1989-59474589 594 745
RECORDING REQUESTED BY:�
WHEN RECORDED MAIL TO: I 1866
CITY ENGINEER 89 NOV -I AM 8:20
CITY OF ENCINITAS VERA L.LYLE
527 ENCINITAS BOULEVARD C0t1!?TY RECORpE
ENCINITAS, CALIFORNIA 92024
DOCUMENTARY TRANSFER TAX $_0
GRANT OF EASEMENT FOR RECREATIONAL TRAILS .40 FEE
A. PACIFIC SCENE, INC., A CALIFORNIA CORPORATION ( "OWNERfl
HEREINAFTER) IS THE OWNER OF REAL PROPERTY DESCRIBED IN EXHIBIT A
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AND WHICH IS COM-
MONLY KNOWN AS, BROOKSIDE, OLIVENHAIN ( "PROPERTY" HEREINAFTER).
IN CONSIDERATION OF THE APPROVAL BY THE CITY OF ENCINITAS (flCITY"
HEREINAFTER) OF 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 LIMITA-
TION, USE BY MEMBERS OF THE PUBLIC TO WALK, JOG, RUN, RIDE HOR-
SES, 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 SUF-
FICIENTLY THE PUBLIC NEED. CONSTRUCTION AND MAINTENANCE ACTIVI-
TIES INCLUDE, BUT ARE NOT LIMITED T0, WORK ON, BELOW, AND ABOVE
THE SURFACE OF THE EASEMENTS.
C. PURSUANT TO A PERMIT ISSUED BY THE CITY, PRIVATE OWNERS OF 1
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:
�) NO CULVERTS, BERMS, DITCHES OR OTHER FEATURES WHICH MAY
IMPEDE OR RESTRICT THE INTENDED USE OF THE TRAIL SHALL BE
PERMITTED.
i
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.
j 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 e
OF ANY PERSON WHATEVER, AND FOR PERSONAL INJURIES OR DEATH CAUSED
RESULTINGSFROMNTHERNEGLIGENCEIORDINTENTIONALEACTAOFECITY. OR
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 RESPEC-
TIVE 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 REIMBURSEMENT OF ALL COSTS, INCLUDING REASONABLE
ATTORNEY S FEES, FROM THE OTHER PARTY.
PACIFIC SCENE, INC., A
s
CALIFORNIA CORPORATION
r
r,
DATED 3 OWNER
jtj�rVill President
1' DATED_ g� 3���
Lon MacKay, Vice P esident
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 7/27/87 , THE FOREGOING EASEMENT AND
CONSENT AND TO THE RECORDATION THEREOF BY ITS DULY AUTHORIZED
OFFICER.
DATE (7 - 36 -b q
Mm
B Y Q�ln,� �, �1
EXHIBIT "A"
CITY OF ENCINITAS, TRACT NO. 4376
LOTS 1 THROUGH 21 INCLUSIVE, OF CITY OF ENCINITAS TRACT NO. 4376,
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFOR-
NIA, ACCORDING TO THE MAP THEREOF NO. 12338, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1989.
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STATE OF CALIFORNIA
r wW COUNTY OF _ SS.
3
} x I On this 13th day of n in the year
t before me, the undersigned, a Notary Public in and for said County and State,
o personally appeared iJ it Wf�Q+�£i— and
�lJ - m RC Kfl `i personally known to me or proved
o to me on the basis of spfief ce p �ctory eviden to be the rson( who executed the
U within instrument as SR 11.F(�6 President and �i S�ai
on behalf of the corporation herein named and acknowledged to me that the
a corporation executed it.
�� Sigarature
Notary Public ' for said Couney and State
FOR NOTARY SEAL OR STAMP
OFFICIAL sm
Lmnn G. Wilcox
NOTARY pUBL C- MIFORNA
SM OM o011NTT
Ay 4mmk" DRpitn MW i1,1!!1
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EXHIBIT "B"
LEGAL DESCRIPTION OF RECREATIONAL TRAIL EASEMENT
PARCEL 1:
A STRIP OF LAND LYING WITHIN LOT 20 OF SAID MAP NO. 12338, EIGHT
FEET WIDE, FOUR FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
COMMENCING AT THE CORNER OF SECTION 8, 9, 16 AND 17, SAID CORNER
ALSO BEING THE MOST EASTER4Y CORNER OF SAID LOT 20;
THENCE NORTH 84 °33'55" WEST, ALONG THE NORTHERLY BOUNDARY LINE OF
SAID LOT, A DISTANCE OF 596.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 24 °39'22" WEST 223.67 FEET;
THENCE SOUTH 42 °21'21" WEST 290.00 FEET;
THENCE SOUTH 62 °33'05" WEST 76.92 FEET TO POINT "A" OF THIS
DESCRIPTION;
THENCE NORTH 52 °20'10" WEST 90.99 FEET;
THENCE NORTH 76 °25'44" WEST 252.46 FEET;
THENCE NORTH 88 °23'20" WEST 142.47 FEET;
THENCE NORTH 62 °46'55" WEST 141.72 FEET;
THENCE NORTH 38 °33'23" wEsT 173.75 FEET;
THENCE NORTH 33 °23'11" EAST 107.58 FEET;
THENCE NORTH 30 °51'21" WEST 113.95 FEET;
THENCE SOUTH 79 °07'48" WEST 120.32 FEET;
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EXHIBIT "B" CONTINUED
THENCE NORTH 73 °32'06" WEST 257.58 FEET;
6 THENCE SOUTH 81 °22'27" WEST 113.16 FEET;
ri THENCE NORTH 63 °38'47" WEST 123.06 FEET;
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THENCE SOUTH 48 °06'15" WEST 98.63 FEET;
!' THENCE SOUTH 24 °56'05" WEST 100.75 FEET;
THENCE SOUTH 72 °55131" WEST 131.60 FEET:
t
THENCE NORTH 68 °55120" WEST 243.05 FEET;
THENCE NORTH 81 °34'48" WEST 148.18 FEET;
THENCE NORTH 31 °43'07" WEST 160.71 FEET;
i
THENCE NORTH 57 °05;31: WEST 51.92 FEET TO A POINT WHICH LIES ON
E THE NORTHERLY BOUNDARY LINE OF SAID LOT 20 AND THE TERMINUS OF
11 SAID CENTER LINE,
THE SIDELINES OF SAID EASEMENT ARE TO TERMINATE IN THE NORTHERLY
t BOUNDARY LINE OF SAID LOT 20.
