Loading...
2000-159674R~OP, DED AT THE DOC 2000-0159674 ~CO~ING~QUESTEDBY: ) MaF 29, 2000 4: ~6 PM CITY OF ENCINITAS ~FICI~ ) ~ DIE~ ~TY ~DER'8 WHEN ~CO~ED MAIL TO: ) ~0RY J, SMITH, O~TY ) FEES: 0.~ CITY CLE~ ) ~: CITY OF ENC~ITA$ ) ENCINITAS~ CA 92024 For the behest of the City of Encinit~ eo~-o~ ASSESSOR'S PARCEL NO~.~ ~ PROJECT NO. TM 91-198 G~NT OF EASEMENT FOR ~C~ATIONAL T~ILS A. OLIVENH~ PROPERTIES, LLC, A CALIFO~IA LIMITED LIABILITY COMPLY ("O~ER", hereinaAer) is ~e o~er of real prope~y described in Exhibit "A" which is aAached hereto ~d made a p~ hereof ("PROPERTY" hereina~er). For v~uable consideration, O~ER hereby grits to the City of Encinitas ("CITY" herein~er), (for the benefit of CITY), easements across PROPERTY located as described in Exhibit "B", which ~e attached hereto and made a p~ hereof, for Public Recreational Trail pu~oses which include, without limitation, use by members of the public to walk, jog, m, ride horses, ~d operate non-motorized bicycles. However, no motorcycles or o~er motor vehicles shall be pe~itted on the trails M~ the exception of emergency ~d mainten~ce vehicles. B. As a materi~ te~ of ~is easement, ~e CITY shall be solely liable ~d responsible at all times for the maintaining ~e easement ~ea ~d all ~l improvements in the easement ~ea in a good ~d safe condition for ~e CITY's intended p~ose at the CITY's sole cost ~d expense. The O~ERS, ~y lenders, ~d ~eir successors ~d ~signs shall have no liability or responsibili~ whatsonever for main~ning or improving the e~ement ~ea or ~y improvements within the easement ~ea. C. CITY agrees to properly ~d safely maintain the ~ails ~d related improvements to a level satisfacto~ to se~e sufficiently the ~ublic need. Cons~uctio~ m~d mainte~ce activities include, but are not limited to, work on, below, ~d above the surface of the easements. 10 796 D. The CITY shall have no right to assign or grant this easement to any person or entity without the prior written consent of OWNERS and their successors or assigns. The OWNERS and their successors or assigns shall have no obligation to grant this consent and may deny this consent, in their sole discretion. This section shall not apply to successors in interest of the CITY. E. As a material term of this easement, the CITY shall refrain and to the extent reasonable ensure that the public uses the easement in a manner which does not create any private or public nuisance and in a manner which does not damage or harm the PROPERTY or interfere with the quiet enjoyment or the PROPERY by OWNERS or their successors and assigns. F. As a material term of this easement, the CITY agrees to hold harmless, indemnify, and defend the OWNERS, any lender loaning the OWNERS or any successor or assigns any sum secured by any trust deed or other interest in the PROPERTY, claims, causes of action, actions, losses, damages, fines, penalties, fees, costs, and expenses, of whatever type or nature, including all attorney's fees, expert fees and costs, and court costs incurred by any of the indemnified parties arising from a defence of any such claim or action, except claims and causes by the negligence or intentional misconduct of the indemnified parties. This indemnity and hold harmless includes, but is not limited to, all claims and causes of action by any person or entity for injury to or death of any person or damage to any real or personal property. In the event that any claim or action is made against any of the indemnified parties, the indemnified parties shall be entitled to appoint their own independent counsel to represent them, and the CITY agrees to pay all reasonable attorney's fees, expert fees and costs, and court costs incurred by the indemnified parties within thirty (30) days of receipt of the bill. This indemnity shall be construed at all times so as to afford the broadest protection of the indemnified parties in recognition of the fact that OWNERS have left the easement area in a natural condition and have separated the easement area from their own property by a fence. G. In the event of any action or proceeding to interpret, enforce, or invalidate any term of this easement, venue shall lie only in the North County Judicial Distri'et, County of San Diego. This easement shall be construed at all times in accordance with' the laws of the State of California. H. 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. 10797 I. In the event of any action or proceeding that is initiated to challenge, invalidate, enforce, or ~nterpret any of the terms of this easement, the prevailing party shall be entitled to all attorney's fees, all expert fees and costs, and all litigation fees, costs, and expenses in addition to any other relief granted by law. Signa~e of O~ers to be no~ized. A~ach ~e appropriate ac~owledgements. 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 Ease.':ent for Recreational Trails, accepts the easement granted thereon, and consents to the recordation thereof by its duly authorized officer. DATE: '~ "~"2' - 0~ BY: Director of Engineering Services CALIFORNIA ALL-PURPO CKNOWLEDGMENT County of ~ '~)i ~.~0 10795 On Fdor~ tl~,, ~ before mo, ~ ~l~. ~. ~ate ~ ~ __ Name and ~tle of ~ic~(e,~., 'Jane D~, Not a~P u bile") personally appeared ~4 ~ .'~ ~ ~¢ ~. ~dO Name(c) of SigneK~) ~ personally known to me ~ proved to me on the basis of satisbctoW evidence to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that ho,'sh=/they executed the same in ~their authorized capacity(ids), ~ ~- ~~Z -i and that by h~c,'h~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ~~f~Public--Co,~io - acted, executed the instrument. ] _TCLc~m~ ~25,~[ WITNESS my hand and official seal. / - Signature of Notaw Public OPTIONAL Though the information below is not required by law, it may prove valuable to pe~ons relying on the document and could prevent fraudulent removal and rea~achment 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(ids) Claimed by Signer(s) Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ Corporate Officer ~tle(s): Title(s): ~ Padner--~ Limited ~ General ~ Padner--~ Limited ~ General ~ A~orney-in-Fact ~ Attorney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Consewator ~ Guardian or Consewator ~ Other: Top of thumb here ~ Other: Top of thumb ~ere Signer Is Representing: Signer Is Representing: ©1996NationalNotan/Assoca on'8236RernmetAve.,P.O. Box7184 CanogaPark, CA 91309-7184 Prod. No. 5907 Reorder:CallTolI-Free 1-800-876-6827 10799 SUBORDINATION AGREEMENT WHEREAS, t~o~e paftie,s concerned desire to have the Deed of Trust recorded l'~'~l"~ as File/Page Nol~l~ 'I~I~A0~ subordj, n. ate.d to Grant of Easement for Recreational Trails required as condition of approval of q[-[~t"0~ ("DOCUMENT" hereinafter); ow, ti~ere~ore, mr valuaoie consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or ~'~ ..... ........ 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 DATED ~~,~ 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~ Alan D. Archibald Director of Engineering Services CALIFORNIA ALL-PURPO CKNOWLEDGMENT 10800 State of (] J)~ "~'13i ~Lt Count of J On~f~ ~ beforeme, ~ ~1 ~O~ Date Name and Title of O~cer (e,g,, "Jane Doe, Nota~ ~ublic"} personally appeared~O~ Z. ~ ~ A~ ~. m~ ~ personally known to me ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) ~/are subscribed to the  within instrument and acknowledged to me that ~/they executed the same in ~/their authorized capacity(les), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ~ ~.~_~C~n~ [ acted, executed the instrument. ~m. ~ 15, ~ WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to pemons relying on the document and could prevent fraudulent removal and rea~achment of this fo~ to another document. Description of Affached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Corporate Officer ~ Corporate Officer Title(s): ~tle(s): ~ Pa~ner ~ ~ Limited ~ General ~ Pa~ner ~ ~ Limited ~ General ~ A~orney-in-Fact ~ Attorney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1996 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 10801 SUBORDINATION AGREEMENT WHEREAS, those parties concerned desire to have the Deed of Trust recorded November 30, 1998 as File/Page No. 1998-0772422 subordinated to Grant of Easement for Recreational Trails required as condition of approval of 91-198 TM ("DOCUMENT" hereinafter); Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY ........... hereby wmves 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. ~'~ ' °'~) ' ~C~'d"'~ The David G. Miller Trust d~ted 12/11/87 . Dated BENEFICIA/R~, ~ BY: Davld(.~e~~ Title: Trustee 2 ~ / '-~ / ~o The Marcus G. Daniels Trust dated 9/1/91 Dated BENEFICIARY ~vxt~EE By: ~ ~ "-~r~_,~(__ Paul R. Noble Title: Trustee ! ! I '~ [ 6~ The Melinda M. Daniels Trust dated 9/1/91 Dated BENEFICIARY OP_ T?I I,qT~'.12 By: ?e:~,,~ . 3-~. ~ Paul R. Noble Title: Trustee ~- ] 1 '-~] 6~ The Mega~ Brown Trust dated 10/1/91 Dated BENEFICIARY~ By: / Paul 1L Noble Title: Trustee Signature of BENEFICIARY or TRUSTEE must he notarized. Attach the appropriate acknowledgmem. osoz 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 oftbe foregoing subordination agreement and consents to the recordation thereof by its duly authorized officer. Alan D. Archibald Director of Engineering Services 10803 STATE OF HAWAH CITY AND COUNTY OF HONOLULU On ~-~4~'~L~.,2000, beforeme, e~o~nall~y~o personally appeared Paul R. Noble, p n to me 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 as trustee, and that by his signature on the instrument the trust has executed the instrument. WITNESS my hand and official seal. .......t. //~/ ~ L.S. S ignature~~ My Commission Expires on " CALIFORNIA ALL-PURPO CKNOWLEDGMENT State of County of On~.~~ ~ beforeme, ~]t.~..V~ '~[l~L¢.~_., Name and Title of Officer (e,g. "Jane Doe, Notar~Public") personally appeared ~; I~ ~. ~'~; [ t ~ Name(s) of Signer(s) ~1' personally known to me [] proved to me on the basis of satisfactory evidence to be the person('&') whose name()~ is/~e, subscribed to the within instrument and acknowledged to me that he/chc,'thcy I 7-~- "--D~ ;b~l(-- -- -- ~ executed the same in his/hecCfl'~r authorized capacityCl~D, and that by his/hecCth~r signature~ on the instrument the ~J Commission # 1119~06 ~ person~), or the entity upon behalf of which the person~) <zz ~'~'"~J~Notan/ Public -- Callfomia > ~Jl ~My Comm.'~n DlegOExpiresCountYDec 15, 2000 J[ acted, executed the instrument. ,~ -- - -- '- -- -- -~ ...... WITNESS my hand and official seal. Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General E3 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: © 1996 National Notary Association · 8236 Remmet Ave., Re. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 : EXHIBIT "A" 0805 THOSE PORTIONS OF LOTS 8,9 AND 10 OF CITY OF ENCINITAS TRACT NO. 91-198 ACCORD- ING TO MAP THEREOF NO. 13689 FILED IN THE SAN DIEGO COUNTY RECORDER'S OFFICE NOVEMBER 25° 1998, CITY OF ENCINITAS, COUNT~ OF SAN DIEGO, STATE OF CALIFORNIA, BEING AN 8 FOOT WIDE STRIP OF LAND 4 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT THAT LIES IN THE SOUTHERLY BOUNDARY OF SAID LOT 8 DISTANT THEREON SOUTH 79'34'35" WEST 73.63 FEET FROM THE MOST EASTERLY CORNER OF SAID TRACT, BEING ALSO THE CENTERLINE TERMINUS OF A 15 FOOT WIDE SEWER EASEMENT IN FAVOR OF CARDIFF SANITATION DISTRICT PER DOCUMENT NO. 94-0402431 RECORDED JUNE 24, 1994. IN SAID RECORDER'S OFFICE; THENCE NORTH 8'14.'47" WEST, ALONG SAID CENTER- LINE, 42.41 FEET; THENCE DEPARTING SAID CENTERLINE, NORTH 29'14'24" EAST 8.17 TO THE NORTHERLY SIDELINE OF SAID SEWER EASEMENT AND THE SOUTHERLY BOUNDARY OF SAID LOT 9; THENCE NORTH 8'28'41" EAST 72.68 FEET; THENCE NORTH 3'29'53" WEST 187.50 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 10; THENCE CONTINUING NORTH 3'29'53" WEST 83.34 FEET TO TERMINATE IN THE WESTERLY BOUNDARY OF SAID TRACT DISTANT THEREON NORTH 11'59'45" WEST ..386.44 FEET FROM THE MOST EASTERLY CORNER OF TRACT NO, 91-198, THE SIDELINES OF SAID EASEMENT ARE TO TERMINATE NORTHERLY IN THE WESTERLY BOUNDARY AND SOUTHERLY IN THE SOUTHERLY BOUNDARY OF SAID TRACT. ~/3~/oo / ~A~Y I-~ MAGILLo I..~3. 5871 FILE NAME: TRAILESM.DWG PLOT DATE: 2-10-00 .~ EXHIBIT "B" (~)15' SEWER EASEMENT GRANTED TO CARDIFF ~ I ]-0806 SANITATION DISTRICT PER DOC.94-0402451, ~'~ ~ (~PROPOSED FLOOD PLAIN BUFFER ZONE '~ PER MAP 13689. ~ ~PROPOSED PRIVA~ FLOWAGE EASEMENT PER ~AP , TO SAN DIEGO COUN~ FLOOD CONmOL ~ ~ ~8' ~DE S~I~..OF LAND DESCRIBED BEARINGS AND DISTANCES SHO~ ARE PER RECORD MAPS OR CALCULA~O ~EREFROM. S75'5B'23"E. RLE NAME: ~AI~SM.DWG ,...--S84'07'52"E  ~- ~' ~. LS. 5871 CENTE~ DATA T~LE EXPIRES ~12~1/00~ ~ NO. BEARING LENG~ ~ N 29'1,'2," E 8.17' ~ N 8~a'41" E 72.68' 5871 ~ N 3'29'53" W 187.50' ~ N 3~9'5~ W 83.34~