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2002-431619" 002 -04 161.9 RECORD1NG REQUESTED BY: ) MAY 21, 2002 4: 25 PM CITY OF ENC1NITAS OFFICIA[ RECO~D8 SAN DIEGO COUNTY REGORDER'8 OFFICE ) 8ES0[~ J. S~ITH, C01]~IY R[C0~I)ER WHEN RECORDED MAdL TO: ) FEES: 36.00 ) 0C: NA CITY CLERK ) WAYS: 2 CITY OF ENCINITAS ) 505 SOUTH VI]LCAN AVENUE ) For the benefit of the City of Encinitas ASSESSOR'S PARCEL NO. 264-151-29-00 PROJECT NO. TM 01-054 GRANT OF EASEMENT FOR RECREATIONAL TRAILS A. SCOTT M. HODGES AND SHERRY M. HODGES, HUSDAND AND WIFE ("OWNER", hereinafier) is the owner of real property described in Exhibit "A" 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), easements across PROPERTY located as described in Exhibit "B", 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, mn, 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 any driveway which crosses the easement must be smoothed to a level satisfactory to the Director of Community Services. 3) The grade of any 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 mn 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 enfome 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 ~/~/~_- Own er: _~t,'~/'~.~ Signature of Owners to be notarized. Attach the appropriate 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 Grant of Easement for Recreational Trails, accepts the easement granted thereon, and consents to the recordation thereof by its duly authorized officer. Leroy C. Bodas Director of Engineering Services CALIFORNIA ALL-PURPOS~CKNOWLEDGMENT : ~m,(s) of S,gner{s) ~ personally known to me - OR - ~ proved to me on the basis of satisfacto~ 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/her/their authorized capacity(les), and that by  his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.  WITNESS my hand and official seal. OPTIONAL Description of Attached Document T~tle or Type of Document: Document Date: Number of Pages: Signe~(s) Other Than Named Above: Capacity(les) Claimed by SiGner(s) Signer's Name: Signer's Name: ~ individual ~ Individual ~ ~orpo~ate Officer ~ Corporate Officer ~tle(s): Title(s): ~ Pa~ner ~ ~ Limited ~ General ~ Pa~ner ~ ~ Limited ~ General ~ Attorney-in-Fact ~ A~orney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ ~ua~dian or Conse~ator Signer Is Representing: Signer Is Representing: © 1995 National Notary Asscciation · 8236 Remmet Ave. PO Box 7184 · Canoga Park, CA 91309-7184 Prod, NO. 5907 Reorder: Call Toll-Free %800-876-6827 SUBORDINATION AGREEMENT WHEREAS, those parties concerned desire to have the Deed of Trust recorded 1["~/0 "0] as File/Page No. ~I~ subordinated to Grant of Easement for Recreational Trails required as condition of approval of 'q'. t'4, 0 [- 0 ~:t.{- ("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 Mortgage Electronic Registration April ~/~ , 2002 Systems, Inc~-~-) DATED BENE~/~~~ S~E~E By: Title: vice Preside'~[t ADril ~3, 2002 CTC Real Estate Services DATED BE~ Us/jCEE Title: /~stan~ lecretary Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate[ acknowledgement. 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 accepts and consents to the making of the foregoing subordination agreement and consents to the recordation thereof by its duly authorized officer. Leroy C. Brodas Director of Engineering Services CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF VENTURA ) On this oq~day of April, 2002, before me, Dalia Vega, Notary Public, personally appeared Ronn A. Pisapia, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. z~ ~.a~J~ Notary Public -- Califorrlicl ~ ~J ~ Ventura Counh/ [ _~[_ - _/ui~, Comm. Ex. res Jan 121 2005 r ry Public - Co ion No. 1290241 Commission Expires: January 12, 2005 CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) SS. COUNTY OF VENTURA ) On this ~day of April, 2002, before me, Dalia Vega, Notary Public, personally appeared James Jackson, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. i ~- - -D~lfv~<~f -- - i ~ ~,~,~.~jjJ~ Nota~ PU~C -- Calif~ia J ~ V~tura ~n~ ~i:~f ;~;,,c ~ ,ssio n N o. 1290241 Commission Expires: January 12, 2005 EXHIBIT A Parcel 1 of Parcel Map No/2774, filed in the Office of the County Recorder of San Diego County, June 18, 1974, being a portion of Lot 18 of Rancho Las Encinitas, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 848, filed in the office of the County Recorder of San Diego County, June 27, 1898. EXHIBIT B THAT PORTION Of PARCEL 1 Of PARCEL MAP NO. 2774 FILED IN THE OFFICE OF THE COUNTY RE- CORDER OF SAN DIEGO COUNTY ON JUNE 21, 1974 AS FILE NO. 74-1664,.'38 OF OFFICIAL RECORDS, CITY Of ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 1; THENCE NORTH 11'59'45" WEST (NORTH 12'34'33" WEST PER PARCEL MAP), ALONG THE WESTERLY BOUNDARY LINE OF SAID PAR- CEL, 94.74 FEET; THENCE NORTH 08'05'55" EAST, DEPARTING SAID BOUNDARY LINE, 16.26 FEET; THENCE NORTH 02'14'40" WEST 49.60 FEET; THENCE NORTH 10'05'59" WEST 65.6,3 FEET; '[HENCE NORTH 10'56'25" WEST 49.56 FEET; THENCE NORTH 10'15'50" WEST ,31.55 FEET; THENCE SOUTH 81°51'44" WEST 18.07 FEET TO SAID WESTERLY BOUNDARY LINE; THENCE NORTH 11'59'45" WEST, ALONG SAID BOUNDARY LINE, 12.0,3 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL; THENCE NORTH 81°51'44'' EAST (NORTH B1'17'15" EAST PER PARCEL MAP), ALONG THE NORTH- ERLY BOUNDARY LINE OF SAID PARCEL, 97.04 FEET; THENCE DEPARTING SAID BOUNDARY LINE, SOUTH 7,3'50'01" WEST 71.9,3 FEET; THENCE SOUTH 10'15'50" EAST ,.33.24 FEET; THENCE SOUTH 10'56'25" EAST 49.58 FEET; THENCE SOUTH 10'05'59" 65.6.3 FEET; THENCE SOUTH 0,3'27'10" EAST 50.5,3 FEET; THENCE SOUTH 05'48'41" EAST 24.52 FEET; THENCE SOUTH 04-°40'22" EAST 85.01 FEET TO THE POINT OF BEGINNING. FILE NAME: HOGE-LGL. DWG PLOT DATE: 02-26-02 VIA DI ~ ~ DATA TABLE · NO. BEARING DISTANCE SCALE: 1" = 60' ' N 10'05'59" W 65.63' N 10'56'25" W 49.56' S 81'51'44" W 18.07' N 11'59'45" W 12.03' ~ ~ N 81'51'44" E 97.04' ~ ~ ,,'/ .,,'" --1 S 10'56'25" E 49.58' ~ S 03'27'10" g 50.53' ~ ," / S 04'40'22" E 85.01'  L.S. 5871 ~K 12/31/04 Z NOTES ~ AREA DESCRmBED mN EXHIBIT A.., ~ PRIVA~ FLOWAGE EASEMENT PER MAP NO. 13952. ~ EXlS~NG SE~R EASEMENT ~ EXlS~NG RECREATIONAL ~AIL EASEMENT BEARINGS ~ DISTANCES PER NAD 83. OR CALCULA~D ~EREFROM. FILE NAME: HOGE-LGL.DWG PLOT DATE: 02-26-02