Loading...
2003-1481108OCC 2003-1481108 REQUESTED BY: ) DEC 16 , 2003 4:25 P11 CITY OF E CINITAS OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE WHEN REC ORDED MAIL TO: GREGORY SMITHa COUNTY RECORDER F FEES: 0.00 CITY CLE ) YS° NA ) (JAYS: A. CITY OF E 1NITAS ) j~505 SOUTH VULCAN AVENUE ) R 1 ENCINITAS CA 92024 For the bone t of the City of Encinitas ASSESSOR' PARCEL NO. 264 223-21-00 PROJECT NO. 7786-G ~nry7 GRANT OF EASEMENT FOR RECREATIONAL TRAILS ("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 c nsideration, OWNER hereby grants to the City of Encinitas ("CITY" hereinafter), (for the bene t of CITY), easements across PROPERTY located as described in Exhibit "B", which are atta hed 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- otorized 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 satisfact ry to serve sufficiently the public need. Construction and maintenance activities include, but ar not limited to, work on, below, and above the surface of the easements. C. Pursua t 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 ease ent, subject to the following conditions: I) No cul erts, berms, ditches or other features which may impede or restrict the intended use of t e trail, shall be permitted. 2) The su ace of any driveway which crosses the easement must be smoothed to a level satisfac ory to the Director of Community Services. 3) The gra on both of any driveway which crosses the easement must match the grade of the trail 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 dnjuries 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 eas ment shall run with Jae land and be binding upon and inure to the benefit of the encumbrancers, successors, heirs, personal representative, transferees and assigns of the respective partie . F. If either party is required to incur costs to enforce the provisto of this cement, the prevailing p shall be entitled 1o full reimbursement of all c incuu n . reasonable ey's fees, om the other party. attorn 2 Owner (I - - 0, 3 SiL OtUre of Owners to be notarized. Attach jtPe appropriate acknowledgements. I Trails, its dul DA' on behalf of the Cagy Council of the City of Encinitas, pursuant to authority d by Resolution o+ 4d Council, adopted on November 9, 1994, that the City of .s consents to the in k-iMg of the foregoing Grant of Easement for Recreational ccepts the easement _ranted thereon, and consents to the recordation thereof by authorized officer. U _ BY:_a~,/I t,. Peter Cota-Robles Director of Engineering Services ALL-PURPOSE ACKNOWLEDGMENT State f California } Count of C~ ss. On N v.nbc it 6 abo' before me, Robe { K. We N 1N (-4~rc Date Name and IDIa of Officer (e g., Jane Doe, Notary Public") person fly appeared (>-trt L Z„hiiir N,uni of Slgnequ) ❑ personally known to me proved to me on the basis of satisfactory evidence to be the persons whose names I ar subscribed to the within rent and ROBERT M. NEILL acknowledged to me that k/s the executed Commission # 1296654 the same in Astb heir authorized Notary Public - Colifomia capacit (ies and that by hik/h heir San Diego County MyCarxn signatureon the instrument the perso (s r -F~esMo20,2005 the entity upon behalf of which the perso acted, executed the instrument. WITNESS my hand and official seal. " ii Y\ 'i Signature of Notary Public OPTIONAL Though t to 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 1 Title or ypeofDocument: &rA'J ~ (A.yervn~ ♦=~1 F.ec(e•.Tt,hti~ Vr -.Is Document Date: Number of Pages: Signer's Other Than Named Above: Capac ty(ies) Claimed by Signer Signer's Name: ite Officer-Title(s): _ - Ci Limited i.' General or Conservator Signer Top of thumb here a 1999 National Notary AlItlatlon• 9950 ne Soto Mr., P 0 Box2402• CM1atswortM1, CA 91919-2002•www _natonelnolary org Pmtl. NO. 5907 590] goprtler Call 1011Free 1 8008]6682] SUBORDINATION AGREEMENT WHEREAS, those parties concerned desire to have the Dced df Trust recorded 11-d -OZ as File/Page o. * subordinated to Grant of Easemc,it for Recreational Trails required as condition o approval of -Dv~ G. fib, 11g~i-6 ("DOCUMENT" hereinafter); ZOO?