2004-648254
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. DOC# 2004-0648254
FREE RECORDING REQUESTED ) 1111111111111111111111111111111111111111111111111111111111111111111111
PURSUANT TO GOY. CODE )
SECTION 27383 ) JUL 13, 2004 3:52 PM
) OFFICIAL REDJF:DS
Recording Requested by and ) '3,6N DIECì[l mum'( RECORDER'S [lFFICE
/,:(; When Recorded, Mail To: ) CìRECìDR',' ,J SMITH C[lUNT'( REDJRDER
FEE':; 0.00
\\f ) [I[ N.c.,
~f~ City Clerk ) F'AGES 11
City of Encinitas ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
[ft 505 S. Vulcan Ave. )
tI Encinitas, CA 92024 )
J(ll) SPACE ABOVE FOR RECORDER'S USE
t1' . /
.-¡ APN No. 255-040-06-00
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¿ GRANT OF EASEMENT FOR RECREATIONAL TRAIL
The grantor is exempt from the Documentary Stamp Tax (CA Rev & Tax S 11911) by
virtue of 12 use. 1825(b)(1).
Documentary Transfer Tax is $ -. u '- City Tax $ - C) -
computed on full value of property conveyed, 0 or computed on full value less
value of liens or encumbrances remaining at time of sale,
0 Unincorporated area: D City of Encinitas, and
THIS GRANT OF EASEMENT FOR RECREATIONAL TRAIL (hereinafter "Grant
Easement") is made by and between Olivenhain Self Storage, LLC (hereinafter
"Grantor") and the City of Encinitas (hereinafter "Grantee").
WHEREAS, Grantor is the legal owner of a fee interest of certain real property located in
the County of San Diego, State of California, and described in the attached Exhibit A
(hereinafter "Property"); and
WHEREAS, it is intended that this Grant Easement is irrevocable and shall constitute
enforceable restrictions within the meaning of Article XIII, Section 8 of the California
Constitution and shall thereby qualify as an enforceable restriction under the provision of
the California Revenue and Taxation Code, Section 402.1;
NOW THEREFORE, the Grantor hereby Grants to the Grantee a (20) twenty foot wide
easement in perpetuity for the purposes of Public Access for Recreational Trails, located
on the subject Property and as specifically set forth by attached Exhibit B hereby
incorporated by reference.
BENEFIT AND BURDEN. This Grant Easement shall run with and burden the Property
and all obligations, terms, conditions, and restrictions hereby imposed and shall be
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deemed to be covenants and restrictions running with the land and shall be effective
limitations on the use of the Property from the date of recordation of this document and
shall bind the Grantor and all successors and assigns. This Offer shall benefit the Grantee.
DECLARA nON OF RESTRICTIONS. This Grant Easement shall not be used or
construed to allow anyone, prior to acceptance of the offer, to interfere with any rights,
established by a court of law, of public access acquired through use, which may exist on
the Property.
ADDITIONAL TERMS, CONDITIONS, AND LIMITATIONS. Prior to the opening of
the accessway, the Grantee, in consultation with the Grantor, may record additional
reasonable terms, conditions, and limitations on the use of the subject property in order to
assure that this Offer for public access is effectuated.
Construction and maintenance activities include, but are not limited to, work on, below,
and above the surface of the easement. A separate Work and Maintenance Agreement
(hereinafter "Agreement") by and between the Grantor and Grantee is described in the
attached Exhibit C.
INDEMNITY. The Grantee shall defend at its expense, including attorneys' fees,
indemnify and hold harmless the Grantor from any claims, actions, or proceeding against
the Grantor, it's elected officials, agents, officers and employees and any liabilities,
losses or damages arising from or relating to any negligent act, omission or intentional
misconduct of the Grantee or the Grantee's breach of any obligation under this
Agreement.
The Grantor shall defend at its expense, including attorneys' fees, indemnify and hold
harmless the Grantee from any claims, actions, or proceeding against the Grantee, it's
elected officials, agents, officers and employees and any liabilities, losses or damages
arising from or relating to any negligent act, omission or intentional misconduct of the
Grantor or the Grantor's breach of any obligation under this Agreement.
CONSTRUCTION OF VALIDITY. If any provision of these restrictions is held to be
invalid or for any reason becomes unenforceable, no other provision shall be thereby
affected or impaired.
SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions,
obligations, and reservations contained in this Grant Easement shall be binding upon and
inure to the benefit of the successors and assigns of both the Grantor and the Grantee,
whether voluntary or involuntary.
TERM. Upon recordation, this Offer and terms, conditions, and restrictions shall have the
effect of a grant of access easement in gross and perpetuity that shall run with the land
and be binding on the parties, heirs, assigns, and successors.
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GRANTOR'S ACKNOWLEDGEMENT
Dated: May 13 ,2004
OLiVENHAIN SELF STORAGE, LLC
By: /' kt?
