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2021-745116ISM Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC# 2021-0745116 111111111111 IT 111111111111111111111111111111111111111111 Oct 26, 2021 04:22 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S132 Atkins. $0.00) PAGES. 15 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC RECREATIONAL TRAIL EASEMENT -5e� A.P.N.: 261-010-13 Address: 2695 Manchester Avenue Grading Plan: 14321-G/I Case No: 17-272 CDP San Eliio Joint Powers Authority, hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, do(es) hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Recreational Trail Easement, subject to the terms and conditions set forth in EXHIBIT "D" which is attached and made a part hereof, the real property described as follows: SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF. GRANTO (S S. MIc el Thornto , eneral Manager — Date San Elijo Joint Powers Authority Signature of "GRANTOR(S)" to be notarized. Attach the appropriate acknowledgments. GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents_ to recordation thereof by its duly authorized officer. 10 /3 /z J 1 L Bankston Date 44teRmCity Engineer Development Services Department City of Encinitas CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identftyof the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State or California County of i O On before me, �OVlADi �inac lc, NO�y PJ, Date * Here insert Name and Trtle of the Officer personally appeared M,(.\I,wel 'T1nOM}Of1 Nome(s) ofSlgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheir authorized capadiy(es), and that by his/her/their signature(s) on the instrument the persor(s), or the entity upon behalf of which the person(s) acted, executed the instrument- _ CONNOR KNACK NoUry Public - California San Diego County Commission A 2361g85 My Comm. Expires Jun 19, 2025 Place Notary Seal and/or Stamp Above I certify under PENAL i ( OF PERJURY under the laves of the State of California that the foregoing. paragraph is true and correct WITNESS my hand and official seal Signature r1JjAgP1PC170 Signature of Notary Public Completing this inibrmation can deteralteratlon of the document or fraudulent reattachment of this form to an unintended document Description of Attached Title or Type of Documer Signer(s) Other Than Named Above: Capacity(iie_) Claimed bySigner(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee O Guardian or Conservator ❑ Other. Signer is Representing: of Pages:_ Signer's Name: ❑ Corporate Officer - Tftle(s): ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other - Signer is Representing: Z- I IRV-V i v i n i i- M5a_ _ ' --=- 02018 EXHIBIT "A" Legal Description of the Property The land referred to herein is situated in the State of California, County of San Diego, City of Encinitas and described as follows: Those portions of the East half of Section 27 and the Northwest Quarter of Section 26 in Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to the Official Plat thereof, described as follows: Beginning at a found concrete monument accepted as the West Quarter corner of said Section 26; thence North 00 06' 01" West, along the West line of said Section 26, 100.01 feet to the North line of the South 100 feet of said Northwest Quarter; thence 790 52' 06" East 639.26 feet to a point in the Southwesterly line of that Parcel of land described in Parcel 5 of that certain Final Order of Condemnation, filed for record on September 14, 1962 as Instrument No. 159336, of Official Records of said County; thence along said Southwesterly line as follows: North 330 10' 44" West, 626.28 feet; North 32° 21' 02" West, 475.72 feet; and North 16° 10' 36" West 645.50 feet to a point being a coordinate Y=311,809.99 feet and X-1 686.529.47 feet also being a point in the