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