1991-382126 1268 "
· RECORDING REQUESTED BY: ~,~H~! ~'?'r -~, ,~v ,~?fi~r.r ~, r~"~ ~FFTr~
WHEN RECORDED MAIL TO: ' ...... F~Lj:~ O,(j~r
CZTY ENGINEER "
CITY OF EHCINITAS
527 E~CINZTAS BOULEVJ~RD
E~OI~ITAS~ CA 92024
DOCUMENTARY TRANSFER TAX $. 0
ASSESSOR'S PARCEL NO. 256-152-24
256-152-34
256-152-16
GRANT OF EASEMENTFOR RECREATIONAL TRAILS ~
A. John G. and Helen A. Guidero, William P. and Mary E. Weidner. 1Lkl~
and Robert M. and Bradley S. Schlachter ("OWNER" collectively
hereinafter) are the owners of real property described in Exhibit
"A" which is attached hereto and made a part hereof ("PROPERTY"
hereinafter).
In consideratiion of the City of Encinitas granting a sewer easement
over property located as shown in Exhibit "B" to the Encinitas
Sanitary District, OWNER hereby grants to the City of Encinitas
("CITY" hereinafter), (for the benefit of CITY), easements across
PROPERTY located as described in Exhibit "A", which are attached
hereto and made a part hereof, for Public Recreational Trail
purposes which include, without limitation, use by members 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) Where private roads or driveways cross the trail easement,
finish grade of road or driveway shall be within 3 inches of
trail grade with maximum 6 inch curbs.
MW/03/COV2-176w-p5 (4-26-91/3)
'3) If the road or driveway is paved, pavement at trail-driveway
intersection shall be approved texturized pavement such as
coarse broomed concrete.
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.
Dated ~//~--~/~/ Owners ~~~ ~hn G. Guide~o
Helen A. Ggid~o
/M~y E. Weidner -/ /
Wil~am P. Wei~ner
~obert M. Schlachter
Bradley S. Schlachter
ACCEPTANCE BY CITY
I accept, on behalf of the City Council of the City of Encinitas,
pursuant to the authority conferred by Resolution 87-72 of said
Council, adopted on July 27, 1987, the foregoing easement and
consent to the recordation thereof by its duly authorized officer.
Warren H. Shafer, City'Manager
MW/03/COV2-176w-p5 (4-26-91/3)
Montana ) On~ the 8th day of M~.y__~, 199 1 before me
)§
County of Ravalli ) Marzaret L. Griffin
the underaigned Notary Public, personally appeared
William P. Weidner ............. only .........................
~-~ personally kno~m to me
~ Proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is subscribed
to the within instrument, and acknowledged that he
executed it.
WITNESS my hand and offical sea,~
Notary Public f~r the State of Mont~n~
Residing at Victor , MT.
My Commission Expires: December 3, 1992
Attention Notary: Although the information requested below is optional, it could prevent
fraudulent attachment of this certificate to another document.
Title or Type of Document Grant of Easement for Recreational Trails
Number of Pages. 6 ............ Date of Document 5/3/91
Signer(s) Other Than Named Above - Five other signatures required ......................
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared
BRADLEY S. SCHLACHTER , known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein
expressed.
.VEN UNDER MY HAND AND SEAL OF OFFICE
this
day
of
· , 1991.
MyCommissionExpims~rii~&~995 NOiTARY PUBL~in and for
the State of Texas
' 1270
Oh ~q~[5 ~?/ .beIore me. the undersigned, a Nola* Euh,e,n and
State, persona a peare
~ said~J
Dorson~ll~O~to-to-me {or preyed to me on lhe basis of saris- ~
factory evidence) to be the person(s) whose name(s) is/are su b-
scribed to the within instrument and acknowledged to me that
he/she/they executed the same.
WITNESS my hand and official seal.
