Loading...
1990-461786 2363 5l? 6 RECORDING. REQUESTED BY: WHEN RECORDED MAIL TO.' ~'~:~ City Engineer City of Encinitas ~~----2'"' 537 Encinitas Boulevard Encinitas, CA 92024 Space above ) for Recorder's Use GRANT OF EASEMENT FOR RECREATIONAL TRAILS ~EE A. Parties and Grant of Easement. Pursuant to the "Declaration of Restrictions of Country Rose Planned Development" recorded May 27, 1988, File/Page No. 88-252904, Official Records of San Diego County, the "First Amendment to Declaration of Restrictions of Country Rose Planned Development" recorded October 26, 1988, File/Page No. 88-546482, Official Records, San Diego County, and "the Declaration of Annexation and Restrictions" recorded October 28, 1988, File/Page No. 88-552942, Official Records, San Diego County, California, the Country Rose Owners' Association, Inc., a California nonprofit mutual benefit corporation ("OWNER" hereinafter) is authorized and empowered to grant an easement across the property described in Exhibit A, attached hereto and made a part hereof. Attached hereto as Exhibit C and made a part hereof is a certificate of the Secretary of the Country Rose Owners' Association. The Olivenhain Municipal Water District (hereinafter "DISTRICT") is the grantee of an easement for water district purposes (hereinafter "DISTRICT EASEMENT") located as described in Exhibits "B-l" and "B-2", which are attached hereto and made a part hereof. OWNER hereby grants to the City of Encinitas (hereinafter "CITY"), for the benefit of CITY, an easement across the property described in Exhibit A for public recreational trail purposes which include, without limitation, use by members of the public and the lot owners within the Country Rose project, to walk, jog, run, ride horses, and operate non-motorized bicycles. However, no motorcycles or other motor vehicles shall be permitted on said easement except for emergency and maintenance vehicles. DISTRICT hereby consents to the foregoing easement for the benefit of CITY insofar as it affects the property described in Exhibits B-1 and B-2. B. Construction of Recreational Trail. Shea Homes Limited Partnership, a California limited partnership ("SHEA"), shall be solely responsible for all fees, costs, and expenses of whatever type or nature associated with the original construction of the recreational trails and related improvements. All DISTRICT facilities within the easement shall be protected by SHEA in connection with such construction. The DISTRICT shall be notified at least thirty-six (36) hours in advance of CITY's or SHEA's excavation in any area covered by this EASEMENT and shall be permitted to inspect and approve all construction. q - 364 C. Maintenance of Trails and Related ?mprovements. 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. CITY agrees to maintain the trails and related improvements so as to avoid damage or injury to the DISTRICT's facilities. D. Payment for all Damaqes and Expenses Caused by Trail Improvements. CITY shall pay for all damages of whatever type or nature which may occur to the DISTRICT EASEMENT or the DISTRICT's facilities within the easement as a result of maintenance, use, repair, removal, or relocation of the trails and related improvements. E. Expansion or Relocation of DISTRICT Facilities. The DISTRICT shall be entitled to alter, expand, or relocate any of its existing facilities within the easement area as the DISTRICT shall determine in its sole discretion. F. DISTRICT Not Liable for Expansion, Relocation, Alteration of Its Facilities. The DISTRICT shall not be liable for any damages, fees, losses, or costs of whatever type or nature to the CITY's facilities or its use of the DISTRICT easement arising from the DISTRICT's construction, use, repair, replacement, relocation, expansion, or alteration or any DISTRICT facilities within the easement or as a result of the DISTRICT's decision to abandon the easement or change its location. DISTRICT shall notify CITY at least thirty-six (36) hours in advance of DISTRICT's excavation in the area covered by the easement. It shall be the sole responsibility of CITY to protect and/or restore its existing facilities during and after completion of work by DISTRICT. The DISTRICT shall be responsible for protecting the public for work being performed by the DISTRICT on the easement during the period of time this work is being performed. G. Prior Riahts. This easement shall not alter, modify, or terminate, in any way, any of the prior rights of DISTRICT to use, enjoy, and maintain the DISTRICT EASEMENT in accordance with its terms. All prior rights of the DISTRICT in the easement are hereby expressly reserved. H. Construction and Maintenance of Driveways and Underaround Utilities. Pursuant to a permit issued by the CITY, OWNER (and/or the fee owner of the land burdened by the easement) may construct and maintain driveways and install underground utilities across the easement subject to the following conditions: 2 194911DGrant/O51790/ija m 2366 L. Attorney's Fees. In the event of any legal or equitable proceeding to enforce or int.e.rpret the terms or STATE OF C^LIFORNIA )ss. COUNTYOF~ E-]--~ } costs in On June 4, 1990 ~uc fforded by , before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas F. Noon and We s 1 ey Popp 1 ewe 11 , personally known to me (or proved to me on the ;i~C iat ion, basis of satisfactory evidence) to be the persons who executed the within instrument as ~ mutua 1 Vice President and Asst. Secretary, on behalf of J. F. Shea Co., Inc. