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2004-648254 - 8 8 . 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 g~.:(}-' : ¿ 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 VA~ 8 8 , 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. 'At ) { 8 8 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 ~ , z ~ . ',~ San Diego County Signature -,-v~ ti. ~rv j - - - -My..:":"~~,,:,:::~f notary 8 8 GRANTEE'S ACCEPTANCE Dated: ~ LJ Y\. ~ ~ q ,d.O Q 4 CITY OF ENCINITAS (~/~ 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'" i r) I~ " . . ' . . . . . ' . . . . . . . . . . . . . . . I - ~ . . . . . . 8 8 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. J(J\ I . ~.19 . txhibit B .. @ .~ . ~ ~ 25 £ ~'t ~ . ~ .\\ij~ SHT 3 ð '" \.. . ~ ." . 6iJ SHT.I ,* Open Space íÎ7..ffIL t:-¡4,SF.i'l-lENT WI~ ~ ¿A5i-:hlG¡Jî \.!3J : f...; SHT. 3 tit ..., ,'. " . 'w '. : . ,'.. '. : . .... .7-0~' \~.. 5.: ,70S .0' N L I 0' .' OPEN SPAC' .' .., POR.4t6 ~ . I ~\ ~ 8 8 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, I . dated l..f7J1 0 . The City shall coordinate all work and trail maintenance through and with the approval of the Grantor. , , 1 i ~' iT) i 8 8 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 / 1\ ] , 8 8 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 I) 1K 8 8 " . 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 -. 1 t' ¡. 1-- ,,- ,/ / /-- ..'u r¡;; ) ~. .. 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 I f CITY OF ENCINITAS "/ //'/, , By It /~. ~L r, Printr,dN me: -\LP~/1 L. ¡Vl¡ ,il ( v Title: City Manager-