1988-609518 Recording Requested By: ) THE ORIGINAL Of THIS DOCUMENT WAS RECORDED
) 140;/...2.2._1988..FLE(PAGE
When Recorded Mail To: ) viKA L. LYLE, COUNTY RECORDER
City Engineer )
CITY OF' ENCINITAS )
527 Encinitas Boulevard )
Encinitas, California 92024 )
) SPACE ABOVE FOR
AR At 264 -Z9/- 7to(vvei°tisj RECORDER'S USE
DOCUMENTARY TRANSFER TAX $__...... / ---�-
Z_L)( /VC, 04j-o1
GRANT OF EASEMENT FOR RECREATIONAL TRAILS
A. J.F. Shea Co, Inc., dba, Shea Homes ("OWNER" hereinafter)
is the owner of real property described in Exhibit A which is
attached hereto and made a part hereof and which is commonly
known as, Country Rose, Olivenha n ("PROPERTY"
hereinafter) . In consideration of the approval by the City of
Encinitas ("CITY" hereinafter) of a map of the subdivision of
PROPERTY, OWNER hereby grants to CITY, (for the benefit of
CITY) , easements across PROPERTY located as described in
Exhibit B and illustrated in Exhibit C, which are attached
hereto and made a part hereof, for public recreational trail
purposes which include, without limitation, use by members of
the public to walk, jog, run, ride horses, and operate non-
motorized bicycles. However, no motorcycles or other motor
vehicles shall be permitted on the trails with the exception of
emergency and maintenance vehicles.
B. CITY agrees to properly and safely maintain the trails 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 easements .
CF/04/COV1-70WP (11-7-88)
C. Pursuant to a permit issued by the CITY, private owners of
lots adjacent to the easement granted to the CITY may construct
and maintain driveways and install underground utilities across
the easement, subject to the following conditions:
1) No culverts, berms, ditches or other features which may
impede or restrict the intended use of the trail shall be
permitted.
2) The surface of the driveway which crosses the easement
must be smoothed to a level satisfactory to the City
Engineer.
3) The grade of the 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 any 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 representatives, 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
CF/04/COV1-70WP (11-7-88)
entitled to rei~ursement of all~osts, including
reasonable attorneys' fees, from the other pa~cy.~__~
Dated /~/~/~ Owner-~.-~~_
- - (N6~rize) ~o~s F. ~on
Vice President/~neral Manager
STATE OF )
)ss.
County of )
On , 19__ before me, the
undersigned, a Notary Public in and for said County known to me
to be the person whose name
subscribed to the within instrument, and acknowledged that __
executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
I accept on behalf of the City Council of the City of
Encinitas, pursuant to the authority conferred by the
Resolution of said Council adopted on July 27, 1987 the
foregoing easement and consent and to the recordation thereof
by its duly authorized officer.
Warren H. Shafer
City Manager
CF/04/COVl-70WP (11-7-88)
1670
EXHIBIT "A"
CITY OF ENCINITAS, TRACT NO. 4574
Lots 1 through 75 inclusive, and Fortuna Ranch Road, of
Map No. 11809, in the City of Encinitas, County of San Diego,
State of California, filed in the office of the County
Recorder of San Diego County, May 18, 1987.
ohn w. Hill Jr. L.S. 5669
11-10-88
H&A San Diego, Inc.
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0 1 $ ? !
LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 1
Those portions of Lots 6 through 13 inclusive, 23, and
75 (Calzada Amanecer) within Tract No. 4574, in the City of
Encinitas, County of San Diego, State of California,
according to Map thereof No. 11809 recorded in the office of
the county Recorder of said County, described as follows:
PARCEL A
The northerly 18.00 feet of said Lot 6.
PARCEL B
The northerly 18.00 feet and the westerly 18.00 feet of
said Lot 7.
PARCEL C
The northerly 18.00 feet of said Lot 8.
PARCEL D
The northerly 18.00 feet of said Lot 9.
PARCEL E
The northerly 18.00 feet of said Lot 10.
PARCEL F
The northerly 18.00 feet and the westerly 18.00 feet of
said Lot 11.
PARCEL G
The westerly 18.00 feet of said Lot 12.
PARCEL H
/ The westerly 18.00 feet of said Lot 13.
PARCEL I
The easterly 18.00 ·feet of said Lot 23.
PARCEL J
That portion of said Lot 75 lying within a strip of land
18.00 feet wide, the centerline of which is described as
follows:
Beginning at the northeast corner of said Lot 23 thence
along the northerly boundary of said Lot 23 North
86°59'14'' West 9.00 feet to the True Point of Beginning;
thence North 3°00'46'' East. 9.00 feet to a point on a line
which is parallel with and 9.00 feet northerly measured at
right angles to the northerly boundary of said Lot 23; thence
along said parallel line South 86°59,14,,East 152.27 feet;
thence leaving said parallel line North 3°00,46''. East 47.00
feet to a point on the southerly line of said lot 7 being the
point of terminus.
hn ~. H~ll Gr. L.$. 5669
10-24-88
H&A San Diego, Inc.