LAND
Exp. 6- 30.92
436
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EXHIBIT "B" CONTINUED
PARCEL 2:
0 1871
A STRIP OF LAND LYING WITHIN LOT 20 OF SAID MAP NO. 12388, EIGHT
FEET WIDE, FOUR FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
BEGINNING AT A POINT WHICH BEARS SOUTH 52-20'10" EAST 28.73 FEET
FROM SAID POINT "A" OF PARCEL 1 SAID POINT ALSO BEING THE
WESTERLY TERMINUS OF THE CENTER LINE OF A 20 FOOT WIDE EASEMENT
FOR THE PURPOSES OF HIKING AND HORSEBACK RIDING RECORDED SEP-
TEMBER 26, 1985 AS FILE/PAGE NO. 85- 357302 OF OFFICIAL RECORDS.
THENCE NORTH 52 °20'10" WEST 28.73 FEET TO SAID POINT "A ";
THENCE SOUTH 62 °33'06" WEST 424.52 FEET;
THENCE NORTH 73 °49'36" WEST 359.46 FEET;
THENCE NORTH 38. 02'11" WEST 432.53 FEET;
THENCE NORTH 82 °06'58" WEST 81.84 FEET;
THENCE SOUTH 64 °32'54" WEST 580.25 FEET TO THE POINT OF TERMINUS '
WHICH LIES IN THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT 20 AND
BEARS NORTH 65 °12'18" WEST 1568.43 FEET FROM THE MOST SOUTHERLY
CORNER OF SAID LOT 20.
THE SIDELINES OF SAID EASEMENT ARE TO TERMINATE EASTERLY AT SAID
20 FOOT WIDE EASEMENT AND WESTERLY IN THE SOUTHWESTERLY BOUNDARY
LINE OF SAID LOT 20.
EXCEPTING 'THEREFROM PARCEL 1.
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EXHIBIT "B" CONTINUED
PARCEL 3:
A STRIP OF LAND LYING WITHIN LOT I OF SAID MAP NO. 12338, EIGHT
FEET WIDE, FOUR FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1;
THENCE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT NORTH
54 °19'17" WEST 445.78 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 35 °33'26" WEST 72.80 FEET;
THENCE NORTH 45 °03'47" WEST 359.81 FEET;
THENCE SOUTH 88 °02'31" WEST 133.15 FEET TO THE POINT OF TERMINUS
WHICH LIES IN THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOT 1 AND
BEARS SOUTH 54 °19'17" EAST 235.99 FEET FROM THE MOST WESTERLY
CORNER OF SAID LOT.
THE SIDELINES OF SAID EASEMENT ARE TO TERMINATE IN THE SOUTH-
WESTERLY BOUNDARY OF SAID LOT 1.
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EXHIBIT "B" CONTINUED
PARCEL 4:
A STRIP OF LAND ACROSS LOTS 2, 3, 7, 81 9, 10 AND 21 (BROOKSIDE
LANE) OF SAID MAP NO. 12338, EIGHT FEET WIDE, LYING SOUTHERLY
THEREOF, MEASURED AT RIGHT ANGLES THERETO, THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 10 OF SAID MAP NO.
12338;
THENCE SOUTH 87 °02'13" WEST 1161.41 FEET TO THE POINT OF TER-
MINUS. SAID POINT BEARS NORTH 15 °03'15" EAST 279.79 FEET FROM
THE MOST WESTERLY CORNER OF SAID MAP.
SOUTHERLY THE SIDELINE D
THE EASTERLY BOUNDARYLINESOF SAID ELOT T TERMINATES
10 ANDTERMINATESRWESTERLY
AT A LINE WHICH BEARS SOUTH 15 °03'15" WEST FROM SAID POINT OF
TERMINUS. SAID LINE ALSO BEING THE MOST WESTERLY BOUNDARY LINE
OF SAID MAP NO. 12338.
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EXHIBIT "B" CONTINUED
PARCEL 5:
A STRIP OF LAND ACROSS LOTS 10, 11, 14, 15 AND 19 OF SAID MAP NO.
12338, FIVE FEET WIDE, LYING WESTERLY THEREOF, MEASURED AT RIGHT
ANGLES THERETO, THE FOLLOWING DESCRIBED LINE:
d
a BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 10 OF SAID MAP NO.
n 12338;
G
THENCE SOUTH 1 °30'57" EAST 736.82 FEET TO THE POINT OF TERMINUS.
THE WESTERLY SIDELINE OF SAID EASEMENT TERMINATES NORTHERLY AT
E THE NORTHERLY BOUNDARY LINE OF SAID LOT 10 AND TERMINATES
SOUTHERLY AT A LINE WHICH SEARS SOUTH 88 °29'03" WEST FROM SAID
POINT OF TERMINUS.
EXCEPTING THEREFROM PARCEL 4.
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EXHIBIT "C"' 1875
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