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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)