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2003-465152 00,5-04 5152 RECORD1NGREQUESTED BY: ) APR 22, 2003 4: 19 PM ) OFFICIAL RECORI~ CITY OF ENCINITAS ) ~AN DIEGO COUNTY RECBtDER'8 OFFICE ) GREGORY J. SMITH, COUNTY RECORDER Yvl-IEN P, ECORDED IVLML TO: ) FEES: 0.00 ) 0C: CITY CLEPd< ) ~YS: 2 CITY OF ENC1NITAS ) 505 SOUTH VLTLCAJ,,T AVEbFLrE ) ENCINITAS, CA 92024 ) For the benefit of the City of Encinitas ASSESSOR'S PARCEL NO. 264-m0-27 PRO.CT NO. PC m-054 ~ -l°~ GRANT OF EASEMENT FOR RECREATIONAL TRAILS A. CAROLYN KUTZKE TRUSTEE OR HER SUCCESSORS 1N TRUST, UNDER THE KUTZKE TRUST, DATED JANUARY 4, 2000 AND ANY AMENDMENTS THERETO, AS TO AN UNDIVIDED (½) INTEREST AND MARY LEIGH PORTER, TRUSTEE OR HER SUCCESSORS IN TRUST, UNDER THE PORTER TRUST, DATED JULY 18, 2000, AND ANY AMENDMENTS THERETO, AS TO AN UNDIVIDED (½) INTEREST. ("OWNER", hereinat~er) is 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 o fEncinitas ("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 m~tintain 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 run with the land and be binding upon and inure to the benefit of the encmnbrancers, 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. THE PORTER TRUST, DATED 7/18/00 Dated Owner KUTZK[ s , DATE0 U4/00 ~ affached Notarizod Signature of Owners to be notarized. Acknowlodgment. 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. / ! L~r~y C. ~c~as Director of Engineering Services SUBORDINATION AGREEMENT WHEREAS, those parties concerned desire to have the Deed of Trust recorded File/Page No. -~ subordinated to Grant of Easement for Recreational Trails required as . condition of approval of '~ 0 [ -0~/dc ("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. DATED TRUSTEE ' ' ' ~ By: '7~,~d o DATED BENEFICIARY O R-T-R-4 ;.8-T- r~ By: ~, ~-, ~(~--' Title: ,~ZLT'~d~qzf ~J~4/,O/ar/._~.,i4>~t~. 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 accepts and consents to the making of the foregoing subordination agreement and consents to the recordation thereof by its duly authorized officer. Lercy C. Bodas Director of Engineering Services GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: .~'~.,~:z~ ~----'~.~ Commission Number: ~ ~1~ ~ L'}~I Date Commission Expires: County where Bond is Filed: Manufacturer / Vendor Number: Place of Execution: ~.~C~,%i~1-~ Date: Signature: /~-~ ~ 4/94 Rec. Form #RIO CALIFORNIA ALL-PURPOSE KNOWLEDGMENT State of ~ ,~0 ¢ rT,,t0~' County of ,SdJ,/~b /'~i ~ On ,/~lFiJ q, ~)'~g'~ beforeme, ~)O_~ ~J~(-'~l ~C'lr/~J~- Date Name and 1]tie of Officer (e.g., 'Jane Doe, Nota~ I~J blic") personally appeared J']'q/,bY-hl L.-. (~¥ ~ Name(s) of Signer(s) [] personally known to me ~ proved to me on the basis of satisfactory evidence to be the person(~ whose name(~ is/am-subscribed to the  within instrument and acknowledged to me thatll'te/she/they executed the same in-h-is/her/their authorized capacity(~), and that by his/her/t,~,ek signature(j) on the instrument the person(e'), or the entity upon behalf of which the person(~i) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notaq/Public OPTIONAL Though the information be/ow is not required by/aw, 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(s) Signer's Name: Signer's Name: [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator [] Guardian or Conservator [] Other: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1996 National Notary Association · 8236 Remmet Ave., RO. Box 7184 · Canoga Park, CA 91309-7184 Prod, No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof '..~121..Yt ~,,,,~ j[ ss. U On /L~ ~r-,/..~,,~2, before me, ~' N~m~ - /Date - e and Title of OffiCer (e g, "Jane Doe, Notary Public') personally appeared ¢~GJ.-~3 iL w/FI Name(sI of Signer(s) e~idperSonally known to me roved to me on the basis of satisfactory once ~ ~ OFFICIALSEAL ~ to be the person(s) whose name(s) is/are ~/~ SHARON KAY LUX ~ subscribed to the within instrument and ~ I~-'~Y~I NOTARY PUBLIC-CAL~FORNIA~ 'z' ~.~:~-~-¢*/ COMM. NO. ~2~967 :- acknowledged to me that he/she/they executed · ~.~/ SAN DIEGO COUNTY I ~¢a~ MYCOMM.~XP OCT 8 2003 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. WITN E~/~nd Place Notary Seal Above 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: F~ Individual Fq Corporate Officer--Title(s): Topofthumbhere Eq Partner-- ~' Limited F~ General ;i Attorney in Fact F~ Trustee !% Guardian or Conservator [~ Other: Signer Is Representing: © 1999 National Notary Association · 9350 De Soto Ave, ~O Box 2402 * Chatswodh, CA 91313-2402 · www nation~inotary org Prod NO 5907 Reorder: Call Toll Free 1-800-876 6827 ALL-PURPOSE ACKNOWLEDGEMENT State of Oregon } County of Washington }ss: April 30, 2002, before me, ~o~-,~cb.~'x '~tl ~!~ Notary Public, personally appeared On Tom Gilroy 8, G. E. Klein [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to to the within instrument and acknowledged to me that she/he/they executed the same in his/her/their authorized capacity(ies), and that by .:. ~.> _ his/her/their signature(s) on the instrument the person(s) on ~ the entity upon the behalf of which the person(s) acted, ~ ~i~ r ~i~v,. ~. ~y_~_~ ~ executed the instrument. ~,, WITNESS my hand and official seal Notary Public in and for said County and State[x] Description of Attached Document Title or Type of Document: Subordination Agreement Document Date: April 30, 2002 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Tom Gilroy Signer's Name: G. E. Klein [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title: Assistant Vice President Title: Mortgage Underwriter [] Supervisor [] Supervisor [] Authorized Signer [] Authorized Signer [] Other: [] Other: Signer is Representing: Signer is Representing: American Securites Company Wells Fargo Bank, N.A. EXHIBIT "A" THE LAND REFERRED TO HEREiN IS SITUATED 1N THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LOT 15 OF THE SUBDIVISION OF RANCHO LAS ENCiNITAS, iN THE 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, DESCRIBED AS FOLLOWS: BEGINNiNG AT THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NORTH 86° 45' EAST ALONG THE SOUTHERLY LiNE OF SAID LOT, A DISTANCE OF 835.00 FEET TO THE SOUTHWEST CORNER OF LAND CONVEYED TO CHESTER R. CARTER, ET AL, BY DEED RECORDED JUNE 28, 1966, SERIES 7, BOOK 1966, AS FILE NO. 105760 OF OFFICIAL RECORDS; THENCE NORTH 6° 40' WEST ALONG THE WESTERLY LiNE OF SAID CARTER'S LAND, 612.00 FEET; THENCE NORTH 87° 25' 34" WEST 808.75 FEET TO THE WESTERLY LiNE OF SAID LOT 15; THENCE SOUTH 3° 45' EAST ALONG SAID WESTERLY LiNE 693.00 FEET TO THE POiNT OF BEGINNiNG. EXCEPT THEREFROM THAT PORTION LYiNG SOUTHWESTERLY OF A LiNE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LiNE OF SAID LOT 15, DISTANT THEREON NORTH 86° 45' EAST 475.45 FEET FROM THE NORTHWESTERLY CORNER OF LOT 18 OF SAID RANCHO LAS ENCiNITAS; THENCE NORTH 21° 15' 32" WEST 211.85 FEET TO THE BEGINNiNG OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAViNG A RADIUS OF 400.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49° 05' 28" A DISTANCE OF 342.72 FEET TO THE BEGINNiNG OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAViNG A RADIUS OF 175.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 00' A DISTANCE OF 91.63 FEET; THENCE TANGENT TO SAID CURVE NORTH 40° 21' WEST 74.29 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 222.14 FEET; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE TO THE NORTHERLY LINE OF PARCEL 1 HEREiN DESCRIBED. AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND TELEPHONE LiNES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS: THE SOUTHWESTERLY 30.00 FEET THEREOF. A PORTION Of LOT 15 Of THE SUBDIVISION OF RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 27, 1898, ALSO BEING A PORTION OF THAT LAND DESCRIBED IN DOCUMENT NO. 1994- 0452884 RECORDED JULY 21, 1994 IN SAID COUNTY RECORDER'S OFFICE, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LAND; THENCE SOU'IH 86'45'00" WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID LAND, 40.00 FEET; THENCE DEPARTING SAID BOUNDARY, NORTH 05'15'00" WEST 20.00 FEET; THENCE PARALLEL WITH SAID SOUTHERLY BOUNDARY, NORTH 86°45'00" EAST .58.81 FEET TO THE EASTERLY BOUNDARY OF SAID LAND; THENCE SOUTH 06'40'00" EAST, ALONG SAID EASTERLY BOUNDARY, 20.04 FEET TO THE POINT OF BEGINNING. L.S. 5871 EXPIRES × 12/51/04 GARY FI/. MAGILL, /'.S. 5871 D ATE: '(/,,~/~-//o ,-~,...- FILE NAME: MART-LGL. DWG PLOT DATE: 05-18-02