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors, said corporation being esident known to me to be the general partner of Shea Homes Limited Partnership such partner and that such partnership executed the same. C ret Signatur . - _L~_ _ ~ Et ~',_~_0__ (This area for official notarial seal) ter' District STATE OF CALIFORNIA COUNTY OF San DiegQ On J t~P.e 4, 1990 , before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas F. Noon and ~ nership, Marilee Irvine _, personally known to me (or proved to me on the nership .... President and ..... Secretary, onbehalfof Country Rose Owners Association such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. 91~qC~l. resident WITiqESS hand and official ~~ ~lE~O COtJN~, Signatur · -- (This area for official notarial seal) Secretary STATE OF CAL[FOP~q[A COUNTY .Q~ SAN DIEGO the undersigned, a Notary Public in and for said County and State, FOR NOTARY SEAL OR STAMP personally knov~p.L~e. ,to be .th$ persons who executed this &l~J{ OIE~ C0UhlY /uD~-~f- ~ of the OLIVENHAIN - - ~ MUNICIPAL WATER DISTRICT and acknowledged to me that the OLIVENHAIN MUNICIPAL WATER Dl~.l.~l~exe~ed it~ Notary Public in and for said County and State 365 ACCEPTANCE BY CITY I accept, on behalf of the City Council of the City of Encinitas, pursuant to the authority conferred by Resolution 87-72 of said Council, adopted on July 27, 1987, the foregoing easement and consent to the recordation thereof by its duly authorized officer. ~ Warr~ H. Shafer, City Manager " 2369 EXH?B'rT "A" THE EASTERLY EIGHTEEN (18.00) FEET OF LOT 55 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHOWN ON MAP OF CITY OF ENCINITAS TRACT NO. 4574 PER MAP NO. 11809 RECORDED ON MAY 18, 1987, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THE EASTERLY 18.00 FEET OF SOUTHERLY 18.00 FEET OF LOT 54 OF SAID MAP NO. 11809. ALSO TOGETHER WITH THE MOST EASTERLY 18.00 FEET OF LOT 73 OF SAID MAP NO. 11809, SAID EASTERLY 18.00 FEET ADJOINS THE EASTERLY 18.00 FEET OF SAID LOT 54 AND 55. ~'OHN W. HILL, JR., L.S. 5669 61-135X 8/2/90 WP: LEGAL302 -. 2370 EXHIBIT "B-l" LEGAL DESCRIPTION OF W~TER DISTRICT EASEMENT WITHIN LOT $$ OF COUNTRY ROSE THOSE PORTIONS OF LOT 54, 55 AND 73 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHOWN ON MAP OF CITY OF ENCINITAS TRACT NO. 4574 PER MAP NO. 11809 RECORDED ON MAY 18, 1987, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND SHOWN ON SAID MAP AS FOLLOWS: "EXISTING EASEMENT GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT ON MARCH 16, 1982 AS F/P 82-070039 OF O.R." AND "EXISTING EASEMENT GRANTED TO OLIVENHAINMUNICIPAL WATER DISTRICT ON DECEMBER 28, 1978 AS FILE/PAGE 78-555431 OF O.R." JOHN'W. HILL, JR., L.S. 5669 61-135X MH:ky 8/2/90 WP:LEGAL303 Fi' IlO. 4~1 ss~£'r ~ o~ ,o s.~'rs I R.~ ACRES ~,~ANN RTE ~e~4e'ts'E SF~EF) [ ~ ~1~ ~1~ ~ r l~/ I ~ AC~ES :~' ~ ~~m~cr.~ I ~VA BXB~B~ B-2 2372 EXHIBIT C Secretary's Certificate The undersigned, Secretary of Country Rose Owners' Association, a California nonprofit mutual benefit corporation, certifies that the "Grant of Easement for Recreational Trails" to which this Certificate is attached, and the "Grant of Easement for Recreational Trails" previously recorded on November 29, 1988 as File/Page No. 609518, Official Records, San Diego County, california, were duly executed by the officers of the Association pursuant to authorization from the Board of Directors, after approval by more than a majority vote of the then-members of each class of owners, all in accordance with Section 3.8 of the Declaration of Restrictions of Country Rose Planned Development recorded May 27, 1988, File/Page No. 88-252904, Official Records, San Diego County, California. ~ '~12~ ~ DATED: ~/'~/~© MarileeIrvine, Secretary NO. 202 CORPORATE ACKNOWLEDGMENT State0f _ California__ Onth[sthel_Sthdayof June 1990 .bef0reme. Countyof ~3J:3~D~.~- Marcia J- McCarroll __ the undersigned Notary Public, personally appeared Marilee Irvine -- ~ personally known to me [i~ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as  _ Sec~ or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. N ota'ry'~s Sig natu~'e "Ii NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave · P.O Box 7184 · Cancga Park, CA 91304-748 7120 122 t94911[)SecCert/051790/ija