· ~ (This area for official notarial seal)
>' STATE OF CA NI
E° On ~ ¢-~0, ~'[~ / ,bef0reme, the undersigned, aN0taryPublicinandf0r
u_'~ Dersonall¥ known to me (or i]rou~,~ te ~'e '-'- ~4, e Ja~ ~i.~Q~ saUs-
~ factory evidence) to be the person(s) whose name(s) is/are sub_
i_~ ~ scribed to the within instrument and acknowledged to me that
~ he/she/they executed the same,
i WITNESS my hand and official seal
STATE OF CALIFORNIA '~
COUNTY OF _q _~_ .m_ Diego
On Apr il 2 9 ~ 1 9 91 before me, the undemigned, a Not~ ~blic in and for said
State,~onallyap~ared M~y R. W~n~w~YYYYYYYYYYYYYXXXXX
...............................
................. ~~(or proved to me on the basis of satishcto~ evidence)
to be the person whose name ~ 8 subscri~d ,, $¢ :* ''O~C~[ ~'
~ ~ tothewithininstmmentandacknowledgedthat ~e~ $ ~ ALLISON JORDAN
~ ~ WITNESS my hand ~d official seah~ ~~ SAN D~EGC) C~UNTY
Allison 6ordan ~
Name (Ty~d or ~nted)
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1:
Mr. and Mrs. John Guidero 256-152-24
THE EASTERLY 15.00 FEET OF THAT PORTION OF LOTS 30 AND 31, BLOCK
1, AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1791, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1924, LYING
NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 31, DISTANT
THEREON NORTH 05016'00" EAST, 100.00 FEET FROM THE SOUTHWEST CORNER
OF SAID LOT 31; THENCE NORTH 89°52~30" EAST, 421.33 FEET TO THE
WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA, RECORDED JUNE 8, 1962 AS FILE NO. 97630 OF OFFICIAL
RECORDS; THENCE ALONG SAID WESTERLY LINE, NORTH 16°51~21" WEST,
147.14 FEET TO THE NORTH LINE OF SAID LOT 30.
Parcel 2:
Mr. and Mrs. William Weidner 256-152-34
The Easterly 15.00 feet of that portion of Lot 31 in Block 1 of
Avocado Acres, in the City of Encinitas, County of San Diego, State
of California, according to Map thereof No. 1791 filed in the
Office of the County Recorder of San Diego County, April 29, 1924,
described as follows:
Beginning at the Southwest corner of said Lot 31; thence along the
Westerly line of said Lot 31, North 05o16~00" East, 100.00 feet to
the Northwest corner of the land described in deed to Robert E.
Weidner, et ux, recorded November 22, 1968, as File No. 205022;
thence along the Northerly line of said land North 89052'30'' East,
332.00 feet to a point herein designated as Point "X"; thence
continuing North 89052'30" East, 89.33 feet to the Westerly line
of the land described in deed to the State of California recorded
June 8, 1962, as File No. 97630 of Official Records; thence
Southeasterly along said Westerly line of the land described in
deed to the State of California to the Southerly line of said Lot
31; thence along the Southerly line of said Lot 31, North 89052'30''
West, 129.87 feet to a point on said Southerly line herein
designated as Point "Y"; thence continuing along said Southerly
line North 89°52~30" West, 332.00 feet to the Point Of Beginning.
EXCEPTING therefrom that portion lying Westerly of a llne drawn
from Point "X" to Point "Y".
MW/03/COV2-176wp5 (4-26-91/3)
EXHIBIT "A" Cont.
LEGAL DESCRIPTION
Parcel 3:
Robert and'Bradley Schlachter 256-152-16
The Easterly 15.00 feet of the remaining portion of Lot 32 in Block
1 of AVOCADO ACRES, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof No. 1791, filed in
the Office of the County Recorder of San Diego County, April 29,
after the EXCEPTION described below.
EXCEPTING THEREFROM that portion described as follows:
BEGINNING at the Southeasterly corner of Block 1 of said Avocado
Acres, said corner being marked by a 1 1/2 inch iron pipe having
coordinates X-1,681,578.14 feet and Y-325,868.97 feet; thence along
the Southerly line of said Block 1, being also the Southerly line
of said Lot 32, North 88° 43' 25" West, 129.88 feet; thence leaving
said Southerly line North 16° 15' 12" West, 165.37 feet to the
Northerly line of said Lot 32; thence along the Northerly line of
said Lot 32, South 89° 28' 48" East, 192.60 feet to the Easterly
line of said Avocado Acres; thence along the Easterly line of said
Avocado Acres, South 5° 18' 16" West, 160.02 feet to the Point of
Beginning.
