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2002-773057RECORDING REQUESTED BY: ~E:EiF:' iLO, 200~ 4: 2(S OFFiCiAL ?ECORD8 CITYOF ENC~ITAS ~' "," ~ ~r',~ , , o , ,m GEGORY F. SMITH, COUNTY RECORER ~gN ~CO~gD ~AIL TO: FEES: 0.00 0C: M~ CITY CLE~ CITY OF ENC~ITAS 505 SOUTH VULCAN AVENUE ENC~ITAS, CA 92024 For ~e benefit of the City of Encinitas ~SSESSOR'S P~RCEL NO. 257-520-51 PRO,CT NO. TM96-028 ~ G~NT OF EASEMENT FOR ~C~ATIONAL T~ILS A. SANDALWOOD IN ENCINITAS HOMEO~ERS ASSOCIATION, a California nonprofit mutu~ benefit co~oration ("O~ER", hereina~er) is ~e o~er of real properly described in Exhibit "A" which is attached hereto ~d made a p~ hereof ("PROPERTY" hereinaRer). For v~uable consideration, O~ER hereby grits to ~e City of Eneinitas ("CITY" herein~er), (for the benefit of CITY), easemems across PROPERTY located as described in Exhibits "A" ~d "B", which ~e a~ached hereto ~d made a p~ hereof, for Public Recreational Trail p~oses which include, wi~om limitation, use by members of ~e public to walk, jog, ~, ride horses, ~d operate non-motorized bicycles. However, no motorcycles or o~er motor vehicles shall be pe~itted on the ~ails with ~e exception of emergency ~d maimen~ce vehicles. B. CITY agrees to properly ~d s~ely m~main the ~ails ~d related improvemems to a level satisfaeto~ to se~e suffieiemly ~e public need. Cons~etion ~d maimen~ce activities include, but ~e not limited to, work on, below, ~d above the s~face of the easemems. C. Pursuit to a pe~it issued by the CITY, private o~ers of lots adjacent to the easemem grated to the CITY may cons~ct ~d main~in &iveways ~d install ~derground milities across the easement, subject to the following conditions: 1) No eulvefls, be~s, ditches or other feat~es which may impede or res~ict the intended use of the ~1, shall be pe~itted. 2) The surface of ~y driveway which crosses the easemem must be smoothed to a level satisfaeto~ to ~e Director of Comm~ity Se~ices. 3) The grade of any driveway which 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 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 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 reimburse~including reasonable attorney's fees, from the other party. Dated ~/~I/OP Ownerll [13.~ 1] ~ II Dated t~/~-] ~~..- Owner ]~t~J ~' ~t~ 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. Peter Cota-Robles Director of Engineering Services STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) On August 21, 2002, before me, Lofinda J. Ansley, Notary Public, personally appeared Mark A.Muir, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. OFFICIAL SEAL ~ PUBLIC-CALIFORNIAffi ~ ~,.'~=~'~,/ SAN DIEGO · G:/pl-95/ack-all STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) On August 23, 2002, before me, Lorinda J. Ansley, Notary Public, personally appeared Kurt A. Groseclose, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. OFFIC'AL SEAL [ LORINDA J. ANSLEY ~ ~t ~NOTARY PUBLIC-CALIFORNIA~ COMM. NO. 119~ ~ O:/pl-95/ack-all EXHIBIT "A" LEGAL DESCRIPTION TRAIL EASEMENT ALL THAT PORTION OF LOT 89 OF ENCINITAS TRACT NO. 96-028, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13499 FILED IN THE OFFICE OF THE COUNTY RECORDER NOVEMBER 12, 1997, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 89; THENCE ALONG THE NORTH LINE OF SAID LOT 89 SOUTH 88029'24'' EAST (SOUTH 89°12'53'' EAST PER SAID MAP NO. 13499), 81.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88029'24'' EAST, 182.88 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 45°43'29'' WEST, 77.29 FEET; THENCE SOUTH 8°43'29'' WEST, 75.00 FEET TO THE EASTERLY LINE OF THE EASEMENT FOR PEDESTRIAN TRAIL AND RECREATION FACILITIES DEDICATED PER SAID MAP NO. 13499; THENCE ALONG SAID EASTERLY LINE NORTH 31 °01 '30" WEST (NORTH 31 °45'00" WEST PER SAID MAP NO. 13499), 77.62 FEET; THENCE NORTH 24°02'31'' WEST, 62.95 FEET; THENCE NORTH 79°59'31'' WEST, 51.22 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.174 ACRES MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SB&O, INC Encinitas Ranch - South Mesa Job NO 5445202, MAY24, 2002 1 OF 1 D'~54452tLEGALSITRAIL-ESMT2 WPD Cl~ OF ENCINITAS EN~INITAS TRACT NO. 96-028 LOT 89. MAP .0. 1~499