1999-94719 RECORDING REQUESTED BY: 3431
WHEN RECORDED ~IL TO; ~r~.UI~L
CITY CLERK U~E~uRt ~,. S~H~ ~" ~' r, ~
CITY OF ENCINITAS ~:
505 SOUTH ~LC~ A~NUE ~y~: n
ENCINITAS, CA 92024
ASSESSOR'S P~CEL NO. 264-241-07 PROJECT NO. TM 87-041
W.O. NO. 3513-I
G~T OF EASEMENT
FOR RECREATION~ T~ILS
A. Christopher S. Lloyd, a married man; and Gregory Cleary, a
married man
~"OW~R", hereinafter) is the o~er of real property described in
is attached hereto and made a part hereof
~xhibit
("PROPERTY" hereinafter).
For valuable cons~dora~ion~ O~NER hereby ~ran~s ~o the C~y of
Enc~n~as ("CITY" hereinafter), (for the benefit of CITY)
easements across PROPERTY located as descr~Ded in Exhib~
which are a~ached hereto and made a par~ befool, for
Recroa~onal Tra~l purposes which ~ncludo, w~hou~ l~m~tat~ont use
by me, ers of tho public ~o walk, ~o~, run, r~de horses, and
opera~o non-motorized bicyclos. Ho~oTor, no mo~orcyclos or o~her
motor 7eh~cles shall be pe~ted on the tra~ls with ~he exception
emergency and maintenance vehicles.
B. CITY a~rees to properly ~d safoly maintain the tra~ls and
related ~roTements to a level satisfactory to ser~e sufficiently
the p~l~c need. Construction and maintenanco activities ~nclude,
bu~ aro no~ l~mited to, work on, below, and ~oTe th~ surfaco of the
C. Pursuan~ ~o a po~t ~ssuod by ~he CITY, pr~va~o o~ors
lo~s ad3acen~ ~o ~he oasement ~ran~od ¢o ~he CITY may construc~ and
maintain driveways and ~ns~all ~der~round ut~l~tZes across
easement, s~3ect ~o the ~ollow~n~ conditions:
1) N~ ~uerCs, bom, d~ches or o~er ~eatures ~hich ~y ~ede or
restrict ~e ~ntenOod uso o~ the trail, shall b~
2) Tho surf~co of ~ho dr~voway which cro~sos ~e eas~en~ mus~
smoothed ~o a ievel satisfactor~ to ~e Director of
Services.
3) The grade of the driveway whic~ 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 incumbrancers, successors, heirs,
personal representative, transferees and assigns of the respective
parties.
F. If either party is required to incur cost to enforce the
provisions of this easement, the prevailing party shall~3De entitled
to full reimbursement of all costs, including re~nab~attorney's
fees, from the other party.
Dated ~(o--~ Owner// ~/////~
Signature of Owners to be notarized. I
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, 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 duly authorized office~ ~ ~ ~ ~
Alan D. Archibald
Director of Engineering Services
CALIFORNIA ALL-PURPO~ ACKNOWLEDGMENT
State of (~1:~1..[ F0C..t~ 3 ~ 3 3
County of ~Pff~
Da e Name and Title of Officer (e.g,, "JaNe Doe, Notary Public")
personally appeared (~ ~?-.~.. C~O~.~ C [.~.~..'~N arno(s) o f Sign e r (s)
~-personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(~
whose name(~ is/a~ subscribed to the within instrument
and acknowledged to me that he/st~.e/tl'~,y executed the
same in his/h~T/tl)~ir authorized capacity(i~), and that by
his/t'~/th~ir signature(~ on the instrument the person(~),
or the entity upon behalf of which the personO~ acted,
executed the instrument.
WITNESS my hand and official seal.
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: ~-gf'O..rl~r O~ ~0..~t.~¢.~ 3¢O~ ¢-.~-~-t0~C4\ '~'¥-c~.~
Document Date: 10'-~'- ~0 ~' g' 0"¢LJ ¢1'~,~ Oi4;j ~' Number of Pages:
Signer(s) OtherThan Named Above: 0-.Y~t't%~oC~r)O¢ co. L-~o',~0~
Capacity(les) Claimed by Signer(s)
Signer's Name: ~r-~9~r~ ~\{~0.~ Signer's ~ame:
[] Individual [] Individual
[] Corporate Officer [] ~orporate 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:
995 National Notary Association · 8236 Remmet Ave., Re. Box 7184 · Canoga Park, CA 91309-7184 Prod No 5907 Reorder: Carl TolkFree 1-800-876-6827
3434
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
On March 12, 1998, before me, Leona V. Kauflin, Notaxy Public, appeared Christopher S.
Lloyd, 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 executed the same in his
authorized capacity, and that by his signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~"~ CeonaV. Kauflin ~
~e ~./~,~.~ Comm. # 1044t27 ~
t_~ ..................... :: :: l.~ona V. Kauflin, Notary J~ublie~'~
G:~PL-95L&CKLLOY3
3435
SUBORDINATION AGREF24ENT
WHEREAS, those parties concerned desire to have the Deed of Trust
recorded 8/30/90 as File/Page No. 90-474480 , ~nd modified
by agreement recorded 10/30/92 as File/Page No. 92-0694799 ,
and modified by agreement recorded 2/22/94 as File/Page No.
94-0117932 , subordinated to Grant of Easemen~ for Recreational
Trails required as condition of approval of TM 87-041
("DOCUMENT" hereinafter);
Now, therefore, the valuable consideration, the receipt of which is
hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby
waves the priority of said Deed of Trust in favor of said DOCUMENT
of the same extent as if said DOCUMENT had been executed prior to
said Deed of Trust.