MW/03/COV2-176wp5 (4-26-91/3)
· ' 1273
EXHIBIT B
The Easterly 15.00 feet of the following described land:
Those portions of Parcels 7 & 8 as shown on Record of
Survey No. 4764 filed September 11, 1958, in the office
of the Recorder of San Diego County, said portions hereby
conveyed LYING Northerly of the Northerly line of Parcel
1 of Relinquishment No. 14729 to the County of San Diego
recorded November 29, 1966, as File No. 187216 of
official Records of said county, and LYING Westerly of
that portion of the Westerly right-of-way line of State
Freeway 11-SD-5-42.0, described as follows:
Beginning at a point on said right-of-way line, distant
South 76°21'00'' West, 130 feet from Engineer's Station
1586+00 on the centerline of said State freeway; thence
along said right-of-way line the following numbered
courses: (1) North 10°12'58'' West, 253.61 feet, (2)
North 16°51'12'' West, 672.43 feet to a point distant
South 76°21'00'' West, 165 feet from Engineer's Station
1597+50 on said centerline.
1274
EXHIBIT B
CITY OF ENCINITAS
ENCINITAS SANITARY DISTRICT
PROPERTY SEWER EASEMENT PLAT
~.s.
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded /O-O~--7~ as File/Page No. 7~-~O~g.~ subordinated to
EASEMENT FOR RECREATIONAL TRAILS required as condition of approval
of ~°~4 OB-O/F. ("DOCUMENT" hereinafter);
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE
hereby waives the priority of said Deed of Trust in favor of said
DOCUMENT to the same extent as if said DOCUMENT had been executed
prior to said Deed of Trust.
OCEANSIDE FEDERAL SAVINGS & LOAN ASSOCIATION/
May 2nd 1991 PACIFIC FIRST BANK, a Federal Savings Bank
DATED BENEFICIARY OR TRUSTEE
Title: Assistant Vice President
f ta~of Washington
ounty of PIERCE
;¢ertif t~a
Y t l know or have satisfactory evidence that DEANNA M BARF00T
~NAME OF PERSON~ __ signed this instrument, on oath stated
that (he/she) was authorized to execute the instrument and acknowledged it as the _AS$IS?ANT VICE PRESIDENT
of PACIFIC FIRST BANK a Federal Savin s Bank ITYP£OFAUTHOnITY. E.G..OFFrCER. TNUSTEE, ETC,~
INAME Ot= PANTY ON B£HAI. F 0~: WHOM INSI'RUMENT WAS EXECUTEDI t~ be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated. Hay 2nd 1991
Signature of ~
ISeal or atampl Notary Pub,c q~
Title
My appointment expires. 12-15-9~
I certify on behalf et =ne city Council of the City of Enci~itas,
pursuant to authority conferred by Resolution of said Council
adopted on July 27, 1987 that the City of Encinitas consents to the
making of the foregoing Subordination Agreement, and consents to
recordation thereof by its duly authorized officer.
Date WARREN ---['~ ~
~--'~'~( By ~°u~--H. SHAnty Manager
City of Encinitas
M'W/03/COV2-176wp5 (4-26-91/3)
and
Si 1
1276
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned, desire to have the Deed of Trust
recorded o~Z~9-~ as File/Page No. 8~-~9/~&~ subordinated to
EASEMENT FOR RECREATIONAL TRAILS required as condition of approval
of 7-f/~ ~d--/8~ ("DOCUMENT" hereinafter);
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE
hereby waives the priority of said Deed of Trust in favor.of said
DOCUMENT to the same extent as if said DOCUMENT had been executed
prior 'to said Deed of Trust.
' 5/1/91 Great We.qram
DATED BENEFICIARY OR T]~J~TEE
· ~thony
' ~itl~. Asst. ~ice President
Signature of BENEFICIARY or TRUSTEE must be notarized.
Attach the appropriate acknowledgement.
I certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution of said Council
adopted on July 27, 1987 that the city of Encinitas consents to the
making of the foregoing Subordination Agreement, and consents to
recordation thereof by its duly authorized officer.
WARREN H. Manager
City of Encinitas
MW/03/COV2-176wp5 (4-26-91/3)