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2002-561098 DOO 002-05 10 8 RECORDING REQUESTED BY: The City of ENcinitas JUL 02 ~ 2002 4: 26 WHEN RECORDED MAIL TO: ~YI0[~[ CITY CLERK Sm DIEGO ~OU~TY R~R'S OFFICE CZTY OF ENCINITAS G~]~Y J. ~ITH, ~TY RE~]R~R 505 SOUTH VULCAN AVENUE ~ES: 0.00 ENCINITAS, CA 92024 0~: For the benefit of the City ~AY~: ASSESSOR'S PARCEL NO. PROJECT NO.: A. PA~ EC~ ~CH, A California Co~oration ("OWNER", hereinafter) is the owner of real property described in Exhibit "A"and Exhibit "B" which is attached hereto and made a part hereof ("PROPERTY" hereinafter). For valuable consideration, OWNER hereby grants to the City of Encinitas ("CITY" hereinafter), (for the benefit of CITY), of easements across PROPERTY located as described in Exhibit "A" and Exhibit "B", which are attached hereto and made a part hereof, for Public Recreational Trail purposes which include, without limitation, use by me~ers of the public to walk, jog, run, ride horses, 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 sufficiently the public need. Construction and maintenance activities include, but are not limited to, work on, below, and above the surface of the easements. C. Pursuant to a permit issued by the CITY, private owners of 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: 1) No culverts, berms, ditches or other features which may impede or restrict the intended use of the trail, shall be permitted. 2) The surface of the driveway which crosses the easement must be smoothed to a level satisfactory to the Director of Co--unity Services. cov4264a 3) The grade of the driveway which crosses the easement must match the grade of the trail on both sides. 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 of and person whatever, and for personal injuries or death caused by, or resulting from, or claimed to have been caused by, or resulting from the negligence or intentional act of CITY. E. This easement shall run with the land and be binding upon and inure to the benefit of the encumbrancers, successors, heirs/ personal representative, transferees and assigns of the respective 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. PAUL EC~E~ Dated f~/~/~W~ ~ ~7~_ OwnV ~al~ ~-'~a '~ation Paul~' Ecke III, C. E. O. I Signature of Owners to be notarized. I I Attach the appropriate acknowledgements. I I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council, adopted on November 9, 1994, that the City of Encinitas consents to the making of the foregoing Grant of Easement for Recreational Trails and consents to the recordation/-~hereof by its duly authorized officer.~7~ ~~-~f DATE: ~__~ BY: ~- Leroy C. Bodas Director of Engineering Services cov4264a CAUFelI~IA ALI,-BI~IEiI~HBE AC#~IIDWLENEHE1? State of California } } es. County of San Diego } On, 28 February 2002, before me, Jo¥ce Mizock, Notary Public, appeared Christopher C. Calkins, personally known to me 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 persons or the entities upon behalf of which the person acted, executed the instrument. ..... ,, ......... WITNESS my hand and official seal. r~/'~ JOYCE MIZOCK p,,, I~qlll;~ COMM. #1259543 ~ NOT^nYPUEUC-C^U;OR.