-- 09-75,15cl Now, there ore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigne BENEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in favor of sai DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. jZ 4 ~ < n ~~~1~►1u-~~~r=~Z ~~r1~ DAT -D BENEFICIA1 OR T USTEE By: Title:_ DATED BENEFICIARY OR TRUSTEE By: Title: Signature of' BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate acknowledg ment. I cert fy on behalf of the City Council of the City of Encinitas, pursuant to authority confe red by Resolution of said Council adopted on November 9, 1994, that the City of Enci itas accepts and consents to the making of the foregoing subordination agreement and c nsents to the recordation thereof by its duly authorized officer. DATEI: 5 BY: v Peter Cota-Robles Director of Engineering Services JFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'l -vr; State o California ss. '/S } 1OS ~a3 f County E f f JJJ 7/ On 4 05~ 3 before me, Ile S/If'/CYO/ /7C ?12/c H ate /~ame and Title of ORcar (e.g., "Jane Doe, Notary Publl r' persona lly appeared 1~9E'2 P~ i/J c3 els) of Signer(s) ~ e--p erscnally known to me ❑ proved to me on the basis of satisfactory r evidence 2M i =-Cdff0,rft Notary idrYp ~ t0 be the perSOn(b~ whose name(a~ IS /31~ y subscribed to the within instrument and Nt17, 2'A4 4 acknowledged to me that h6she/they executed the same in FjK/her/their authorized e capacity(ie;), and that by ktS/her/tbe(r signature(,4 on the instrument the person(a), or n the entity upon behalf of which the person(aj acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL 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: Su ,6e2 d f7fYT t 0 Documen~Date: Number of Pages: Signer(s) ther Than Named Above:-.---~/w Signer's I ❑ Indivic ❑ Corpo ❑ Partne L' Attorn iJ Truste ❑ Guard -7 Other: Signer Is Claimed by Signer Ite Officer -Title(s): - ❑ Limited ❑ General iin Fact or Conservator 01999 National Notary Atiteciation • 9350 De Solo Ave., P O. Box 2402 • CM1atawoch, CA 91313 2402 • eave nalionalnolary org PrW. No. 5.W9 IIIKCAMXIT~ Top Of thumb here Reorder, Call Toll-Free 1 800 8]6682] EXHIBIT A THAT PORTION OF DIEGO COUNTY REc COUNTY OF SAN C BEGINNING AT A P THEREON NORTH E THENCE CONTINUIN SAID LINE, SOUTH THENCE SOUTH 29 LINE, NORTH 74'06 CONTAINING 1,139 ARCEL 1 OF PARCEL MAP NO. 4460 FILED IN THE OFFICE OF THE SAN )RIDER FEBRUARY 13, 1976 AS FILE NO. 76-043493, CITY OF ENCINITAS, GO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: INT WHICH LIES IN THE NORTHERLY BOUNDARY LINE OF SAID PARCEL DISTANT '55'53" EAST 83.94 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL; NORTH 86'55'53" EAST, ALONG SAID LINE, 36.94 FEET; THENCE DEPARTING 4'06'52" EAST 71.31 FEET TO THE WESTERLY SIDELINE OF COPPER CREST ROAD; 9'00" EAST, ALONG SAID SIDELINE, 17.18 FEET; THENCE DEPARTING SAID SIDE- 2" WEST, 118.55 FEET TO THE POINT OF BEGINNING. FEET, 0.03 ACRES. L.S. 5871 EXPIRES 12/31/04 GARY MAGI LL, S. 5871 FILE NAME: TAL-LGL.DWG PLOT DATF- in-91-n.1 EX IBIT B T P. O. N86'55'53"E 176.65'- s ;-36.94--•,° 55.77' - - - - - 83.94'/ 1 0 9r'oos h IvjSye~s2 - I N W 17 ~3 F SCALE: 1" = 50' I A N SS' ix~ DATA TABLE °o us ARING DISTANCE Il 74'06'52" E 71.31' 9'49'00" E 7.198' 9'49'00" E 18.80' on, C 0*0 I ss AFB I ''s u') !)Ajldgl JAP At. 4,410 OX I ~ F 3 NOTES 2 I P AREA DESCRIBED IN EXHIBIT A. N ° QB EXISTING PRIVATE ROAD AND UTILITY EASEMENT z PER VARIOUS DEEDS OF RECORD. © EXISTING PRIVATE ROAD EASEMENT PER DOCU- MENT F/P 76-037132 RECORDED 2-06-76. / QD 12' E SEMENT FOR PEDESTRIAN AND EQUESTRIAN / PURPOSES DEDICATED AND REJECTED PER PARCEL MAP NO. 16421. ~p QE EXISTNG ASPHALT DIKE tK BEARI GS & DISTANCES PER PARCEL MAP NO. 4 60 OR CALCULATED THEREFROM. FA NANO SG P FILE NAME: TAL-L PLOT DATE: 10-21 6'55''~53"W .2~22.`6~19 a .5 1, 11'a ri Mqc p eI L.S. 5871 12/3Pi ES 1/04 GARY MAGILL, S. 5871 TION PURSUANT TO GOVERNMENT CODE SECTION 27361.7 Place of Execution r under penalty of perjury that this material is a true copy of the material contained in this document. l J. Sign a of Declarant 4/84 Reo tder Form Type or Print Name -a V