Printed Name: Paul A. Peterson
Title: Manager
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On fill;)1 ,2otJlf before me, .^,tlttt¿ ¿ ~¡t;'-; . M<M'c
personall appeared 'auf /J~Vl,gtil1 personally kn w to me-me
on the basis of ootiafoctory evidonce to be the person~) whose nam isf.a.l:e
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/./:1.er/tlTe"ir authorized capacity~, and that by his/nor/thcir signatur$)
on the instrument the person(st. or the entity upon behalf of which the person~) acted,
executed the instrument.
WITNESS my hand and official seal. 1"-' .... ..... .... ..... ~~~S;Y;~ ..... -1
~ -~ Commission' 1333168 z
. . ~. Notary Public - California ~
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. ',~ San Diego County
Signature -,-v~ ti. ~rv j - - - -My..:":"~~,,:,:::~f
notary
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GRANTEE'S ACCEPTANCE
Dated: ~ LJ Y\. ~ ~ q ,d.O Q 4
CITY OF ENCINITAS
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By: .' / /( I
Print~ ame: e, ,tm \ II e ("-
Title: City Manager
GRANTEE'S ACKNOWLEDGEMENT
STATE OF CALIFORNIA)
)S.S.
COUNTY OF SAN DIEGO)
On this the~ day of ::r t 7V\ e , 2004, before mé-:t) e bo \--0.. \,.,
C ~ \ V 0 \'\ 'f' , , a Notary Public, personally appeared
-~ .ç (" \' 't . ì ~ \rV\ \ \ \ f' r- ' acting in the capacity therein stated, personally
known to me tor prO'.T€Jd to me on the baj¡! <¡ of <¡at! <¡f~ctory f>.V! dence) 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 entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
My Commission Expires:
-]1QU ~ql ~OO<:; 1~ c.(~
SIgnature Notary Public, State (jf California --
D e\'.J () \~ \, C" Q f' UO~, ¥'
Notary's Name Printed or Typed -
~"""~~~-~"'~r-~
0 DEBORAH CERVONE~
G COMM, , 1332384 ;:¡.
~ - : NOTARY PU8t./C-CAUFORNIA G>
.c SAN DIEGO CO\,lI. "'TV 0
COMM. EXP. NO¥. 2~^ 2005'"
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EXHIBIT "A"
Legal Description
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 1, OF RANCHO LAS ENCINITAS, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 27, 1898, WHICH LIES SOUTHERLY OF THE WESTERLY
PROLONGATION OF THE COMMON LINE BETWEEN LOTS 11 AND 12, OF SAID
RANCHO LAS ENCINIT AS.
BEGINNING AT THE NORTHWESTERL Y CORNER OF LOT 12 OF SAID MAP
NO. 848, SAID NORTHWESTERLY CORNER ALSO BEING A POINT ON THE
EASTERL Y LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG THE
EASTERL Y LINE OF SAID LOT 1, SOUTH 2°22'32" EAST 282.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE
SOUTH 87°37'28" WEST 45.00 FEET; THENCE NORTH 76°55'40" WEST 308.17
FEET, MORE OR LESS TO A POINT ON THE EASTERLY LINE OF THAT 150
FOOT WIDE EASEMENT IN FAVOR OF SAN DIEGO GAS AND ELECTRIC
COMPANY BY DOCUMENT RECORDED MARCH 8,1957 IN BOOK 6487, PAGE
466 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY; THENCE ALONG SAID EASTERL Y LINE
NORTH 20°06'52" WEST 110.00 FEET; THENCE LEAVING SAID EASTERL Y
LINE SOUTH 78°55'51" WEST 151.89 FEET MORE OR LESS TO THE WESTERLY
LOT LINE OF SAID LOT 1.
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EXHIBIT "C"
WORK AND MAINTENANCE AGREEMENT BETWEEN
OLIVENHAIN SELF STO RAGE AND THE CITY OF EN CINIT AS
FOR RECREATIONAL TRAILS MAINTENANCE
This Work and Maintenance Agreement ("Agreement") is made and entered into by and
between Olivenhain Self Storage, LLC (hereinafter "Grantor") and the City of Encinitas
(hereinafter "City").
A. RECITALS
1. The purpose of this agreement is to define the scope of work and maintenance granted
from the Grantor to the City for recreational trails on Olivenhain Self Storage property, as
part ofthe Encinitas Recreational Trails Master Plan.
2. The City has adopted the Encinitas Recreational Trails Master Plan. Part of the plan
calls for recreational trails to traverse what is commonly referred to as the SDG&E
Powerline Easement. A portion of the Easement runs through Olivenhain Self Storage
property. To further development of the Plan, the City is securing public access to the
property for purposes of recreational trails. The Grantor holds fee title to the property and
will grant an Easement for Recreational Trails to the City for public use.
Now therefore, the parties agree to as follows:
B. DUTIES
The City will perform all trail construction and maintenance as detailed below. The City
will also be responsible for all contractual and financial obligations for work completed
on the site in relation to recreational trail development and maintenance. The project site
will remain open to public access in perpetuity.
