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2003-465150 DSC 005-0465150 RECORDING REQUESTED BY: I~F'~ ~2, ~.~OO~ 4: 19 ~_~ OFFICIAL RECORDS CITY OF ENCINITAS SAN DIEGO COt~TY REGORDER'S OFFICE  GREGORY J. SMITH, COUNTY RECORDER WHEN RECORDED MAIL TO: FEES: 0.00 OC: HA 9yp~ir CITY CLERK [&YS: 2 1~ CITY OF ENCINITAS 505 SOUTH VULCAN AVENUE ENC1NITAS, CA 92024 For the benefit of the City of Encinitas ASSESSOR'S PARCEL NO. 264-151-41 PROJECT NO. 7219-G -~" !' "}~ ~ PC 01-143 DRfEIA GRANT OF EASEMENT FOR RECREATIONAL TRAILS A. OL1VENHAIN COLONY VIII, A CALIFORNIA LIMITED PARTNERSHIP ("OWNER", hereinafter) is the owner of real property described in Exhibits "A" and "B" 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 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, 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 reasonable attorney's fees, from the other party. ~ ~l ~o0 ~ ~//~r~t~/,~ . t~ooKer, l'armer Dated Bob G. Lucido, Partner 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. DATE: ,.~ /Z//" BY: Peter Cota~Robles Director of Engineering Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof ~)0,~(~)i~_(~0 ~ ss. On ~)J"i J ~,~00~ ,beforeme, a~e ame and itle of Offio~r (eg," ne Doe, Not~' Public") personally appeared ~0~f)~"~L )~. J~)oJ~.~'" ~ ~Db ~-L~dO , Name(s) of Signer(s) ~personally known to me [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)"j~/are  subscribed to the within instrument and acknowledged to me that h~s,~/they executed .~ the same in hi,~t~'t h e ir 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. WITNESS my hand and official seal. Place Notary Seal Above J Signature of Notary Public OPTIONAL Though the information below is not required by/aw, i! may prove valuable to persons relying on the document and could prevent fraudulent rernova/ 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: [] Individual [_ Corporate Officer -- Title(s): Top of thumb here LJ Partner-- F~ Limited [] General LJ Attorney in Fact F~_Trustee ~ Guardian or Conservator [] Other: Signer Is Representing: SUBORDINATION AGREEMENT WHEREAS, those parties concerned desire to have the Deed of Trust recorded q'~o- o~o as File/Page No.Ttt~ s~,q'~ ol subordinated to Grant of Easement for Recreationai Trails req"~'~r~ 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. By: } ~o~-s 2. lt~a{~6/}"5 Title: V.~). 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. DATE: YJ /~?/ /(, ~' BY: / Peter Cota-Robles Director of Engineering Services ACKNOWLEDGEMENT STATE OF California } s.s. COUNTY OF San Diego On April 10, 2003 , before me, Rhonda Guthrie a Notary Public in and for said County and State, personally appeared Thomas Z. Meggas personally known to me (v. v ..... * ..... ,~.~ ~..~;~ ~c ~.,:~c~, ....... ~ .... ............................... j ......... ) 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/her4th~ authorized capacity(les), and that by his/her4th~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. FOR NOTARY SEAL AND/OR STAMP Commission # 1337103 [ Notary Public- Call.mia ~ ~~' ~ ~' ~[ · , EXHIBIT A THOSE PORTIONS OF PARCELS 2, 3 AND 4 OF PARCEL MAP NO. 8228 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER DECEMBER 29, 1978 AS FILE NO. 78-560616 OF OFFICIAL RECORDS, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER Of SAID PARCEL 2; THENCE SOUTH 33'03'48" EAST, ALONG THE EASTERLY BOUNDARY OF SAID PARCEL, 243.77 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 3; THENCE CONTINUING SOUTH 33'03'48" EAST, ALONG THE EAST- ERLY BOUNDARY OF SAID PARCEL, 132.84 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE SOUTH 11'15'4.3" EAST 53.85 FEET TO A POINT WHICH LIES 20.00 FEET W~STERLY OF, MEASURED PERPENDICULAR TO, THE EASTERLY BOUNDARY OF SAID PARCEL 4; THENCE SOUTH 33'03'48" EAST, PARALLEL WITH SAID BOUNDARY, 244.47 FEET TO THE SOUTH- ERLY BOUNDARY OF SAID PARCEL 4; THENCE SOUTH 59'01'11" WEST, ALONG SAID BOUNDARY, 10.01 FEET TO A POINT WlHICH LIES 30.00 FEET WESTERLY OF, MEASURED PERPENDICULAR TO, SAID EASTERLY BOUNDARY OF PARCEL 4; THENCE DEPARTiNG SAID SOUTHERLY BOUNDARY, PARALLEL WITH SAID EASTERLY BOUNDARY, NORTH 33'03'48" WEST 246.03 FEET; THENCE NORTH 11'15'43" WEST 52.19 FEET TO A POINT WHICH LIES IN THE SOUTHERLY BOUNDARY OF SAID PARCEL 3, DISTANT THEREON SOUTH 59'01'11" WEST 10.62 FEET FROM THe SOUTHEASTER- LY CORNER OF SAID PARCEL; THENCE CONTINUING NORTH 11'15'43" WEST 1.66 FEET TO A POINT WHICH LIES 10.00 FEET WESTERLY OF, MEASURED PERPENDICULAR TO, THE EASTERLY BOUNDARY OF SAID PARCEL 3; THENCE NORTH 3`3'0.3'48" WEST, PARALLEL WITH SAID BOUNDARY, 1.30.92 FEET TO A POINT WHICH LIES IN THE SOUTHERLY BOUNDARY OF SAID PARCEL 2, DISTANT THEREON SOUTH 59'01'11" WEST 10.01 FEET FROM THE SOUTHEASTERLY CORNER OF SAID PAR- CEL; THENCE CONTiNUING NORTH `3.3'03'48" WEST, PARALLEL WITH THE EASTERLY BOUNDARY OF SAID PARCEL, 248.`30 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL; THENCE NORTH 81'17'`31" EAST, ALONG SAID BOUNDARY, 10.98 FEET TO THe POINT OF BEGINNING. CONTAINING 6770 SQUARE FEET, 0.t55 ACRES. FILE NAME: HERLGLS.DWG PLOT DATE: 11-15-02 {~~ AREA DESCRIBED IN EXHIBIT A. 'G,~(RY F ?MAGIL'L, ~S. 5871 PRIVATE ROAD EASEMENT PER RECORD. BEARINGS &: DISTANCES PER PARCEL MAP 8228 OR CALCULATED ~EREFROM, L.S. 5871 ~ o EXPIRES SCALE: 1" = 100' X DATA TABLE NO. DELTA/BEARING LENG~ RADIUS O) s ~'~5'~" E 5~.85' ~ / ~2~t,_~- (2) S 59'01'11" W 10.01' ~3) N 11~5'43" W 52.19' ~4) N 11~5'43" W 1.66' {5} N 81'17'31" E 10.98' FILE NAME: HERLGLS.DWG PLOT DATE: 11-15-02