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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