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1991-648644 702 RECORDING REQUESTED BY: CITY OF ENCINITAS WHEN RECORDED MAIL TO: ~ CITY ENGINEER CITY OF ENCINITAS 527 ENCINITAS BOULEVARD ENCINITAS, CA 92024 //iv DOCUMENTARY TRANSFER TAX $ -0- 15~:.,~ ASSESSOR'S PARCEL NO.: 264-240-05 GRANT OF EASEMENT FOR RECREATIONAL TRAILS A. DANIEL H. WIEGAND, TRUSTEE OF THE DANIEL H. WIEGAND TRUST, DATED NOVEMBER 19, 1986, ("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 RECREATION 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) WHERE PRIVATE ROADS OR DRIVEWAYS CROSS THE TRAIL EASEMENT, FINISH GRADE OF ROAD OR DRIVEWAY SHALL BE WITHIN 3 INCHES OF TRAIL GRADE WITH MAXIMUM 6 INCH CURBS. 703 3) IF ROAD OR DRIVEWAY IS PAVED, PAVEMENT AT TRAIL- DRIVEWAY INTERSECTION SHALL BE APPROVED TEXTURIZED PAVEMENT SUCH AS COARSE BROOMED CONCRETE. 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 AND BE BINDING UPON AND INURE TO THE BENEFIT OF THE ENCUMBRANCES, 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 REASONALBE ATTORNEY'S FEES, FROM THE OTHER PART~-~ ¢ / DATED 9 O ER _ . ACCEPTANCE BY CITY I ACCEPT, ON BEHALF OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, PURSUANT TO THE AUTHORITY CONFERRED BY RESOLTUION 87-72 OF SAID COUNCIL, ADOPTED ON JULY 27, 1987, THE FOREGOING EASEMENT AND CONSENT TO THE RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER. WARREN H. SHAPER, CI~I~MANAGER 704 STATE OF CALIFORNIA ) .... 'COUNTY OF SAN DIEGO' ') SS. ON. -. o7/,?/., BEFORE ~E~ T~E UNDERSIGNED/'A NOTARY'PUBLIC'IN AND FOR 'SAID BTATE~ PERSONALLY AP?EARED, DANIEL H. WIEGAND ~,(PERSONALLy KNOWN TO HE) (PROVED TO ME ON THE .BASIS OF SATISFACTORY EVIDENCE) TO BE THE TRUSTEE OF THE DANIEL H. WIEGAND 'TRUST/ THE' TRUST' THAT E,XECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO HE THAT SAID TRUST EXECUTED THE SAHE. WITNESS MY HAND AND OFFICIAL SEAL.~ ~Y~fi~ISSION EXPIRES q-5--~ , NO~,~Y PUBLIC IN~D FOR SAID. STATE' 705 EXHIBIT "A" LOT 1 OF CITY OF ENCINITAS TRACT NO. 88-115 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12644 RECORDED JUNE 5, 1990 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 7O6 EXHIBIT "B" RECREATIONAL TRAIL EASEMENT THAT PORTION OF LOT 1 OF CITY OF ENCINITAS TRACT NO. 88-115 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 12644 RECORDED JUNE 5, 1990 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 BEING A POINT ON THE CENTERLINE OF LONE JACK ROAD AS SHOWN ON SAID MAP 12644; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 1 SOUTH 71o11'58" WEST 30.00 FEET TO A POINT WHICH IS PARALLEL WITH AND 30.00 FEET WESTERLY MEASURED AT RIGHT ANGLES TO SAID CENTERLINE, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE WHICH IS PARALLEL WITH AND CONCENTRIC TO SAID CENTERLINE SOUTH 19o18'55" EAST 156.50 FEET TO A 455.