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2002-208654
DOC !. 002-020865a RECORDING REQUESTED BY: ~R 7L2, 2002 4: 525 OFFICIAL BECORDS CITY OF ENCINITAS BAN OlE60 COUNTY REC~0ER'8 OFFICE GREGORY J, 8MHH, COUNTY RECOROER ~EN RECO~ED M~L TO: FEES: 0.00 0C: NA CITY CLE~ ~AYS: ~ CITY OF ENC~TAS 505 SOUTH V~CAN AVE~ ENCINITAS, CA 92024 For the benefit of the City of Encinitas ASSESSOR'S P~CEL NO. 264-241-21,22,23,24,25 PROJECT NO. 7332-G ~ & G~NT OF TEMPO~Y EASEMENT FOR ~C~ATIONAL T~ILS This document is being~ecorded to co~ect an e~or in the Easement for Recreational Tr~ls recorded as document number 1999-0350892 on May 24, 1999 in the office of the County Recorder of San Diego County. ("OWNERS", hereinafter) are the owners of real property described in Exhibit "A" which is attached hereto and made a part hereof ("PROPERTY" hereinafter). For valuable consideration, OWNERS hereby grant to the City of Encinitas ("CITY" hereinafter), (for the benefit of CITY), a temporary easement across PROPERTY located as described in said document 1999-0350892, 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. In accordance with Resolution PC 99-09 adopted by the Planning Commission of the City of Encinitas on February i 1~h 1999, the easement as described in document 1999- 0350892 was intended to be in use for approximately one year. The easement was to be temporary in nature. This Temporary Easement is no longer needed since the permanent trail is improved along the north side of Double LL Ranch Road and is accepted by the City Engineer of the Cit~ of Encinit~, therefore, the Easement for Recreational Trails recorded ~ document number I999-0350992 on M~y 2~, 1999 ~n ~he office o~th~ County Recorder of San Diego Coun~ is no longer in forc~ or ~ect. ~ /, ~ ~ I,~ S[~ature of O~vners to be notarized. Aa~ch the appropriate ac~owledgements, I certi~ 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 ~anted thereon, and consents to t~ recordation thereof by its dui,/authorized officer. / .d~-3 .~-.~ Leroy C. Bodas Director of En~ineerin~ Ser,/ices EXHIBIT 'A' LEGAL DESCRIPTION PUBLIC RECREATIONAL TRAIL EASEMENT An easement 12.00 feet wide, for pubiic recreational trail purposes over a portion of the lot designated as Remainder Parcel of Map No. 13566, in the Cit7 of Encinitas, County of San Diego, State of California, according to Map thereof No. 13566, filed in the Office of the County Recorder of San Diego County on April 22, 1996, said trail easement lies 6.00 feet on each side of the following described centerline: Beginning at a point on the North line of said Remainder Parcel whence the Northeast corner of said lot bears North 87° 32' 00" East 1027.48 feet; thence South 40°45'40" East 717.63 feet; thence North 78008'41'' East 289.09 feet; thence North 52°27'37'' East 204.19 feet more or less to a point on the Westerly sideline of the existing 8.00-foot recreational trail easement granted to the City of Encinitas, County of San Diego, State of California, according to the document recorded as F/P No. 1999-0094719 recorded February 17, 1999, O.R., said point being the Point of Terminus, The sidelines of this easement shall be extended or shortened as necessary to close onto the North line of said Remainder Parcel on the North and onto the Westerly sideline of said existing 8.00-foot trail easement on the East. This legal description was prepared by Jori Blake, PLS 4368 on April 16, 1999. J~on''~'~ Expires 9/30/01 ~ Blake PLS 4368 trtl-esmb,doc .CITY OF ENCINITAS EASEMENT PLAT' ~_ F)~"~/t~, ,--- . . ,") (', I ,.t.1 _ Conway & Associates, Inc. T~ho~ (7~o)7~s4453 SHeet" 1 OF I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of ~..' o;..~,. Date Name and Title ~ ~cer (eg., 'Jane D~, Nota~ Public") personally appeared ~ porsonally known to mo ~roved to me on the basis of satisfacto~ evidence to be the person~whose subscribed to the within instrument and acknowledged to me that he/~executed the same in his/~ authorized capacity(i~ and that by his/~t~ signature~n the instrument the person~or the entity upon behalf of which the person~ ~~lL~' ' -~ acted, executed the instrument. ~~s,,~o~ ~ ~ WITNESS~ cal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could p~vent fraudulent removal and rea~achment of this fo~ to another document. Description of Attached ~u~ent Title or Type of Document: Document Date: ~/~1 / G ~ Number of Pages: Zh n Above: C~pa~it~{i~} Claim,d b~ 8i~n~r Si~n~r's Rame: ~ Corporate Officor-- ~ Pa~ner -- ~ Limited ~ General ~"~' ~ Attorney in Fact ~ Trustee ~ Guardian or Consewator ~ Other: Signer Is Representing: AL~-PURPOSE ACKNOWLEI~MENT State of California , $$. Counly of San Diego ~,~/ Ne_al Ganz On _ ~ ~P~ before me, personally ap~ared ~R~O ~ ~ ~ ~rsonally known to me - OR - ~proved to me on the basis of satisfactory evidence to be thc pcrson(s) whose name(s) is/are subscribed to ~he w~hin instrument and acknowledged ~o me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures(s) on the'instrument the person(s), or the enIily upon behalf of which the ~u~ person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT [] PARTNER(S) NUMBER OF PAGES [] ATFORNEY-[N-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT [] OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT ~^ME o~ PERSOr4~S~ OR ~rcmva~ OF SIGNER APA 5/99 VALLEY-SIERRA, 80~-362-3369 ~ Na~ne and T'tle of Officer (e.g, ~Jane DCa, ry" Cate Note Public parsona,y appeared Name(s) of Signer(s) [] personally known to me ~-15roved to me on the basis of satisfactory evidence to be the person(s) whose name(s)~are subscribed to the within instrument and acknowledged to me t~bat~she/they executed the same in 4¢-~e r/their _.a.ut ho rized ,~ j!!~L~Commisalon-~v ~ ~e, -~--- -----. -#1219354< signature(s) on the instrument the person(s), or [~Notary Public- CallfOmla(p the entity upon behalf of which the person(s) ~_M_ y___Co_m_ mls~..~lo2.~E.xp, M~AY.I~4_, _2 _0O~ acted, executed the instrument. WITNESS m~y-ha~d 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. Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual Top of thumb here [] Corporate Officer-- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1997 National Notary Association · 9350 De Soto Ave, P.O. Box 2402 · Chatswodh, CA 91313-2402 Prod No 5907 Reorder: Call Toll-Free 1-800~87g-6827 SUBORDINATION AGREEMENT WHEREAS, those parties concerned desire to have the Deed of Trust recorded 2 ~lt~ "O Z..as File/Page No. tL~.~subordinated to Grant of Easement for Recreational Trails required as condition of approval of 7332-G .("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 BENEFICIARY OR TRUSTEE By:. Kelly O~IX~nnell Title: Sen.tot V±ce Pres±dent DATED BENEFICIARY OR TRUSTEE By:. Title: 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. Leroy C. Bodas Director of Engineering Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California t ss, County of San Diego On March 1, 2002 , before me, Jill K. Alfonso, No~a~/ Public personally appeared Kelly *********************************** ~[ personally known to me [] proved to me on the basis of satisfactory evidence to be the person(~) whose name~) is/az~:X subscribed to the within instrument and acknowledged to me that he/.~,~)~J~ executed the same in his/~ authorized capacityl~B0, and that by his/E~12/~:t~t signature(~0 on the instrument the person(~, or the entity upon behalf of which the person(F.) acted, executed the instrument. WITCh'SS r~, hated an~l-efficial eal. OPTIONA~ Description of Attached Document Tithe or Type of Document: Subordination Agreement Document Date: ~:%rch 1, 2002 Number of Pages: 1 Signer(s) Other Than Named Above: Leroy Capacity(les) Claimed by Signer Signer's Name: Kelly O'DOnnell EX Corporate Officer--Title(s): Senior Vice President F~ Partner-- ~ Limited LJ General ~ Attorney in Fact ~, Trustee Eq Other: Signer Is Representing: Temecula Valley Bank SUBORDINATION AGREEMENT WHEREAS, those parties concerned desire to have the Deed of Trust recorded 2 ' Iq-C> 2-. as File/Page No. 0~,-O13 O ~ ~ ,~ subordinated to Grant of Easement for Recreational Trails required as condition of approval of 7332-G .("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 BI~NEFICIARY O-R '~PTL(STEE By: Kelly O'Donnell Title:Senior Vice President DATED BENEFICIARY OR TRUSTEE By:. Title: Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate ackno~vledgement. l 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. Bodas Director of Engineering Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '~ ss. County of San D'iego ! On Mar~ 1, 200'~ , before me, Jill K. A].foz~o, ~o~-y ~a~li¢ personally appeared Kelly **************************** [] personally known to me ~_ proved to me on the basis of satisfactory evidence to be the person(~i whose name(~) is/l~il~ subscribed to the within instrument and acknowledged to me that he/]~l~' executed the same in hi~ authorized capacity(i;~ and that by signature~) on the instrument the person(~), or the entit', upon behalf of which the person(~) acted ~ecuted the instrument. my £d sea . Place Notary Seal Abeve OPTIO(NAi Description of Attached Document Title or Type of Document: Stzbordi n~'~ nn Aq-r~<~n~_n~- Document Date: March 1: 2(3O2 Number of Pages: 1 Signer(s) Other Than Named Above: T.=~'n~ ~. Capacity(les) Claimed by Signer Signer's Name: Kelly O~[~n¢'1 1 E~: Corporate Officer- Tithe(s): S~'~or Vice ~ Par[net--~ Limited ~ Genera~ FJ Attorney in Fact ~ Trustee ~ Other: Signer Is Representing: 'l'~l~==~la ~].le~ ~