Northerly line of the land described in deed to Hector A. Shelley, and Daniel T. Shelley, recorded July 20, 1961 as Instrument No. 124478, of Official Records; thence along said Northerly line, North 890 08' 03" West (Record West) 540.57 feet to the Northwesterly corner of said land; thence along the Westerly line thereof, South 09° 35' 03" East (record South 9° 38' East), 1783.73 feet to the Southeasterly corner of Cardiff, Map No. 1298, filed in the Office of the County Recorder of San Diego County; thence along the Southerly line of said Shelley Land South 880 51' 20" East (record North 890 27' East) 141.31 feet; thence South 260 16' 15" East, 223.26 feet; thence South 0° 04' 43" West, 139.35 feet to a point on a 690.00 foot radius curve concave Northerly in the Northerly line of the land described in deed to Cardiff Sanitation District recorded October 18, 1956 in Book 6305, Page 93, of Official Records, a radial bears South 20 41' 05" West to said point; thence along the Northerly line of said land Easterly along said curve through a central angle of 7° 08' 20", 85.91 feet; thence tangent to said curve, North 85° 33' 03" East 50.40 feet to the beginning of a 810.00 foot radius tangent curve concave Northerly, a radial which bears South 40 26' 57" East; thence Easterly along said curve through a central angle of 0° 59' 10", 13.94 feet to the East line of said Section 27; thence along said East line, North 0° 04' 43" East 329.29 feet to the point of beginning. Excepting therefrom that portion of the above described land granted to the State of California indeed recorded March 11, 1969 as Instrument No. 42205, of Official Records. APN: 261-010-13-02 and 261-010-13-01 (End of Legal Description) EXHIBIT "B" LEGAL DESCRIPTION TRAIL EASEMENT THOSE PORTIONS OF THE EAST HALF OF SECTION 27 IN TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLATTHEREOF, DESCRIBED AS FOLLOWS: PARCEL 1 A 16.00-FOOT WIDE STRIP LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE LAND DESCRIBED INDEED TO HECTOR A. SHELLEY, AND DANIEL T. SHELLEY, RECORDED JULY 20, 1961 AS INSTRUMENT NO. 124478 WITH THE SOUTHWESTERLY LINE OF PARCEL 5 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION, RECORDED SEPTEMBER 14, 1962 AS INSTRUMENT NO. 159336, BOTH OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE SOUTHEAST CORNER OF COUNTY OF SAN DI EGO TRACT NO.4503-1, MAP NO. 11455, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FEBRUARY 25, 1986 AS FILE NO.86-073736 OF OFFICIAL RECORDS; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 16"08'22" EAST58.50 FEET (NORTH 16°10'36" WEST RECORD PER SAID INSTRUMENT NO. 159336) TO A POINT HEREINAFTER REFERRED TO AS POINT'A', SAID POINT BEING THE BEGINNING OF A NON -TANGENT 28.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 33-27'33" EAST, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 13.20 FEET THROUGH A CENTRAL ANGLE OF 27°00'56" TO THE BEGINNING OF A COMPOUND 118.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO WHICH BEARS SOUTH 06°26'37" EAST, THENCE WESTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 37.55 FEET THROUGH A CENTRAL ANGLE OF 18"13'50" TO THE BEGINNING OF COMPOUND 101.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO WHICH BEARS SOUTH 11°47'13" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 20.52 FEETTHROUGH A CENTRAL ANGLE OF 11-38-30"; THENCE NORTH 66°34'17" WEST 57.15 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'B'; THENCE CONTINUING NORTH 66034'17" WEST 23.42 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHWESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 169.79 FEET THROUGH A CENTRAL ANGLE OF 108'05'33"; THENCE SOUTH 05020'10" WEST211.93 FEETTO THE BEGINNING OF A 989.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 188.71 FEET THROUGH A CENTRAL ANGLE OF 10-55-56"; THENCE SOUTH 05'35'46" EAST 968.66 FEETTO THE BEGINNING OF A 289.