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LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 2
Those portions of Lots 1, 5 and 25, within Tract No.
4574, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 11809 recorded in
the office of the County Recorder of said County, described
as follows:
PARCEL A
The northerly 18.00 feet of said Lot 1.
PARCEL B
The northerly 18.00 feet of said Lot 5.
PARCEL C
That portion of said Lot 25 lying westerly of a line
parallel with and 18.00 feet northeasterly of that certain
course in the boundary of said Lot 25 shown on said map as
"North 25°04,51'' West 200.30'" and its northwesterly
prolongation. ~
John W. Hill Jr. L.S. 5669
9-20-88
H&A San Diego, Inc.
Legal147
1674
LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 3
That portion of Lots 43, 54, and 74 (Caminito Recuerdo)
within Tract No. 4574, in the City of Encinitas, County of
San Diego, State of California, according to Map thereof No.
11809 recorded in the office of the County Recorder of said
County, described as follows:
PARCEL A
The southerly 18.00 feet of said lot 43.
PARCEL B
The southerly 18.00 feet of said lot 54.
PARCEL C
The southerly 18.00 feet of said lot 74.
9-20-88
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LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 4
Those portions of Lots 38 through 42 inclusive of
Tract No. 4574, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No.
11809 recorded in the office of the County Recorder of said
County, described as follows:
PARCEL A
The southwesterly 18.00 feet of said lot 38.
PARCEL E
The southwesterly 18.00 feet of said lot 39.
PARCEL C
The southwesterly 18.00 feet of said lot 40.
PARCEL D
The southerly 18.00 feet of said lot 41.
pARCEL E
The southerly 18.00 feet of said lot 42.
Jo~ W. Hill Jr. L.S. 5669
9-16-88
H&A San Diego, Inc.
JWH:ky
legal142
0 1676
LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 5
Those portions of Lots 63, 64 and 65 of Tract No. 4574,
in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 11809 recorded in
the office of the County Recorder of said County, described
as follows:
PARCEL A
The westerly 18.00 feet of said Lot 63.
PARCEL B
The westerly 18.00 feet of said Lot 64.
PARCEL C
The westerly 18.00 feet of said Lot 65.
Jean W. Hill Jr. L.S. 5669
9-16-88
H&A San Diego, Inc.
JWH: ky
legal143
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LEGAL DESCRIPTION OF
EQUESTRIAN TRAIL EASEMENT
WITHIN PHASE 6
Those portions of Lots 14, 22, 36, 37, 66, 67, 68 and
73, Bumann Road and Fortuna Ranch Road within Tract No.
4574, in the City 0f Encinitas, County of San Diego, State of
California, according to Map thereof No. 11809 recorded in
the office of the County Recorder of said County, described
as follows:
PARCEL A
The westerly 18.00 feet of said Lot 14.
PARCEL B
The northerly 8.00 ,feet of said Lot 37.
PARCEL C
The northerly 8.00 feet of said Lot 66.
PARCEL D
The northerly 8.00 feet of said Lot 67.
PARCEL E
The northerly 8.00 feet of said Lot 68.
PARCEL F
The northwesterly 8.00 feet of the southwesterly 400.00
feet of said Lot 36.
PARCEL G
. An 18.00 foot wide strip of land within Fortuna Ranch Road
lying easterly and adjacent to the northerly prolongation of
the west lot line said of Lot 66.
0 1678
PARCEL H
An 18.00 foot wide strip of land within Fortuna Ranch Road
lying northeasterly and adjacent to the southeasterly
prolongation of that certain course in the boundary of Lot
21 of said Map No. 11809 shown on said map as "North
25°04t51'' West 200.30' feet.
PARCEL I
A strip of land 8.00 feet wide within Bumann
Road lying adjacent to and southeasterly of that certain
line shown on said map as "Limits of Bumman Road".
PARCEL J
A strip of land 10.00 feet wide within said Fortuna Ranch
Road 60.00 feet wide, the southerly line of which is the
southerly right of way line of said road lying between the
westerly boundary of said tract and a point which is 400.00
feet northeasterly along said right of way from the most
westerly corner of said Lot 36.
PARCEL K
The southwesterly 18.00 feet of lot 37.
PARCEL L
The easterly 18.00 feet of said Lot 22.
Hill Jr. L.S. 5669
9-16-88
H&A San Diego, Inc.
JWH: ky
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