The City shall place trashcans at main entrances to the Property, develop a 6-foot wide
trail through the southeastern portion of the Property, and post appropriate signs in areas
agreed upon by the Grantor and the City. A map showing the locations where these tasks
will be accomplished will be provided to the Grantor prior to any work being conducted
by the City. The City shall coordinate all activities through and with the approval of the
Grantor.
The City will perform all trail maintenance. Trail maintenance shall consist of erosion
control, weed abatement, and sign maintenance on Recreational Trails depicted in Exhibit
"B" of the r t Easement,
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dated l..f7J1 0 . The City shall coordinate all work and trail maintenance through
and with the approval of the Grantor.
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The City shall not be responsible for any work not specifically addressed in this
agreement.
The Grantor shall not be responsible for any work not specifically addressed in this
agreement.
Access to the Property by City staff and work crews shall be coordinated through the
Grantor.
C. MISCELLANEOUS
1. Interpretation and Headings
The language in all parts of this Agreement shall in all cases be simply
construed according to its fair meaning, and not strictly for or against any
party. Headings of the paragraphs of this Agreement are for the purposes
of convenience only and the words contained in such headings shall in no
way be held to explain, modify, amplify, or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
2. Modification
This Agreement is not subject to modification except in writing signed by
all parties, and any attempted modification not in compliance with this
requirement shall be void. The parties shall use their good faith efforts to
complete such modifications within 90 days after the initial request is
made for a modification by the requesting party.
3. Notices
All notices, demands, or requests from one party to another may be
personally delivered, sent by facsimile, sent by recognized overnight
delivery service, or sent by mail, certified or registered, postage prepaid,
to the persons set forth below or shall be deemed given five days after
deposit in the United States mail, certified and postage prepaid, return
receipt requested, and addressed as follows or at such other address as any
party may from time to time specify to the other Parties in writing, and
shall be effective at the time of personal delivery, facsimile transmission,
or mailing.
OLIVENHAIN SELF STORAGE, LLC.
Attn: Bob Halliday, Owner
4285 Ibis Street
San Diego, CA 92103
619.948.7908
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CITY OF ENCINIT AS
Attn: Phil Cotton
Director of Parks and Recreation
505 S. Vulcan Avenue
Encinitas, CA 92024
760.633.2746
Any party may change the address to which such notices, payments, or other
communications may be sent by giving the other Parties written notice of such
change. The Parties agree to accept facsimile transmitted signed documents, and
agree to rely upon such documents as if they bore original signatures. Each party
agrees to provide to the other Parties within 72 hours after transmission, such
documents bearing the original signatures.
4. Successors and Assigns
This Agreement and each of its covenants and conditions shall be binding
on, and shall inure to, the benefit of the Parties and their respective
successors and assigns.
5. Exhibits and Attachments
All exhibits and attachments referred to in this Agreement are attached to
this Agreement and are incorporated herein by this reference.
6. Counterparts
This Agreement may be executed by the Parties in several counterparts,
each of which shall be deemed to be an original executed document.
7. Attorneys' Fees
If any action at law or equity, including any action for declaratory relief, is
brought to enforce or interpret the provisions of this Agreement, each
Party to the litigation shall bear its own attorneys' fees and costs.
8. No Partnerships
This Agreement shall not make, or be deemed to make, any Party to this
Agreement an agent for or the partner of any other Party.
9. Governing Law
This Agreement shall be governed by and construed in accordance with
the internal laws of the State of California. Any litigation or arbitration
regarding this Agreement will be brought in San Diego County Superior
Court or conducted in San Diego County.
10. Severability
If any provision of this Agreement, or the application thereof to any
person or circumstances, is found to be invalid, the remainder of the
provisions of this Agreement, or the application of such provision to
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person or circumstances other than those as to which it is found to be
invalid, as the case may be, shall not be affected thereby.
11. Indemnity
(a) The City shall defend at its expense, including attorneys' fees,
indemnify and hold harmless the Grantor from any claims,
actions, or proceeding against the Grantor, it's elected officials,
agents, officers and employees and any liabilities, losses or
damages arising fròm or relating to any negligent act, omission or
intentional misconduct of the City or the City's breach of any
obligation under this Agreement.
(b) The Grantor shall defend at its expense, including attorneys' fees,
indemnify and hold harmless the City from any claims, actions, or
proceeding against the City, it's elected officials, agents, officers
and employees and any liabilities, losses or damages arising from
or relating to any negligent act, omission or intentional misconduct
of the Grantor or the Grantor's breach of any obligation under
this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the
date first written below.
Dated: {¿(¿q,~)L/
OLIVENHAIN SE/LE~T9-~~AGE, LLC
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By: "'-b1A-{ c. ~;y" ì h l' A
r/tuc \rt~~'-;ú"{'l
. , ï Printed Name:
Title: Owner 1~lltT~ H [;rj.---
Dated: (L~!l '1 hI
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CITY OF ENCINITAS
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By It /~. ~L r,
Printr,dN me: -\LP~/1 L. ¡Vl¡ ,il ( v
Title: City Manager-