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE 63.00 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07o56'00"; THENCE NON-TANGENT TO SAID CURVE NORTH 29o47'45'' WEST 223.44 FEET TO A POINT IN THE NORTHERLY LINE OF SAID LOT 1; THENCE ALONG SAID NORTHERLY LINE NORTH 71o11'58'' EAST 45.00 FEET TO THE TRUE POINT OF BEGINNING. L~2 7' I ~ ~Z-l-1-1-71 //VDI$AT£5 /~E£,~EAT/ONAL T/CA/L ~ I gS~ ~A~T~ TO TffE CITY ~pA~co ENGINEERING · 0~ ENOlfllTA3 (619) 535 NO. HIGHWAY 101 SUITE ~NA B~CH, CA 708 SUBORDINATION AGREEMENT WHEREAS, SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, DESIRE TO HAVE THE DEED OF TRUST RECORDED AUGUST 22, 1983 AS FILE/PAGE NO. 83- 295234 SUBORDINATED TO EASEMENT FOR RECREATION TRAIL REQUIRED AS CONDITION OF APPROVAL OF SAID RECREATION TRAIL ("DOCUMENT" HEREINAFTER); NOW, THERFORE, 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. 3/25/91 San Dieguito National Bank ~ ~I~UIT0 UNION H~H SCHOOL ~ ~aul F~. RoGeno t~iL J. M~LL TITLE: Executive Vice President DIREC]0R, ADMINISiR^i!V[ ~;'e~.~.~ 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 JULY 27, 1987 THAT THE CITY OF ENCINITAS CONSENTS TO THE MAKING OF THE FOREGOING SUBORDINATION AGREEMENT, AND CONSENTS TO RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER. WARREN H. SHAF ANAGER ' CITY OF ENCINITAS . San. ~ ~ 0 ~ ,~, .~?~ DleSulto ~~~ 710 Enclnltas Blvd. En©lnlta~, CA 92024-3357 Union High School District 619/753-6491 ACKNOWLEDGMENT EXECUTED BY A PUBLIC AGENCY CIVIL CODE SECTION 1191 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO ON THIS G~C~)'''~-' DAY OF ~l)d2'/La~ , 1991, BEFORE NE, JOANN N. SCHULTZ, NOTARY PUBLIC, PERSONALLY APPEARED ERIC J. HALL, PERSONALLY KNOWN TO NE TO BE THE PERSON WHO EXECUTED THIS INSTRUNENT AS THE DIRECTOR, ADNINISTRATIVE SERVICES, OF THE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, AND ACKNOWLEDGED TO NE THAT THE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT EXECUTED IT. Dlegueno IH · Earl Warren IH · Oak Crest JH · North Coast Alternative HS San Dlegulto HS · San Dleguito Adult Education · Sunset HS · To?fey Pines HS SUBORDINATION AGREEMENT WHEREAS, SAN DIEGUITO NATIONAL BANK, DESIRE TO HAVE THE DEED OF TRUST RECORDED JANUARY 31, 1990 AS FILE/PAGE NO. 90-054641 SUBORDINATED TO EASEMENT FOR RECREATION TRAIL REQUIRED AS CONDITION OF APPROVAL OF SAID RECREATION TRAIL ("DOCUMENT" HEREINAFTER); NOW, THERFORE, 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. 3/25/91 San Diequito National Bank ~ 111~11~ UNION HIGH SCHOOL DISTRIC1 DATED BENEFICIARY OR~ TRUS?~.~. ~" / P~ul F. Rddeno k~lb J. M~LL TITLE: Executive Vice President DtRECTOR, ADN4iNiS~RAIIVE 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 JULY 27, 1987 THAT THE CITY OF ENCINITAS CONSENTS TO THE MAKING OF THE FOREGOING SUBORDINATION AGREEMENT, AND CONSENTS TO RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER. WARREN H. SHAFER, GER CITY OF ENCINITAS " San DieSultO 710 Enclnltas Blvd. Enclnltas, CA 92024-3357 Union Hi[~h School District 6191753-6491 ACKNOWLEDGMENT EXECUTED BY A PUBLIC AGENCY CIVIL CODE SECTION 1191 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO oN T. IS ~?~ ~AY OF ~J.~ ,1991, BEFORE ME, JOANN M. SCHULTZ, NOTARY PUBLIC, PERSONALLY APPEARED ERIC J. HALL, PERSONALLY KNOWN TO ME TO BE THE PERSON WHO EXECUTED THIS INSTRUMENT AS THE DIRECTOR, ADMINISTRATIVE SERVICES, OF THE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, AND ACKNOWLEDGED TO ME THAT THE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT EXECUTED IT. Dlegueno IH · Earl Warren JH · Oak Crest IH ' North Coast Alternative HS San Die.~ulto HS · San Dlegulto Adult Ecfucatlon · Sunset HS ' Torrey Pines H$