2004-25621
DOC # 2004-0025621
RECORDING REQUESTED BY: ) JAN 13. 2004 3:40 PM
f& CITY OF EN( INIT AS OFFICIAL RECORDS
) SAN DIEGO COUNTY í:ECORDER'S OFFICE
1~~1) WHEN RECC GREGORY J. SMITH, COUNTY F:ECORDER
RDED MAIL TO: ) FEES: 0.00
~ CITY CLERK ) DC: NA
) WAYS: 2
IVV CITY OF EN( INITAS )
505 SOUTH \ lJLCAN AVENUE )
ENCINITAS A 92024 )
For the benefi of the City of Encinitas
ASSESSOR'S PARCEL NO. 264-151-31 PROJECT NO. 7219-G
--j(fJ7
,J. 5-0'(
/J;. GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A. HOm LUKE RHEE AND JOYCE ELAINE RHEE HUSBAND
AND WIFE A S JOINT TENANTS
("OWNER", ereinafter) is the owner of real property described in Exhibits "A" and "B" which
is attached he eto and made a part hereof ("PROPERTY" hereinafter).
For valuable c onsideration, 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, with ut limitation, use by members of the public to walk, jog, run, ride horses, and
operate non-n otorized bicycles. However, no motorcycles or other motor vehicles shall be
permitted on t e trails with the exception of emergency and maintenance vehicles.
B. CITY grees 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 a e not limited to, work on, below, and above the surface of the easements.
C. Pursm nt to a permit issued by the CITY, private owners oflots adjacent to the easement
granted to th CITY may construct and maintain driveways and install underground utilities
across the eas ment, subject to the following conditions:
I) No cu verts, berms, ditches or other features which may impede or restrict the intended
use of he trail, shall be permitted.
..
.,
2) The s rface of any driveway which crosses the easement must be smoothed to a level
satisfa tory to the Director of Community Services.
3) The gr de of any driveway which crosses the easement must match the grade ofthe trail
on bot sides.
D. CITY grees to defend, indemnify, and save free and hold harmless OWNER from and
against all cla ms, 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 c used by, or resulting from the negligence or intentional act ofClTY.
E. This asement shall run with the land, be binding upon, and inure to the benefit of the
encumbrancer, successors, heirs, personal representative, transferees and assigns of the
respective pa ies.
F. If eith r party is required to incur costs to enforce the provisions of this easement, the
prevailing pa y shall be entitled to full reimbursement of all costs, including reasonable
attorney's fees from the other party.
Dated :zÁr: ~ ~
Sf-A-c.r,J~~ (~
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
I certif on behalf of the City Council of the City ofEncinitas, 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
its dul authorized officer. ()/ ." ì (
i 1
/~ ,110/03 hZ I !/
DATE: BY: /«- I ( . -
Peter Cota-Robles
Director of Engineering Services
"
'OJ
On '¡ íJ..o before me, TyrQ.L6fack-, NO-fMr '
personallyapp aced "J'cxr- E.. [he t (tM iiDoVJ ~ 'K~ ~~
S()Ct cu 0 ~ Åt!vÝYltl{
~personally known to me
Dproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
DALESlAClt to the within instrument and acknowledged to me
eornn: ~ ~ I that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by hislher/their
Sa! DIego Ccu1IJ - signature(s) on the instrument the person(s), or the
CarIn. E>Øm DIIc 15.2IM entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal
Place N tary Seal Above ~~
.'
SUBORDINATION AGREEMENT
WHEREAS, t os~arties concerned desire to have the Deed of Tmst recorded {ð -1. -0 Z-as
File/Page No. subordinated to Grant of Easement for Recreational Trails required as
condition of ap roval of "11.- I t:f -6 ("DOCUMENT" hereinafter);
~ -z..0 (J l...- ß$'1J 4: 0 (MOfl..'f6.A-6¡:: E1..-\:.~1'/Z.o~ L)
Now, therefon , for va uable consideration, the receipt of which is hereby ackhowledged, the
undersigned B NEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in
favor of said D )CUMENT to the same extent as if said DOCUMENT had been executed prior to
said Deed ofT ust.
Mortgage Electronic Registration
il Systems, Inc.
June , 2003
DATED BENEFICIARY OR TRUSTEE
BY:~A-\_~ ~a~
erri Stal11ngs
Title:~ice President ,
DATED BENEFICIARY OR TRUSTEE
By:
Title:
I
Signature of ENEFICIARY or TRUSTEE must be notarized. Attach the appropriate
acknowledgem nt.
I certify on behalf of the City Council ofthe 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 con ents to the recordation thereof by its duly authorized officer.
DATE: / //~/ol BY: ,-;¿?~Jg
",;"Peter Cota-Robles
Director of Engineering Services
,
EXHIBIT A
THAT PORTION OF P RCEl 1 OF PARCEL MAP NO. 2574 FilED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN IEGO COUNTY ON APRIL 25. 1974 AS FilE NO, 74-105972 OF OFFICIAL
RECORDS. CITY OF NCINITAS, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, DESCRIBED
AS FOllOWS:
THE SOUTHERLY 10. o FEET OF SAID PARCEl.
CONTAINING 2498 S UARE FEET, 0,057 ACRES.
FilE NAME: HER-LGl3,DWG
PLOT DATE: 08-15-02
" '
. EXHIBIT B
NOTES
CD EXISTING PRI ATE ROAD EASEMENT PER DOCUMENT NO,
73-019474 ECORDED 01-23-1973.
BEARINGS & DISTANCES PER PARCEL MAP NO, 2574-
OR CAlCUlA D THEREFROM,
AREA DESCRIBED IN EXHIBIT A.
.à.. -Ù..::I.. 1~~1~
---- N87'OO'S3"E 235,00'
SCALE: 1"=80'
"\:<
V'
t::-
~
"\:< ~ ~
V' U', \:
t::- ~. ~
~ ~<6>
"" p.à.à-ß:l1 oJ r.JI'
~ '0> r" "\:<
~;1.4 o..¡> to
..,.:, P..1L ~ ç::.
'~. ..
"\:<
to ~
ç::. ~
to ~
t,¡..
~
t:::-
t:;<
~
FILE NAME: HER-lGl3.DWG
PLOT DATE: 08-15-02
,
.
CERTIFICATE OF ACKNOWLEDGMENT
)
) ss,
COUNTY 0 VENTURA )
I t,
On this ....;.. day of June, 2003, before me, M. Marzec, Notary Public, personally
appeared T rri Stallings, personally known to me (or proved to me on the basis of
satisfactory vidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument a d acknowledged to me that he/she/they executed the same in his/her/their
authorized apacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), r the entity upon behalf of which the person(s) acted, executed the
instrument.
y hand and official seal. r" - - - - - ;.~; - :1
-a -"- I
:¡ . - NotarY PuÞroc - Cslifomla -
S; .. \/e"wra County 1
i- - - ~eo:"E>cpiresFebI~
M. Marzec
Notary Publi - Co . sion No, 1343358
Commission Expires: ebruary 16, 2006