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°
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SEC. 27
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QSUBJECT PROPERTY
POD.
SEC 2�
SEE SHEET 4
SHEET 1 OF 5
INDEX MAP
N.T.S.
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NORTH
EXHIBIT " n
N'LY LINE INST NO. 124478
REC'D 712011961, O.R.
SHEET 2 OF 5
PARCEL 1
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SWTY LINE OF PARCEL 5 ? n
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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.
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(cs6 S'4528°l0'26" �c\-n. C3\\ N
PARCEL2 1\188051'10'I
4.50'
LEGEND
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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
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SWTY LINE OF PARCEL 5
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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
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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.