2004-25570
.. DOC ti 2004-0025570
RECORDIN REQUESTED BY: ) JAN 13. 2004 -.". - -."... PM
-' - -'L
y{t OFFICIAL RECORDS
) SAN DIEGO COUNTY RECORDER'S OFFICE
11) GREGORY J. SMITH, COUNTY RECORDER
) FEES: 0.00
r ~,) ) DC: NA
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()~ ì ~ CITY CLE ) WAYS: 2
IC.:¡)Y CITY OF E CINITAS )
,,)Y 505 SOUT VULCAN AVENUE )
ENCINIT A CA 92024
For the bene It of the City of Ene in it as
ASSESSO S PARCEL NO. 264-151-33 PROJECT NO. 7219-G
jrYYI
)-';-c~'-t
/.~ ' GRANT OF EASEMENT
FOR RECREATIONAL TRAILS 0\ jl-j LL~~O
A, RO ERT J. LOTIERZO AND CHRISTINE E. LOTIERZO
TRUSTEE OF THE LOTIERZO REVOCABLE DECLARATION OF
TRUST
("OWNER', hereinafter) is the owner of real property described in Exhibits "A" and "B" which
is attached ereto and made a part hereof ("PROPERTY" hereinafter).
For valuab e consideration, OWNER hereby grants to the City of Encinitas ("CITY" hereinafter),
(for the be efit of CITY), easements across PROPERTY located as described in Exhibit "B",
which are ttached hereto and made a part hereof, for Public Recreational Trail purposes which
include, w thout limitation, use by members of the public to walk, jog, run, ride horses, and
operate no -motorized bicycles, However, no motorcycles or other motor vehicles shall be
permitted n the trails with the exception of emergency and maintenance vehicles,
B. CI Y agrees to properly and safely maintain the trails and related improvements to a
level satis ctory to serve sufficiently the public need, Construction and maintenance activities
include, b t are not limited to, work on, below, and above the surface of the easements.
C. Pu suant to a permit issued by the CITY, private owners of Jots adjacent to the easement
granted to the CITY may construct and maintain driveways and install underground utilities
across the asement, subject to the following conditions:
I) No culverts, berms, ditches or other features which may impede or restrict the intended
us of the trail, shall be permitted,
". "
2) The s face of any driveway which crosses the easement must be smoothed to a level
satisf: ctory to the Director of Community Services.
3) The g ade of any driveway which crosses the easement must match the grade of the trail
on bo h sides.
D, CITY agrees to defend, indemnify, and save free and hold harmless OWNER from and
against all cl ims, liabilities, penalties, fines, or any damage to goods, properties, or effects of
and person w atever, and for personal injuries or death caused by, or resulting from, or claimed
to have been aused by, or resulting fj-om the negligence or intentional act of CITY.
E, This asement shall run with the land, be binding upon, and inure to the benefit of the
encumbrance s, successors, heirs, personal representative, transferees and assigns of the
respective pa ies. **
Dated
Signature of Owners to be notarized,
Attach the appropriate acknowledgements,
I certi on behalf of the City Council of the City of Encinitas, pursuant to authority
conferr d by Resolution of said Council, adopted on November 9,1994, that the City of
Encinit s consents to the making of the foregoing Grant of Easement for Recreational
Trails, ccepts the easement granted thereon, and consents to the recordation thereof by
i" dol ~<ho.i""¡ o¡¡¡,cr. ~\
,i' /1 / ) ,~
DATE: /2/IB/O.3 BY: '--&'" ,'J.,- 0 ¿/,A-.,.
, . Petér Cota-Robles
Director of Engineering Services
** It is e pressly understood that the release of said parcel from the lien
shall n t in any way affect the lien of said Deed of Trust (Mortgage) upon
the rem i ni ng 1 and thereby subj ect to the Deed of Trust/Mortgage. **
State of Califì mia
On , before me, ~ 5\ClCk-, NotMt
personallyap eared ~bb(,(-\- J. lo-\1 U~ ~ C-hx i?1-i rtL E, I Lv-tI C-J ~
þ!¡personally known to me
Dproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me
. that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person( s) acted,
executed the instrument.
WITNESS my hand and official seal
Place N tary Seal Above &1L il1cu1u
,
.
SUBORDINATION AGREEMENT
WHEREAS, tho~arties concerned desire to have the Deed of Trust recorded~-..,.t.(.q1as
File/Page No subordinated to Grant of Easement for Recreational Trails required as
condition of pprovalof 1~( q -6 ("DOCUMENT" hereinafter);
~ I'lQq- z.t-11z.q
Now, therefo e, for valuable consideration, the receipt of which is hereby acknowledged, the
undersigned ENEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in
favor of said OCUMENT to the same extent as if said DOCUMENT had been executed prior to
said Deed of rust.
"\
!
Nì;)l{t(l\bt ~}.
DATED ICIARY OR TRUSTEE
--: 'J "'yl
(. í{~7;rS/'; Ii) 7é1 (11',,('
DATED BENEFICIARY OR TRUSTEE
By:
Title:
or TRUSTEE must be notarized, Attach the appropriate
I certif on behalf of the City Council of the City of Encinitas, pursuant to authority
conferr d by Resolution of said Council adopted on November 9,1994, that the City of
Encinit s accepts and consents to the making of the foregoing subordination agreement
and co sents to the recordation thereof by its duly authorized officer.
DATE: ;fzftl BY: ~L
k Peter Cola-Robles
Director of Engineering Services
.
.
1'~ \Y\ ~
On 2S 'L~~, before me, ~b;:)i~~ T ~t-<1.~I)Î~'Îf\
personally ap eared ~(]-J\ \L Lm ¡'Uti) V¡\u. Pfl(~\ ~.lJ\+
Dpersonally known to me
Dproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal
Place N tary Seal Above ~) ~ V)Ib/Þ1hYtmhJ
CCmffl' p. qI30/~OO7
EXHIBIT A
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 3008 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SA DIEGO COUNTY ON AUGUST 29, 1974 AS FILE NO. 74-235893 OF OFFICIAL
RECORDS, BEING SO A PORTION OF RECORD OF SURVEY NO. 14472 FILED IN SAID OFFICE
MARCH 3. 1994, CTY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOL OWS:
THE SOUTHERLY 1 .00 FEET OF SAID PARCEL
CONTAINING 1558 QUARE FEET. 0.036 ACRES.
FILE NAME: HER-LGL2.DWG
PLOT DATE: 08-14-02
. , EXHIBIT B
NOTES
CD EXISTING PRI ATE ROAD EASEMENT PER DOCUMENT NO.
73-019474 ECORDED 01-23-1973.
BEARINGS DISTANCES PER RECORD OF SURVEY
NO. 14472 CALCULATED THEREFROM.
AREA DESCRIBED IN EXHIBIT A,
.ù~ .ù.. !S~ 1~311)
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"\:f SCALE: 1"=80'
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FILE NAME: HER-LG 2,DWG
PLOT DATE: 08-14- 2