DATED BENEFICIARY OR TRUSTEE
By:
Title:
04/02/98 FIRST CHOICE FORECLOSURE SERVICES, SUCCESSOR TRUST]
DATED
BEN IARY OR TR ST ~ ~
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 Noven%ber 9, 1994, the City of Encinitas consents to
the making of the foregoing Subordination Agreement and consents
to the recordation thereof by its duly authorized officer.
Director of Engineering Services
ALL PURPOSE ACKNOWLEDGEMENT
}
STATE OF CALIFORNIA } SS.
COUNTY OF SAN DIEGO }
On 04/~?/98 before me, DANIEL H. MCCAULEY
#
personally appeared JENNIFER L. MCCAULEY
-- ~rsonally known to~ETfJ~(or proved
to me on the basis of satisfactory evidence) to be the person(r) whose name,(aJ'(~are subscribed to the within
instrument and acknowledged to me that heJ~they executed the same.in his~their authorized capacity/~J--,
and that by his h~their signature.9~Fon the instrument the person(s) or the entity upon behalf of which the
persoq~acted, executed the instrument.
WITNESS my hand and official seal.
3437
EXHIBIT ~A"
GRANT OF EASEMENT FOR RECREATION TRAILS
PROJECT NO. TM 87-041
PROPERTY DESCRIPTION
Remainder Parcel of Parcel Map 17446, in the City of Encinitas,
County of San Diego, State of California, filed in the office of
the County Recorder of San Diego County on November 14, 1994 as
File No. 1994-0657653 of Official Records.
END PROPERTY DESCRIPTION
N
EXHIBIT ~B"
3438
GRANT OF EASEMENT FOR RECREATION TRAILS
PROJECT NO. TM 87-041
LEGAL DESCRIPTION
An easement, 8.00 feet wide, for recreational trail
purposes, across Lot 7 of City of Encinitas Tract 87-041,
in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 12816, filed in
the Office of the County Recorder of San Diego County on
May 21, 1991, and across that portion of the parcel of
land shown as "contiguous ownership not a part "on said
Map No. 12816, which lies northerly of the north boundary
of City of Encinitas Tract 93-029, according to Map
thereof No. 13320, filed in the Office of the County
Recorder of San Diego County on April 25, 1996.
Said easement lies 4.00 feet on each side of the following
described centerline:
Beginning at point on the north boundary of said Map
No. 13320, whence the northeast corner of said Map bears
North 69° 08' 08" East ( North 69° 39' 48" East per Map
No. 13320 ) 95.94 feet; thence North 20° 51' 52" West
60.00 feet; thence North 14° 13' 34" East 93.63 feet to
an intersection with a line that is parallel with and 4.00
feet westerly of the west line of Lone Jack Road, as said
road is shown on Map No. 12816; thence North 25° 44' 15"
West, along said parallel line, 100.00 feet to the
beginning of a curve that is concentric with and 4.00 feet
westerly of the 380.00 foot radius curve in the westerly
line of said Lone Jack Road; thence northerly along said
concentric, 384.00 foot radius, curve thru a central angle
of 5° 49' 40" an arc distance of 39.06 feet; thence,
leaving said concentric curve, North 19° 37' 41" West
93.0~ feet; thence North 4° 49' 53" West 174.~O feet;
thence North 17° 47' 07" West 144.40 feet; thence North
5° 52' 55" East 88.62 feet; thence North 55° 06' 39"
East 91.94 feet to an intersection with a line that is
parallel with and 4.00 feet westerly of the west line of
said Lone Jack Road; thence North 6° 15' 09" East, along
said parallel line, 74.48 feet to the beginning of a curve
that is concentric with and 4.00 feet westerly of the
360.00 foot radius curve in the westerly line of said Lone
Jack Road; thence northerly along said concentric, 356.00
foot radius, curve thru a central angle of 13° 15' 21', an
arc distance of 82.36 feet; thence North 7° 00' 12" West,
along said parallel and 4.00 foot westerly line, 44.99
feet to the beginning of a curve that is concentric with
and 4.00 feet westerly of the 170.00 foot radius curve in
the westerly line of said Lone Jack Road;
page 1 of 2 pages
3439
thence northerly along said concentric, 174.00 foot
radius, curve thru a central angle of 28° 04' 48', an arc
distance of 85.28 feet; thence North 21° 04' 36" West,
along said parallel and 4.00 foot westerly line, 24.01
feet to the north boundary of said Map No. 12816, whence
the northeast corner of said Map bears North 86° 59' 44"
East 37.24 feet.
The easement described in this legal description is
intended to replace and supersede the recreational trail
easement shown on Map No. 12816.
This legal description was prepared by Jon Blake, PLS 4368
on February 25, 1998.
on Blake PLS 4368
expires 9/30/01
page 2 of 2 pages
GOVERNMENT CODE SECTION 27281 3 ,~/~ 0
This is to cer[ify that the interest in real property conveyed by deed or grant dated
January 13, 1999 from ,Christopher S. Lloyd, a married man; and Greqory Clean/, ,~
married man., to the City of Encinitas, a Municipal Corporation, is hereby accepted by the
undersigned agent on behalf of the City Council of the City of Encinitas pursuant to
authority conferred by Resolution of the City Council of the City of Encinitas adopted on
November 9, 1994 and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: ~- -lO-~
Alan D. Archibald, P.E. Director of Engineering Services
City of Encinitas