidental thereto. No motorcycles or
other motor vehicles shall be pe~itted on the trails ~ the exception of emergency ~d
mainten~ce ve~cles.
B. CITY agrees to properly and Safely maintain the trail 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 easement.
C. CITY shall defend, hold harmless, and indemnify OWNER and its directors, officers,
employees, agents, contractors, and representatives (collectively "Indemnified Parties")
from and against all liabilities, penalties, costs, losses, damages, expenses, causes of
action, claims, demands, or judgements, including without limitation, reasonable
attorneys' fees, arising from or in any way connected with: (I) injury to or the death of
any person or physical damages to any property, resulting for any act, omission,
condition, or other matter related to or occurring on or about the Easement, regardless of
cause, unless due to any negligent act or omission or intentional act of the Indemnified
Parties and (2) the existence or administration of this Easement. In addition, CITY shall
undertake all reasonable actions to prevent the unlawful entry and trespass by persons
whose activities may degrade or harm the environmentally sensitive nature of the
Property.
D. This easement shall nm with the land, be binding upon, and inure to the benefit of the
encumbrancers, successors, heirs, personal representative, transferees and assigns of the
respective parties.
Dated 7:]Jc* / ! IS, ~ C(5 ~ Owner
Signat~e of O~ers to be not~ized.
A~ach the appropriate ac~owledgements.
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: .
PETER COTA-ROBLES
Director of Engineering Services
EXHIBIT "A'
BLOCK 90 OF COLONY OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326
FILED IN THE OFFICE OF THE COUNY RECORDER OF SAN DIEGO COUNTY,
JULY 8, 1885.
TOGETHER WITH THE EASTERLY HALF OF "M" STREET ADJOINING SAID
BLOCK 90 ON THE WEST; THE WESTERLY HALF OF "N" STREET ADJOINING
SAID BLOCK 90 ON THE EAST; THAT PORTION OF THE SOUTHERLY HALF OF
14 TH STREET ADJOINING SAID BLOCK 90 AND SAID PORTIONS OF "M" AND
"N" STREETS ON THE NORTH; THAT PORTION OF THE NORTHERLY HALF OF
13 TH STREET ADJOINING SAID BLOCK 90 AND SAID PORTIONS OF "M" AND
"N" STREETS OF THE SOUTH.
EXHIBIT "B"
ALL THOSE PORTIONS ADJOINING BLOCK 90 OF COLONY OLIVEHAIN, OF
MAP NO. 326 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNY JULY 8, 1885 DESCRIBED AS FOLLOWS:
THE SOUTHERLY 12.00 FEET OF THE NORTHERLY HALF OF 13 TH STREET
ADJOINING SAID BLOCK 90, TOGETHER WITH THE SOUTHERLY 12.00 FEET
OF BOTH THE EASTERLY HALF OF M STREET AND THE WESTERLY HALF OF
N STREET BOTH STREETS ADJOINING SAID BLOCK 90.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California ~
County of ,S*."- ~),...~ '" / ss.
On ~;I ~.~-.~ ,beforeme, ~L~.~.J'~.-~.Ne;lttl~lok././ p~l,~
personally appeared k/d~\~.~,~ 13 ~J'~l~r ~ ¢~, Pt, ~',.,J~e.,-
[] personally known to me
J~ proved to me on the basts of satisfactory
evidence
to be the persort~ whose name~ i~
i A.~-- ~OB~i{~'~M.'~N~iL~"' -- jj subscribed to the within instrument and
acknowledged to me that h~-~'~xecuted
~ ~_~j~ Commission Cf 12~6654 · the same in H~ ~wj e~r~ au'-~-/hY'Z~"h-"-~'-'~'thorized
'~ ~ Nolory Public - Colif~nio ~
~ Son D~ego County ~ capacit'~, and that "b--y hi~/h~
] '-,~.~ /v~C. omm.~,~j~ signature(~ on the instrument the persor~, or
............ · . the entity upon behalf of which the person~
acted, executed the instrument.
WITNESS nd and official seal.
OPTIONAL
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Description of Attached Document
Title or Type of Document: E.-r,~* o~ ~,d*t*,-~.v~-
Document Date: {) ''~ / I ~/O~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies} Claimed by Signer
Signer's Name:
[] Individual ~
[] Corporate Officer -- Title(s): Top of thumb here
[] Partner -- [~ Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing: