1996-230536RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ENCINITAS
505 SOUTH VULCAN AVENUE
ENCINITAS, CA 92024
ASSESSOR'S PARCEL NO. 264-451-18~19 PROJECT NO.92-101PM
W.O. NO. 3478-I
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A. L.H.E. LTD, a California Limited Partner~h~?
("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
367
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
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 rea
, torney s
fees, from the other party.
3-~-q~
Dated
KRISTI HANNA,
President & Secretary
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 consents to the recordation
thereof by its/dul/ authorized officer./~ ~h ~, ~ ~ ~
DATE: BY:
v Alan D. Archibald
Director of Engineering Services
COV4264a
CALIFORNIA ALL-PU SE ACKNOWLEDGMENT 3 6 8
State of ~
County of 0/~ ~
Name and Title of Officer (e.~., 'Jane Doe~-No ff~'~ Public")
personally appeared ~Yl'~'~~
*~/peraonally known to me - O~ -[2 proved to me on the basis of satis[actory evidence to be the person(s)
whoso name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authodzed capacity(ies), and that by
i- ~. - - "~""-',-~ - i his/her/their signature(s) on the instrument the person(s),
~_ _~-~i .^,~=. =,or the ent,ty upon ~eha,, o, wh,ch the person(s)acted,
~ ~ NOVEMBER 4, 1~6 ~ WITNESS my hand and official seal.
O~TIONAL
Though the information below is not required by law, it m~y 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 olthumb here [] Other: Top et thumb here
Signer Is Representing: Signer Is Representing:
PE 536C
EXHIBIT "A"
LOTS 1 AND 2 OF CITY OF ENCINITAS TRACT NO. 92-101 1N THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING
TO MAP THEREOF NO. 13208 RECORDED JUNE 1, 1995 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY.
370
PE 536C
EXHIBIT "B"
THE SOUTHERLY 10.00 FEET OF LOTS 1 AND 2 OF CITY OF ENCINITAS
TRACT NO. 92-101 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 13208
RECORDED JUNE 1, 1995 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY.
SUBORDINATION AGREEMENT
WHEREAS, those parties concerned desire to have the Deed of Trust
recorded 11-16-92 as File/Page No. 92-0730089 subordinated to
Grant of Easement for Recreational Trails required as condition of
approval of TM 92-101 ("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.
DATEb BENEFICIARY~~
By: Andrew L. GaKllano
Title:
By: Delia/,R. GaKliano
Title: /3
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.
Date ~l~ By ~~~
' ~%lan D. Archibald
Director of Engineering Services
COV4264a
CAL, IFORNIA ALL-PU SE ACKNOWLEDGMENT
County of ~t~
personally appeared ~0~/~0 L_, ~"/2ELi~ ~:
"~ersonaliy 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 the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(les), and that by
~- -~::: ~ ~t;~t~:~lil~'.q-i:~y- .... ~, his/her/their signature(s) on the instrument the person(s),
~" '°"=~'"r~ ~'~ ' """"--. ~ C0mm. # 1075581~:~ or the entity upon behalf of which the person(s) acted,
~ ~,~'~J~) NOTARY PUllLIC-CAUFORNtA UJ ~1 executed the instrument.
~ \~'/ s~. ~i,~o co~.~ '
,~' ",~IP' ~ cor~r,. £~i~. O~t, ~;~, 1~9 "~ WITNESS my hand and official seal.
Though tho information below is not required by law, it ma~ prove valuable to persons rolyin~ on tho document and could pmveal
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(ies) 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: ~Op of thumb here [] Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
1994 Nalional Notary AsSociation · 8236 Remmet Ave., Re, BOX 7184 · Cancga Park, CA 91309-7184 Pro~l. No+ 5907 Reef(Set: Call Toll-Free 1-800-876-6827