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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 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 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: