2000-77499 Ill I II II II Illl IIIIII II
- ooo.oo. DOC
2005
RECORDING REQUESTED BY: Feb 15 ~ 2000 9
WHEN RECORDED ~IL TO: OFFICIAL
~ DIEGO ~NTY RECOR~R'8 0FFIOE
CITY CLERK ~G~Y J. ~ITH, O~NTY RE~R
CITY OF .ENCZNZTAS FEES: 0.00
505 SOUTH ~LC~ AVE~ ~:
BNCZNZTAS, CA 92024 WAYS:
J~'~ ~SESSOR'S P~CEL NO. 264-540-01,07,08 PRO~CT NO.92-108TM
W.O. NO.Fee (5197GI
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A. Stonefield Wildflower 7~ LLC
("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 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 the driveway which crosses the easement must be
smoothed tO a level satisfactory to the Director of Community
Services.
COV4264a
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
r~sulting 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 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.
Dated 12119/99 OwnerStonefield Wildflower 7, LLC
By: Ston~opment,
Merging em er/ I
By: Robert C. Pack, President
ISignature 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 Irrevocable Offer to Dedicate an
to the rec rdatlo
Easement for Recreational Trails and con~nts ~.~ n
thereof by its duly authorized officer. [~, \
DATE: I-- &' EY: ' -
Alan D. Archibald
Director of Engineering Services
COV4264a
~:;ALi~:0RNIA ALL-PURPOSE ACKNOWLEDGMENT 2 C) C) ? ,
~ n~e~ ~b~b~ to ~e ~in instmm~t
and ac~owl~ ~ me ~ h~ ~t~
s~ ~ hi~ au~dz~ ~a~. a~ ~t by
hi~~a~m~ on ~e instm~ ~
or ~e enti~ u~ b~alf of wh~h the pemo~ a~ed.
e~ut~ ~e ~m~
~ WlTNE~ my hand a~ ~al se~.
O~O~L
D~cHption of ARached D~ument
~ent Date: Number ~ Pages:
Signer(s) ~her ~an Na~d Above:
Capaci~(ies) Claim~ by Signer(s)
Signe~s N~~ ~ ~ ,gners N~e:
0 I~iduN 0 Ind~al
~ ~mte ~cer ~ Co~te ~r
/
Tae(s): ~U~s): /
~ Pa~er-- ~ Lim~ ~ GenerM ~ Pa~er ~ ~ Limit~ General
~ Aaomw-in-Fa~ ~ AE~y-i~Fa~/
D Tmst~ ~Tmst~ o/~sewat~
D Gua~an ~ ~nsewator ~ ~ Gua~ian or
D O~er: T~bh~ ~ O~e~ / T~bhete
/
Sign~ Is Representing: Sign/Representing:
2008
SUBORDINATION AOREEMENT
WHEREAS, those parties concerned d~ire to have the Deed of Trust
recorded ~///~ / ~ ~as File/Page NO.~F/ ~f~g~Z~ subordinated to~
E~se~ent for Recreatiomal T~ails re~ired as condition o~
GrantapprovalOf of~~~ ~~,,DO~E~,, hereinafter);
Now, 'therefore, for valuable consideration, the receipt of which is
hereby acknowledged, the undersigned BENEFICI~Y or TRUSTEE hereby
waives the priority of said Deed of Trust in favor of said DO~NT
to the same extent as if said DO~E~ had.been executed prior to
said Deed of Trust.
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 recordation thereof by its duly authorized officer.
Date 1-' ~' ~ ~0 ~Ya~n"~. Archibald
Director of Engineering Services
COV4264a
ACKNOWLEDGMENT
2009
State of California 1
Countyof ~ Jss. ^
Notary Public, personally appeared ~ /~/~~~ ~
person'all~known to me-(u, ' - e satistact~-ry evrd~-~e) to be~.~e person(s) whos~
name(s)~.~//ar~ subscribed to the within instrument and acknowledged to me all that he/~.~/they executed the
same in hisJ~/their authorized capacity(les), and that by his/~h~/their signature(s) on the instrument the per-
son(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(affix seal)
A1TENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to
THIS CERTIFICATE MUST BE A1TACHED Title or Type of Document
TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages /Jgate of ~/ocurnent
Signer(s) Other Than Named Above
I myers'X fle Omp any
Subsidiar~ of
OFFICES IN:
LOS ANGELES ORANGE INLAND EMPIRE SAN DIEGO SANTA BARBARA V~NTURA
COUMI~ COUI~'I'~ 1845 Business Center Dr CO~JNIY COUNTlf COUI~'I~
800 E. Colorado Blvd. 18551Von Karman ^ve. Suite 200 4542 Ruffner St. 200 E. Cerrillo St. 751 Daily Dr., Suite 100,
Pasadena, CA 91101 Ste. 100/200 San Bernardino San Diego, CA 9211 I Santa Barbera, CA 93101 Camadllo, CA 93010
(818J 304-2700 Irvine, CA 92612 CA 92408 (619) 27~4171 (805) 965-709 ! J818) 889-663 I
(7141223-5575 (800) 6762582 (805) 484-2701
December 1, 1999
2010
EXHIBIT "A"
ACCESS EASEMENT
LEGAL DESCRIPTION
ALL THOSE PORTIONS OF LOTS 1, 7 AND 8 OF MAP 13584, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JUNE 12, 1998,
DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT ON THE CENTERLINE OF JAMINE CREST AND THE
WEST LINE OF SAID MAP 13584, SAID POINT BEING SOUTH 01 °40'11" WEST,
864.00 FEET FROM THE NORTHWEST CORNER OF SAID MAP; THENCE ALONG
SAID WEST LINE NORTH 01 °40'11" EAST, 55.00 FEET; THENCE SOUTH 51 °16'07"
EAST, 38.48 FEET; THENCE SOUTH 01°36'50" EAST, 60.00 FEET; THENCE SOUTH
48°36'17'' WEST, 46.73 FEET TO SAID WEST LINE; THENCE NORTH 01 °40'11"
EAST, 60.00 FEET TO THE TRUE POINT OF BEGINNING.
U:l DATA\S U RVEYS\3433S U RV~OMWD_ES MT.WP D
3433.01
EXHIBIT "B" 2011
PROPOSED PUBLIC RECREATIONAL
TRAIL EASEMENT
SITE
~1 ~'~ ~,. SDAL~ 1'=5o'
EXISTING PUBLIC ~ LOT 1
RECREATIONAL
TRAIL EASEMENT
AS F/P NO. - N88'23'10"E
91-0470297
DATED 9/13/91 36.33'
1
b ~.0~
b
.S~r2~'10"E
-- LOT e
PROPOSED RECREATION
TRAIL F. ASEMENT
LOT 7
SAN DIEGUITO ENGINEERING, INC. ~
4~-07 MANCHESTER, SUITE 105
ENCINITAS, CA 92024 RECREATION TRAIL EASEMENT
PHONE: (760) 753-5525
CIVIL ENGINEERING ' PLANNING
LAND SURVEYING