~^ -'1 DB SAN DIEGO COUNTY ~ ~ MyComm. F-xplre~ May l, 2(~04 V ~ SIGNATURE CAPACITY CLAIMED BY SIGNER(S) DESCRIPTION OF DOCUMENT President Grant of Easement for Recreational Trails TITLE TITLE OR TYPE OF DOCUMENT Paul Ecke Ranch N/A TITLE DATE OF DOCUMENT ~N~ ~N~S O~ ~ ~ ~ State of California } ], SS. County of San Diego } On, 28 February 2002, before me, Joyce Mizock, Notary Public, appeared Paul Ecke III, personally known to me 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 persons or the entities upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~_ ~ JOYOE MIZOCK CAPACITY CLAIMED BY SIGNER(S) DESCRIPTION OF DOCUMENT Chief Executive Officer Grant of Easement for Recreational Trails TITLE TITLE OR TYPE OF: DOCUMENT Paul Ecke Ranch N/A Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION 201 Third Street, 8~h Floor San Francisco, CA 94103 Attn: Team Five/#6889845844 SUBORDINATION AGREEMENT (DEED OF TRUST) WHEREAS, those parties concerned desire to have that certain Deed of Trust and Assignment of Rents and Leases between Paul Ecke Ranch, a California corporation, as Trustor ("Trustor"), in favor of Wells Fargo Bank, National Association, as Beneficiary ("Beneficiary"), dated as of June 1, 2000 and recorded as Document No.2000-0358291 in the San Diego County Recorder's Office on July 7 2000, as such may have been amended or modified from time to time (the "Deed of Trust"), subordinated to that certain Grant of Easement for Recreational Trails dated February 28, 2002 made by Trustor in favor of the City of Encinitas (the "Document"); the legal description and plat pertaining to the Document are attached hereto as Exhibits "A" and "B" respectively and are incorporated herein by this reference; NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned Beneficiary hereby waives the priority of the Deed of Trust to the same extent as if the Document had been executed prior to the Deed of Trust. Dated: April 23, 2002 WELLS FARGO BANK, ~ NATIO}~A'~AS S OCl,~]'l C~I/. ] /', . Vice Pres~ent/Principal [OBTAIN NOTARY ACKNOWLEDGEMENTS] I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly executed officer. Da ted: ~.~,./~ ~- By: ~/~'.~~~ Leroy C. Bodas Director of Engineering Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof ~ ~,,2~_~,~o9 ~ ss. · ! Da~e ~. Name ar~d~'tJ~of Offi~(e.~]., 'Jane DO~{, Notary F~blic personally appeared /)t'~')~-~ ~. ~¢~_~ff~ ~ . d Name(s) of Signer(s) ~N~perSonally known to me roved to me on the basis of satisfactory evidence to be the person~)~ whose name(,s-)' ~ ---~ -- - -Z_--' --_ ~ '-- '- --- .' subscribed to the within instrument and 5ONAG^FFNEY ~1 acknowledged to me that . ~*~ CommissTon # 121619~ ~_ ne/~/~m~y executed ~'~,~ Noto~yPu~;c--COI~fOIIqlO ~ ~ the same in his/bef/tJ3elT authorized ! \'~':'~/ I~sAngeimCounh, [ capacity,(~ and that by his/,het/.their ~ "~r~" MYCemm. r:xl:~msN:r 11, Z~3 signature~"~ on the instrument the personJ,~, or ............ ~ the entity upon behalf of which the person.Cs) acted, executed the instrument. W~hand and official seal. Place Notaq/Seal Above SignOre of ~fi~lfry Publi~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: - · - .-.- [] Individual Top of thumb here [] Corporate Officer-- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1997 National Nota~-Association - 9350 De Soto Ave., PO. Box 2402 * Chetswodh, CA 91313 2402 Prod No 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 11 OF CITY OF ENCINITAS TRACT NO. 99-137, SOUTH MESA, ACCORDING TO THE MAP THEREOF NO. 13998, SAID POINT BEING ON THE WEST LINE OF QUAIL GARDENS DRIVE AS SHOWN ON SAID MAP; THENCE ALONG THE SOUTH LINE OF SAID LOT 11 NORTH 88°40'15" WEST, 315.42 FEET TO THE WEST LINE OF SAID LOT 11; THENCE ALONG SAID WEST LINE OF SAID LOT 11 NORTH 2°57'29'' EAST, 610.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH 2 °57'29" EAST, 54.36 FEET; THENCE LEAVING SAID WEST LINE NORTH 88039'47'' EAST, 68.39 FEET; THENCE SOUTH 1 °20'13"WEST, 6.00 FEET; THENCE SOUTH 52°47'34'' EAST, 82.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.047 ACRES MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SB&O, INC. SOUTH MESA Job No. 54452.02, March 7, 2002 Page 1 of ] D.'~54452V.-EGALS~PED-TRAIL WPI~