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