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 93.88 FEETTHROUGH A CENTRAL ANGLE OF 18'36'47" TO THE BEGINNING OF A REVERSE 1,167.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 65"47'27" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 213.55 FEETTHROUGH A CENTRAL ANGLE OF 10-29'05"; THENCE SOUTH 13"43'28" WEST2.67 FEETTO THE BEGINNING OFA 230.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; PAGE 1 OF 3 EXHIBIT "B" LEGAL DESCRIPTION TRAIL EASEMENT THENCE SOUTHEASTERLY ALONG SAID CURVE, 99.75 FEETTHROUGH A CENTRAL ANGLE OF 24-50-55" TO THE BEGINNING OF A REVERSE 305.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO WHICH BEARS NORTH 51'25'37" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC LENGTH OF 156.28 FEETTHROUGH A CENTRAL ANGLE OF 29'21'25" TO THE BEGINNING OF A REVERSE 125.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO WHICH BEARS SOUTH 80-47-03" WEST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 39.10 FEETTHROUGH A CENTRAL ANGLE OF 17'55'24"; THENCE SOUTH 27'08'22" EAST 18.19 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT W AND THE POINT OF TERMINUS. PARCEL2 BEGINNING AT THE AFOREMENTIONED POINT'A', THENCE LEAVING SAID SOUTHWESTERLY LINE, SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 13.20 FEET THROUGH A CENTRAL ANGLE OF 27'00'56" TO THE BEGINNING OF A COMPOUND 118.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO WHICH BEARS SOUTH 06-26-37" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 37.55 FEET THROUGH A CENTRAL ANGLE OF 18'13'50" TO THE BEGINNING OF A COMPOUND 101.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO WHICH BEARS SOUTH 11'47'13" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 20.52 FEET THROUGH A CENTRAL ANGLE OF 11*38-30"; THENCE SOUTH 23'25'43" WEST 8.00 FEETTO THE BEGINNING OF A NON -TANGENT 115.00 RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO WHICH BEARS SOUTH 27'O1'36" WEST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 56.55 FEETTHROUGH A CENTRAL ANGLE OF 28'10'26"; THENCE NORTH 88051'10" EAST4.50 FEETTO THE BEGINNING OF A 30.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 21.82 FEETTHROUGH A CENTRAL ANGLE OF 41'40'18" TO THE SOUTHWESTERLY LINE OF SAID PARCEL 5; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 16'08'22" 24.46 FEETTO THE POINTOF BEGINNING, EXCEPTING THEREFROM ALL THOSE PORTIONS WITHIN SAID PARCEL 1. PARCEL 3 BEGINNING AT THE AFOREMENTIONED POINT'B', THENCE NORTH 62'51'38" EAST 8.00 FEET; THENCE SOUTH 02'15'40" EAST 27.62 FEETTO THE BEGINNING OF A NON -TANGENT 51.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIALTO WHICH BEARS NORTH 83'34'46" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 36.44 FEETTHROUGH A CENTRAL ANGLE 40'56'29" TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO CARDIFF SANITATION DISTRICT RECORDED OCTOBER 18, 1956 IN BOOK 6305, PAGE 93, OF OFFICIAL RECORDS, SAID POINT BEING A POINT ON A 690.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO WHICH BEARS SOUTH 02'34'45" EAST, PAGE 2 OF 3 EXHIBIT "B" LEGAL DESCRIPTION TRAIL EASEMENT THENCE ALONG SAID NORTHERLY LINE, WESTERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 21.18 FEET THROUGH A CENTRAL ANGLE OF 01"45'33" TO THE BEGINNING OF NON -TANGENT 77.