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1999-558271 gQo.o ss27 340"/ DO 1999-0558271 RECORD~G REQUESTED BY: ) mu~ 12, 19.~9 11: 07 AM ) WHEN RECORDED MAIL TO: ) ~FICI~ ~ ) SAN I)IEGO COUNTY K~ORDER'8 OFFICE GREGOR~Y J. SMITH, COUNTY RE~OP, DER CITY CLERK ) FEES: 0.~ CITY OF ENC~ITAS ) 0~: ~ 505 SOUTH VULCAN AVENUE ) ~AYS: 2 ENCINITAS~ CA 92024 ) w.o. No. GRANT OF EASEMENT FOR RECREATIONAL TRAILS A. Michael W. Lyon and Karen D. Lyon, Husband and Wife as Joint Tenants ("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 th,e 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. 3408 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 enfome 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. Dated Owner ,~ 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 Grant of Easement for Recreational Trails, accepts the easement granted thereon, and consents to the recordation thereof by its duly authorized officer. Alan D. Archibald Director of Engineering Services State of California San Diego County of On \)l,(.[L~ 9, [~ beforeme, Sarah E. Roll, notary public personally appeared (~/~.l'~ ~0. b.~cr%. ~ [~'~'% Name(s) of Signer(s) -J~pcr~or, ai',y kuowEto me - OR -.,~oroved to me on the basis of satisfactory evidence to be the person(s) whose name(s),l~are subscribed to the within instrument and acknowledged to me that ,~zr,,be/they executed the same in,l;C,e/hec/their authorized capacity(les), and that by i~' ~r~ ...... (~:R~/~,I~ ..... i 4'fisCher/their signature(s) on the instrument the person(s), ,¢~ SARAH E. ROLL ,,, or the entity upon behalf of which the person(s) acted, -~ ~ NOTARY PUBLIC - CALIFORNIA = ~ COMMISSION ,¢ 1199930 {::::: executed the instrument. ~ \',~.~// SAN DIEGO COUNTY ~ ~ My Commission Exp. Oct. 29, 2002 ~ WITN ESS 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 'l'itle or Type of Document: .~Y'D.~ ~ ~ '~1'~_..~.~~ Document Date: ~'~l~'' J~ 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 rq General [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee D Trustee [] Guardian or Conservator ~ [] Guardian or Conservator [] Other: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1995 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309~7184 Prod, No. 5907 Reorder: Call Toll-Free 1-800-876-6827 3410 SUBORDINATION AGREEMENT WHEREAS, those parties concemed desire to have the Deedsof Trust recorded t a--3o-~t~as · ~$.e~ 8& t~z...~ . . . - ~ Fde/Page Noa~subordlnated to Grant of Easement for Recreational Trads required as condition of approval of ("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 ~ ~I~7/~ ;FICIARY OR TRUSTEE Title: 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 consents to the making of the foregoing subordination agreement and consents to the recordation thereof by its duty authorized officer. I I Alan D. Archibald Director of Engineering Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT D ~monal~ kno~ to me - OR~mv~ to me on ~e basis o~tisfa~o~ eviden~ ~ ~ ~e pe~(s) ' ~ w~ name(~m sub~b~ ~e ~in in~m~ and a~ed~ to me ~h~)~ exe~ ~e ~r~eir signature(s) on ~e I~tmm~ ~e ~(s), or ~e enti~ upon behalf of wh~ the pemon(s) a~, O~NOTARY PU~ALIF~.IA~ WITNESS my hand and offi~al se~, OP~ONAL - ~scription of Affached D~ume~ ~c~ent Date: ~- ~ ~ ? ~ ~ Number of Pages:. ~ ~ S~ner(s) ~er ~an Nam~ ~ove: .. ~ ~ Capaci~(ies) Clalm~ by Signe~s) Signer's Name: Sign's Name: ~ ~mte Officer G Co,orate ~r T~e(s): ~.e(s): D Pa~ner -- D Lim~ed ~ General G Pa~er -- ~ Limit~ D General ~ Aaomey-in-Fa~ ' ~ Aaomey-in-Fa~ ~Tm~ee ~ Tmst~ ' ~ Gua~ian or Consewator D Gua~ian or Consewator ~ Signer Is Representing: Signer Is Representing: 3412 EXHIBIT A Recreation Trail Easement That Portion of Certificate of Compliance Document No. 94-03735 Recorded in the County of San Diego on June 9, 1994 more particularly described as follows: Commencing at the most Southwesterly point of Parcel B of Certificate of Compliance Document No. 94-03735, filed in the county San Diego on June 9, 1994, Thence along the Westerly boundary of said Parcel B North 3 Degrees 14 Minutes 05 Seconds West, 29.99 to the true point of beginning; Thence North 50 Degrees 45 Minutes 55 Seconds East, 13.61 feet; Thence leaving said Westerly boundary North 86 Degrees 45 Minutes 55 Seconds East, 166.01 feet to a point on the Easterly boundary of said Parcel B; Thence along the Easterly boundary of said Parcel B South 24 Degrees 15 Minutes 45 Seconds West, 9.02 feet; Thence leaving said Easterly boundary South 86 Degrees 45 Minutes 55 Seconds West, 172.86 feet to the point of beginning. EXHIBIT B 3 413 ~ DATA (~ 20' WATER PIPELINE EASEMENT REC'D 12/30/71 AS FILE NO. 304347 O.R. s 87~'11'4.._4".~w 181.44' O 10' WATER PIPELINE EASEMENT REC'D 11/13/78 AS FILE NO. 78-489986 O.R. ~ ~ 20' WATER PIPELINE EASEMENT · " REC'D 3/26/79 AS FILE NO, 79-121220 O.R. ~ ~ (~ 20' PRIVATE ROAD AND PUBLIC ~ ~ ~ UTILITY EASEMENT PER PM 15614. u_] PARCEL B Q 40' PRIVATE ROAD EASEMENT EEC, 5/26/79 AS DOC. NO. 79-121220 O~. C OF C AS SHOWN ON PM 15286 ~ REC. DOC. ,If  (~) 8' ROAD EASEMENT PER 94-0162999 ~ 94-03735 AND 95-130478. REC. 6/9/94 ~1 O 20' PRIVATE ROAD EASEMENT PER FILE # 94-0162996 & 7 / ~ 8' RECREATIONAL TRAIL EASEMENT DEDICATED TO CITY OF ENCINITAS HEREON ~ I POR. PAR. 2, :3, 4 ~ PM 15614 SITE ~ DUSI'f TRAIL REST RD. <L-'L I RANCHO .~ / RD/ ~ LONE ,~ SANTA FE VICINITY MAP NO SCALE  ~9.02 ~' ~ R/W--; --~o~,~-~ ~ ~' ~NASLAND ENGINEERING PLAT TO ILLUSTRATE c,,.,,~ .N.,N.~..,,. s,,.,,~',,,,~. ~ ,'.,N.1,,~ LEGAL DESCRIPTION OF  ornia, 92111 . 619-292-7770 ~-~o-,~.t EOUESTRIAN TRAIL LAWRENCE P THORNBURGH J/IS 7298 DATE SHEET 1 OF