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1998-596885 III I!11111, _.11 111111111 II RECORDING REQUESTED BY: Sep 18, 1998 ~: 46 P~ ~EN RECORDED ~IL T0: ~FI~I~ ~OOR~ ~ DIE~ ~TY RE~DER'8 OFFICE c~ cs~K G~ ~. SMITH, C~TY RECUR CITY OF ENCINITAS FEES: 0.~ 505 SOUTH ~C~ AVE~ ~: N~ ENCINITAS, CA 92024 ~Y~: 2 ASSESSOR'S P~CEL NO. 264-171-62 & 63 PROJECT NO.~ ~ Z4~. W.0. NO. GRANT OF EASEMENT FOR RECREATIONAL TP~AILS A. Keystone 0livenhain LLC, A California Limited Liability Company ("OWNER", hereinafter) 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, 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 Community 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 r~sulting 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. Owner ~ ~_.~_~,~,t.F/~,F,~, f/~ 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 Irrevocable Offer to Dedicate an Easement for Recreational Trails and co~Asents to the recordation thereof by it~ ~uly authorized officer./~l . ~ ~ ~ ~ ~ // DATE' q(~/~ BY: ~ [ ~~/ ' · / Alan D. Archibald Director of Engineering Services COV4264a CALIFORNIA ALL-PURPOt ACKNOWLEDGMENT County of _C~,~ v~ ~')\ '~ (~ personally appeared ~% ~ ~ Name(s) ~ Signer(s) ersonally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(~ whose name~ subscribed to the within instrument and acknowledged to me tha~hc/thcy executed the same i~cr,/thc~r authorized capacity), and that by ~cr/th~r signature(~ on the instrument the person(~, ~~~-~ ......... or the entity upon behalf of which the person(N acted, ~ ~THERINE ~'~ executed the instrument. ~/~ COMM. ~ ~0574~5 ~/ SAN DIEGO COU~ . ~ ~;~~~;~"~resApr. 3~, Ig¢g ~ WITNESS my hand and official seal. T~ou~ t~* information Oolo~ is not ro~uiro~ ~ law, it ma~ ~rovo v~l~lo ~o porson~ rolg~n~ on t~o ~omont an~ cool~ trau~ulont removal an~ roa~ac~mont et t~is term to ~not~or ~oc~mont. D eription Document Title or Type of Document: Document Date: ~umgor o~ ~a~os: 8~n~r(s) Othar Than ~amod Si~n~r's ~ame: Si~nor's ~amo: ~ Individual ~ Individual ~ Gorporato Officer ~ Gorporato Officer Title(s): Title(s): ~ ~a~nor ~ ~ Umited ~ General ~ ~a~nor ~ ~ Umitod ~ G~n~ral ~ ~ornoy-in-Fact ~ A~ornoy-in-Fac/ D lrustoo ~ lrustee ~ Guardian or ¢onso~ator ~ ~uardian or Gonso~ator ~ Other: *op of ~humb hero ~ Other: ~o~ o~ thumb Signer Is Representing: Signer Is Representing: © 1994 National Nota~/Association · 8236 Remmet Ave., P.O BOX 7184 · Canoga Park, CA 94309-7184 Prod. No. 5907 Rsorder: Ca~l Toll-Free 1-80©876-5827 SUBORDINATION AGREEMENT WHEREAS, those parties concerned desire to have the Deed of Trust recorded Io-~ ~ as File/Page No. %%%'1-o4~ subordinated to Grant of Easement for Recreational Trails required as condition of approval of N iA ("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. DAT/~D TitZ~: ~..~, F ,/'[' ' ' 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 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 authorized officer. Alan D. Archibald Director of Engineering Services COV4264a State of Califqrnia ~ADate) .. , o o~ Olicer) Name of Signe~s) j ~onally ~own to me OR ~ ~,'c~ ~ bas ' ' o ~ the pe~on(s) whose name(s) ~ sub~fi~ to ~e within inst~ment and ac~ow~Ked to me that ~ executed the same~ ] ~ ~~--~ ~ author~ capaci~(ies), and that by ~he~ ~ ~ ~ ~ ~ 1121~ I si~atu~on the inst~ment the pe~on(s), or enfi~ upon beha~ ~ ~ ~ ~_ ~ ~ which the pe~on(s) acted, executed the instrument. I ] ~: :' ~. ccmm r .... ~:~,~ ~SSmyhandando~cials~l. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattaehment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Title(s) Title or Type of DocumentJ~/O. })tn ~ {,~J £ ~L~ 1(,~y __ Partner(s) __ Limited m.J~,~.f_ 4~/(~ 6 ~[ /~ General Number of Pagos Date of Document __ Attorney-in-Fact __ Trustee(s) ~ Guardian/Conservator Other: SIGNER IS REPRESENTING: Name of person(s) or Entity(ies) Signer(s) other than named above. EXHIBIT "A" OPEN SPACE EASEMENT FOR RECREATIONAL TRAIL PURPOSES PARCEL 1 THAT PORTION OF LOT 1 OF THE CITY OF ENCINITAS TRACT NO. 88-245, ACCORDING TO MAP TI-IEREOF NO. 12684, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 15, 1990, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH-EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, SOUTH 69°34'29'' EAST 50.23 FEET; TO A POINT ON THE WESTERLY LINE OF THE OPEN SPACE EASEMENT FOR RECREATIONAL TRAIL PURPOSES AS DEDICATED ON SAID MAP NO. 12684; THENCE SOUTHERLY ALONG SAID LINE, SOUTH 14°53, 18" WEST 0.40 FEET TO A POINT ON A NON-TANGENT 40.52 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID POINT BEING THE TRUE POINT OF BEGINNING, A LINE RADIAL TO SAID POINT BEARS SOUTH 73°28'52" WEST; THENCE LEAVING SAID EASEMENT LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°36'33'' A DISTANCE OF 47.81 FEET TO THE POINT OF BEGINNING OF A 235.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHERLY, A LINE RADIAL TO SAID POINT BEARS NORTH 05°52'19" EAST; THENCE EASTERLY ALONG ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°33'12'' A DISTANCE OF 59.69 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 69°34'29" EAST 48.78 FEET TO THE BEGINNING OF A TANGENT 65 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19045'59" A DISTANCE OF 22.42 FEET; THENCE NON-TANGENT TO SAID LINE, SOUTH 61°55'30" EAST 2.23 FEET TO A POINT ON TH]E WESTERLY LINE OF LOT 13 OF SAID MAP 12684, SAID PO1NT BEING ALSO ON A NON-TANGENT 430.00 RADIUS CURVE CONCAVE NORTHWESTERLY, A LINE RADIAL TO SAID POINT BEARS SOUTH 63°13'21'' EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01019'58" A DISTANCE OF10.00 FEET TO A POINT ON A NON-TANGENT 75.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID POINT HEREIN DESIGNATED AS POINT "A", A LINE RADIAL TO SAID POINT BEARS SOUTH 02035, 16" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°50'15'' A DISTANCE OF 23.35 FEET; THENCE TANGENT TO SAID CURVE, NORTH 69°34'29"WEST 48.78 FEET TO THE BEGINNING OF A TANGENT 225.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°33'12" A DISTANCE OF 57.15 FEET TO THE POINT OF BEGINNING OF A 50.52 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY, A LINE RADIAL TO SAID POINT BEARS SOUTH 05°52'19'' WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52012'59" A DISTANCE OF 46.04 FEET TO A POINT ON SAID EASTERLY LINE OF THE OPEN SPACE EASEMENT; THENCE NORTHERLY ALONG SAID LINE, NORTH 14°53'18'' EAST 15.71 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND HAS AN AREA OF O.041 ACRE, MORE OR LESS. EXHIBIT "A -2- OPEN SPACE EASEMENT FOR RECREATIONAL TRAIL PURPOSES PARCEL 2 THAT PORTION OF LOT 12 OF THE CITY OF ENCINITAS TRACT NO. 88-245, ACCORDING TO MAP THEREOF NO. 12684, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AGUST 15, 1990, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE HEREIN DESIGNATED POINT "A" IN THE DESCRIBED PARCEL 1; THENCE SOUTHEASTERLY, SOUTH 61°53'23" EAST 40.00 FEET TO A POINT ON THE NON- TANGENT 470.00 FOOT RADIUIS CURVE CONCAVE NORTHWESTERLY, SAID POINT BEING THE TRUE POINT OF BEGINNING, A LINE RADIAL TO SAID POINT BEARS SOUTH 61°53'23" WSEST; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF LOT 13 (STRATFORD KNOLL) OF SAID ~ NO. 12684 AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°13' 20" A DISTANCE OF 10.03 FEET TO A POINT ON NON-TANGENT 46.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A LINE RADIAL TO SAID POINT BEARS SOUTH 22°53'43" WEST; THENCE LEAVING SAID EASTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°42'04" A DISTANCE OF 22.24 FEET TO THE POINT OF BEGINNING OF A 66.00 FOOT REVERSE CURVE CONCAVE SOUTHERLY, A LINE RADIAL TO SAID POINT BEARS NORTH 04°48'21" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°25'46" A DISTANCE OF 28.14 FEET; THENCE TANGENT TO SAID CURVE SOUTH 70°22'35'' EAST 75.15 FEET TO THE BEGINNING OF A TANGENT 68.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°38'081 A DISTANCE OF 101.63 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 15015'33'' WEST 20.11 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE OPEN SPACE EASEMENT FOR RECREATIONAL PURPOSES AS DEDICATED ON SAID MAP NO. 12694; THENCE NORTHWESTERLY ALONG SAID LINE, NORTH 73°45'13" WEST 12.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE, NORTH 15°15'33" EAST 21.91 FEET THE BEGINNING OF A TANGENT 56.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG TI~ ARC OF S AID CURVE THROUGH A CENTRAL ANGLE OF 85°06'21" A DISTANCE OF 83.70 FEET; THENCE TANGENT OF SAID CURVE, NORTH 70022'35'' WEST 75.02 FEET TO TIlE BEGINNING OF A TANGENT 56.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24025'46" A DISTANCE OF 23.88 FEET TO THE POINT OF BEGINNING OF A REVERSE 56.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A LINE RADIAL TO SAID POINT BEARS SOUTH 23043'07" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28031 '28" A DISTANCE OF 27.88 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND HAS AN AREA OF 0.057, MORE OR LESS. EXHIBIT "~' OPEN SPACE EASEMENT FOR RECREATIONAL TRAIL PURPOSES PARCEL 3 THAT PORTION OF LOT 13 (STRATFORD KNOLL) OF TH]2 CITY OF ENCINITAS TRACT NO. 88-245, ACCORDING TO MAP THEREOF NO. 12684, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 15, 1990, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE HEREIN DESIGNATED POINT "A", AS DESCRIBED IN PARCEL 1, SAID POINT BEING THE BEGINNING OF A REVERSED 430.00 FOOT RADIUS CUP,.VE CONCAVE NORTHWESTERLY, A LINE RADIAL TO SAID POINT BEARS SOUTH 61°53'23" EAST; THENCE NOP,_TI-~ASTERLY ALONG THE NORTHWESTEP~LY LINE OF SAID LOT 13 AND THE AP,.C OF SAID CURVE THR. OUGH A CENTRAL ANGLE OF 01°19'58'' A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID CUP,.VE, SOUTH 61°55'30'' EAST 40.01 FEET TO THE POINT OF BEGINNING OF A NON-TANGENT 470.00 FOOT RADIUS CURVE CONCAVE NOP,,TH- WESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 13, A LINE RADIAL TO SAID POINT BEARS SOUTH 63°06'43" EAST; THENCE SOUTHEASTERLY ALONG SAID LINE AND ALONG THE AP,.C OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°13'20" A DISTANCE OF 10.03 FEET; THENCE LEAVING SAID LINE, NORTH 61°53'23" WEST 40.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND HAS AN AREA OF 0.009 ACRE, MORE OP, LESS. ., 1803 · ~' EXHIB "K' 1 DRAIN. ESMT. PER MOST NW COR, MAP NO. · /)PEN SPACE EASEMENT FOR RECREATIONAL OF LOT 1, MAP: TRAIL PURPOSES -IN LOTS 1, 12, AN 13, NO. 12684 PER CITY OF ENClNITAS TRACT NO. 88-. '-<. u_..~ ACCORDING TO MAP THEREOF NO. 12684 ~ A=52'12'sg" R=50.§2' ~ ' I L--46.04' GRAPHIC SCAI~: 1"= 40' ) _N ~1 '~---d {~l~ O ~:~,"' I PARCEL 1 z~Z~ ~ 'ST ~ DETAI~/ ~ I I 3gl~ TABLE I I PA~OE[ 2 NB, BEARINf/3ELIA ~A~IUS LENGTH I N73'45'13'~ 18,00' I N15'15'33'E 21.91' I N~*Z5~: &=24'25'46" ~=84'~5'46' 56,00' ~3,88' I R=66.0~' N14*53'iS'E 15.71' I L=28.14 I &=67'36'33' 40,58' 47,81' I I & =19'45'59' 65,00' 88.48' ~ ~ A=17'50'15' 75,00' 83,35' I ~=87'48'04' 46,00' ~8,~4' I N15'lS'33'E 80,It' I I A=01'13'20' 470,00' 10,03' I ~ ~'&~ ~R A=01~19'58' 430,00' 10,00' I I , N61'55'30'~ I A=~8'31'~8' 56,00' ~7,88' I I~~ ~LECEND I ~ "OPEN SPACE EASEMENT" FOR RECREA~ONAL ~AIL PURPOSES RES PREPARED BY: 6~I6, BULTHHIS & STELMAg CI~L ENGINEERS - LAND SURVEYORS - LAND PLANNERS DA~ ~JUNE 29, 1998 W,O,~ ~-0~" SHEET 1 OF 1 ONJUBSN97-O~gNTRAILPLA,DWG