2004-782415
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DOC # 2004-078241 5
1111/1/11111/111111111111111111/111/1 11111 III/IIIII/IIIII/flllllll/ill
WHEN RECORDED MAIL TO:
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AUG 17,2004 3:56 PM
DFFICI.6.L F:ECDRDS
':,NJ DIECiD CDUNr( RECDRDER'::: DFFICE
C,RECiDW( -J. St-,-1ITH.. mur-jr( RECDRDER
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CITY CLERK
CITY OF ENCINIT AS
505 SOUTH VULCAN AVENUE
ENCINIT AS. CA 92024
For Benefit of the City ofEncinitas
ASSESSOR'S PARCEL NO. 264-151-32
PROJECT NO.
7219-G
GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A. GREGORY D. GORGAS AND SANDRA M. GORGAS. HUSBAND AND WIFE AS
CO~TYPROPERTY
("OWNER", hereinafter) is the owner of real property described in Exhibits "A" and "B" which is
attached hereto and made a part hereof ("PROPERTY" hereinafter).
For consideration, OWNER hereby grants to the City ofEncinitas ("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.
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2)
The surface of any driveway which crosses the easement must be smoothed to a level
satisfactory to the Director of Community Services.
3)
The grade of any 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 resulting from, or claimed
to have been caused by, or resulting fi-om the negligence or intentional act of CITY.
E. This easement shall run with the land, 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 4~ aLf -OJ
Owner
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Signature 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 Grant of Easement for Recreational
Trails, accepts the easement granted thereon, and consents to the recordation thereof by
its duly authorized officer.
DATE:
#~3Þd
BY:
'- 47----
Peter Cota-Robles
Director of Engineering Services
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SUBORDINATION AGREEMENT
WHEREAS, those parties concerned desire to have the Deed of Trust recorded 1-- aq - DlJ as
File/Page No. .àOOÝ- 03gt./113 subordinated to Grant of Easement for Recreational Trails required
as condition of approval of -'1 ICl-C::J ("DOCUMENT" hereinafter);
Now, therefore, 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.
July 13, 2004
DATED
WASHINGTON MUTUAL BANK, F.A.
BENEFICIARY OR TRU TEE
ulie lhern
ASSISTANT VICE PRESIDENT
July 13, 2004
DATED
B~1~?rOMPANY
By:
William R. Buege
Title: ASSISTANT VTC'.F. PRF.STDF.NT'
Signature of BENEFICIARY or TRUSTEE must be notarized.
acknowledgement.
Attach the appropriate
I certifY on behalf of the City Council of the City ofEncinitas, pursuant to authority conferred
by Resolution of said Council adopted on November 9, 1994, that the City of Encinitas
accepts and consents to the making of the foregoing subordination agreement and consents
to the recordation thereof by its duly authoriz~d offi~ 7
DATE: ð ~~4 BY: ~ ¿ ~--- ---
.
Peter Cota-Robles
Director of Engineering Services
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State of WISCONSIN
County of
MILWAUKEE
On
JULY 13, 2004
. before me,
GALINA SHKLOVER
personally appeared
JULIE MULHERN
KJpersonally known to me
oproved to me on the basis of satisfactory evidence
GAUNA SHKLOVER
NOTARY PU8UC STATE Of WISCONSIN
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 hislherltheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal
~~~
Galina Shklover
My Comm. Exp.: 01/15/2006
State of WISCONSIN
County of
MILWAUKEE
On JULY 13. 2004
personally appeared
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, before me,
WILLIAM R. BUEGE
I GAUNA SHK1.OVER }
MOTAftY PUBUC STATE Of WISCONSIN
Place Notary Seal Above
8
GALINA SHKLOVER
~ersonally known to me
oproved 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
Galina Shklover
My Comm. Exp.: 01/15/2006
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State of California
County of Sl1n 1) i ~
on.Þi((, \ ~4¡ aoO3 , before me, _Ü~ D\a.cJ¿¡ Na1-Rxtt
perSOnallyappeared~\H_3or~ D. ~a.5 tl.nd. 6a.ndf1&jn. ~S
J6personally known to me
Dproved to me on the basis of satisfactory evidence
J;it--.-~~-f
$ , Notay P\j) c - Cdlf\..,*» !
2 'Scrt DIego Cau1Ir f
J ~ - - ~~~~1:~
to be the person(s) whose name(s) ~/are subscribed
to the within instrument and acknowledged to me
that hefflhe/they executed the same in ~ltheir
authorized capacity(ies), and that by hi~hcr/their
signature( s) on the instrument the person( s), or the
entity upon behalf of which the person( s) acted,
executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal
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EXHIBIT A
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THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 2574 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON APRIL 25, 1974 AS FILE NO. 74-105972 OF OFFICIAL
RECORDS, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE NORTH 15'35'38" WEST,
ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL, 10.00 FEET; THENGE DEPARTING SAID
BOUNDARY LINE, NORTH 77.02'14" EAST 200.97 FEET TO THE BEGINNING OF A TANGENT 60.00
FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTAL ANGLE OF 58.33'44", 61.33 FEET TO A POINT WHICH LIES IN
THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL, DISTANT THEREON SOUTH 81.17'15" WEST
1.15 FEET FROM THE SOUTHEASTERLY CORNER OF SAID PARCEL 2; THENCE SOUTH 81.17'15"
WEST, ALONG SAID BOUNDARY, 13.03 FEET TO THE BEGINNING OF A NON-TANGENT 50.00 FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY AND BEARING NORTH 36.51 '25" EAST FROM SAID
CURVE'S RADIUS; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 49.49'11", 43.48 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 77"02'14"
WEST 200.51 FEET TO THE POINT OF BEGINNING.
CONTAINING 2532 SQUARE FEET, 0.058 ACRES.
FILE NAME: HERLGL4C.DWG
PLOT DATE: 09- 25-02
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EXHIBIT B
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, NOTES
CD EXISTING PRIVATE ROAD EASEMENT PER DOCUMENT NO.
73-019474 RECORDED 01-23-1973.
@ EXISTING WATERLINE EASEMENT GRANTED TO OLiVENHAIN MUNI-
CIPAL WATER DISTRICT PER DOC. 79-292305 REC. 7-16-1979.
BEARINGS & DISTANCES PER PARCEL MAP NO. 2574
OR CALCULATED THEREFROM.
r/ / / / / /~ AREA DESCRIBED IN EXHIBIT A.
CURVE DATA TABLE
NO. DELTA ANGLE LENGTH RADIUS
I (A) 58.33' 44" 61.33' 60.00'
1(8) 49.49'11" 43.48' 50.00'
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FILE NAME: HERLGL4C.DWG
PLOT DATE: 09-25-02