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL TO WHICH BEARS SOUTH 73'50'38" WEST; THENCE LEAVING SAID NORTHERLY LINE, NORTHERLY ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 35.65 FEET THROUGH A CENTRAL ANGLE OF 26'31'30"; THENCE NORTH 02054'48" WEST 18.92 FEET, - THENCE NORTH 62051'38" EAST 8.00 FEET TO THE POINT OF BEGINNING. ALL AS SHOWN ON EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF. SON _Z6 /26/2021 u MICHA LJ. KNAOMN V DATE g No. L$8012 P.L.S.8012 N W.12/31/� REV: 04/26/2021 PAGE 3 OF 3 EXHIBIT "C° r _ - T - SEE SHEET 2 /j \ I I j j I_ _ J I II I I II I I �► I I ►► I I ►► I I ►n I I ►► I ►► r SEE SHE T 3 ►► V PTR. E. 1112 SEC. 27 I ii I I ►► I I ►► I I FrFNI) r LIMITS OF EASEMENT QSUBJECT PROPERTY POD. SEC 2� SEE SHEET 4 SHEET 1 OF 5 INDEX MAP N.T.S. R Lu w NORTH EXHIBIT " n N'LY LINE INST NO. 124478 REC'D 712011961, O.R. SHEET 2 OF 5 PARCEL 1 a SWTY LINE OF PARCEL 5 ? n \ OF INST NO. 159336 0 o >� 0 T.P. .8.PAR EL �Cl P.O.B. PARCEL 2 m °D 66° POINT'A' n 8 s), � \�1�\ \p�.F�; �\\\ 'ir NI1°47'13"E(R( S06°26'37"E(Rjl� PARCELI� _ — ��—_______�r�� R=118.00' 1 \ • � ��=37� d=18013-500� c�G S27°01 LINE DATA TABLE BEARING LENGTH L 1 I N23° 25' 43' E 8.00' CURVE DATA TABLE RADIUS I LENGTH DELTA Cl 28.00' 13.20' A=27000'56" C2 101.00' 20.52' A=11°38'30" C3 30.00' 21.82' GRAPHIC SCALE IN FEET 0 10 20 40 10. o at (cs6 S'4528°l0'26" �c\-n. C3\\ N PARCEL2 1\188051'10'I 4.50' LEGEND r -1 LIMITS OF EASEMENT L - J QSUBJECT PROPERTY P.O.C. POINT OF COMMENCEMENT T.P.O.B TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING r EXHIBIT " MAP NO. 11455 N'LY LINE INST NO. 124478 REC'D 7/20/ 1961, O.R. PARCE _. II PARCEL 21 8' t-- /6' SEE SHEET 2 Q IP ; I o I ly N SWTY LINE OF PARCEL 5 I I II I OF INST NO. 159336 �f POR. E. 112 i ; SEC. 277 lo_ P Co `�d0 0 11, � J Q I I1 ICI I :o - I�o6 I zn P ICp II SHEET 3 OF 5 tit 01 CURVE DATA TABLE RADIUS LENGTH DELTA C4 90.00' 169.79' A=108005'33" C5 289.00' 93.88' A=18036'47" GRAPHIC SCALE IN FEET 0 50 100 200 LEGEND L _ J LIMITS OF EASEMENT N65°47'27"E(R)� `\ , Q SUBJECT PROPERTY F9R*971RaL•1 LINE DATA TABLE F BEARING LENGTH S27° 08'22"E 18.19' GRAPHIC SCALE IN FEET 0 50 100 200 EXHIBIT "C" SHEET 4 OF 5 CURVE DATA TABLE - RADIUS LENGTH DELTA C5 289.00' 93.88' 0=18°3647" C6 230.00' 99.75' A=24°50'55" C7 125.00' 39.10' 0=17°5524" POINT 'B' yt- -- _- LEGEND r LIMITS OF EASEMENTS L - J SUBJECT PROPERTY P.O.B. POINT OF BEGINNING SEE SHEET 5 EXHIBIT °C" SEE SHEET 4 SHEET 5 OF 5 \ a \ \ \ P.O.B. PARCEL 3 POINT'B' ^n Al \ PARCEL 1 ,I IN I I04 Iw Eli of04 to 31 I:w POR. Cho 9/2 SEC, 27 NI zl I I I N79°37'52'W(R)— 1.4 I t ( I I—N83034'46'W(R) I ( I PARCEL 3 I I Cn IIW co I �a ooI ,A O a 10 \\p O hl \P \' S02034'45"E(R) I-R=690.00' N73°50'38"E(R)-\ I \ \\ "E(R N00°49'13'W(R)-\1 i�N551.00' /i R=51.00� R=690.00' `� R=690.00' MANCHESTER AVE N'LY LINE BK 6305, PAGE 93 0 GRAPHIC SCALE IN FEET RS 1469 0 5 10 20 LEGEND LIMITS OF EASEMENTS Cimley»)Horn SUBJECT PROPERTY .m 0 sm¢c..: 1 a v 411 CA ram P.O.B. POINT OF BEGINNING EXHIBIT "D" Terms and Conditions for Dedication of Public Recreational Trail Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public recreational trail easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for a perpetual easement and right-of-way upon, through, under, over, and across the hereinafter described real property for public recreational trail purposes which include, without limitation, use by members of the public to walk, jog, run, and operate non -motorized bicycles (the "Easement Area"). The Easement Area is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document dedicating or irrevocably offering to dedicate the public recreational trail easement. Grantor hereby further offers to Grantee the privilege and right to perform grading and to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described land where deemed necessary by Grantee for the construction and maintenance of said public recreational trails, provided such additional work is first approved in writing by Grantor. RESERVING unto Grantor, successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by Grantee. Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said trail easement, together with the right to use the same in such manner and at such locations as Grantee may deem proper, needful, or necessary, in the construction, reconstruction, improvement, or maintenance of said public Trails. Grantor, for itself, its successors and assigns, hereby waives claims for any and all damages to Grantor's remaining property contiguous to the trail easement hereby conveyed to the extent said damages are caused by the location, or by the prudent construction, landscaping, or maintenance of said public recreational trails This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. This dedication or offer of dedication shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of future owners, encumbrances, successors, heirs, personal representatives, transferees, and assigns of the respective parties. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of recreational trail easement. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Grantor warrants and represents that there are no past due financial obligations owing to the Grantee by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor. Grantee shall not, after acceptance of this dedication or offer of dedication, (1) construct, install, demolish, or remove any sewerage facilities in, on, under, across, or through the Easement Area without the express written consent of Grantor, or (2) construct or install adjacent to the Easement Area any improvements that might adversely impact the Grantor's sewerage facilities without the express written consent of the Grantor. Notwithstanding any language in this Easement document, Grantor shall retain the right to access its infrastructure located beneath and/or adjacent to the Easement Area in order to revise, repair, reconstruct, demolish, improve, remove, or maintain said infrastructure. Grantor shall restore and replace the surface of any ground in the Easement Area disturbed by Grantor's work in the Easement Area to substantially the same condition as existed immediately prior to any such disturbance. Grantee shall have the right and duty to maintain the Easement Area, including trimming trees or clearing the Easement Area whenever in Grantee's reasonable judgment the same is necessary for the convenient and safe maintenance of the Public Recreational Trail, or to prevent danger or hazard to property or persons. Grantee shall protect, indemnify, and defend Grantor and its directors, officers, employees, agents, representatives, and member agencies (Indemnified Parties) against and hold Indemnified Parties harmless from any loss, cost, damage, claim, expense or liability, including attorneys' fees and costs, whatsoever arising out of or relating to the construction, maintenance, operation, or use by the Grantee or its directors, employees, representatives, contractors, subcontractors, consultants, agents, volunteers, and assigns of this Easement or the rights granted herein. Grantee shall further protect, indemnify, and defend the Indemnified Parties for any loss, cost, damage, claim, expense or liability, including attorneys' fees and costs, arising out of the maintenance and/or condition of the Easement Area, unless such condition is created by Grantor when exercising its rights to access infrastructure under this dedication or offer of dedication. Grantee's obligation to indemnify the Indemnified Parties shall include any losses, damages, or expenses arising out of negligence or intentional acts of Grantee. Such indemnification shall not include any losses, damages, or expenses resulting from the reckless or intentional acts of the Grantor. Grantor shall indemnify Grantee and its directors, officers, employees, agents and representatives from any loss, cost, damage, claim, expense or liability, including attorneys' fees and costs, arising out of or related to Grantor's exercise of its rights to access its infrastructure under this dedication or offer of dedication.