2004-874471
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DOþ 2004-0874471
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RECORDING REQUESTED BY:
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SEP 14, 2004
4:01 PM
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CITY OF ENCINITAS
!]FFICI.6.L F:EC!]F:D':;
~:"",t'J DIEei!] C!]UNT',' F:ECI]RDEF:"3 I]FFICE
c,F:Ec,!]F:"- J ':;t,,'1ITH. CI]Ut'JT'¡' RECI]F:DER
FEE':; 0.00 ",,1./,6,"-'3 2
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WHEN RECORDED MAIL TO:
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'! CITY CLERK
,Y
\ " CITY OF ENCINIT AS
(' 505 SOUTH VULCAN AVENUE
ENCINIT AS. CA 92024
F or Benefit of the City of Encinitas
11111111111111111111111111111111111111111111111111111111111111111111111111111111
ASSESSOR'S PARCEL NO. 264-151-34
PROJECT NO.
7219-G
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GRANT OF EASEMENT
FOR RECREATIONAL TRAILS
A
Frederick Frumin and Leslie E. Frumin. husband and wife as joint tenants
("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 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
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 cos, c III reasonable attorney's
fees, from the other party.
Dated
(".,~.Q~
Owner
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F. V~I"')' /}
Signature of Owners to Notarized
Attach the appropriate acknowledgements
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 consents to the making of the foregoing Grant of Easement for Recreational
Trails, accepts the easement granted thereon, and consents to the recordatÏon thereof by
:~:au;oJ;:;cer BY ~g
Peter ota-Robles
Director of Engineering Services
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All PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF :)(1./1; D.~
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On ~JIÀfìc... 14, ';;'CO'-t before me, ~ 5~cu::..k-- tJotGlK"1'
personally appeared 5«( fJe-. i (x- F,.-u...rni VI ~ Le:s, II I c..¿ . h'lÆ..4"YV1 V)
personally known to me (or 3raved
to mc on the basis of satisfactory ~,¡'iðeRé:OJ to be the person(s) whose name(s) ~/are subscribed to the within
instrument and acknowledged to me that hefflÅ.e/they executed the same in t:Ms+Rer/their authorized capacity(ies),
and that by htstfter/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.
(This area for official notarial seal)
Signature
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4/94
Rec.Form'R11
II
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GOVERNMENT CODE 27361.7
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I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOllOWS:
,Name of the Notary:
¿1
i~YE
,
(--/ /7 / /'
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. /"7/ ¿/ /-:"--"-',/7
Commission Number: / ¿ ¿~ /" - ,! ¿ / /
Date Commission Expires: TEI/;;¿j/
County Where Bond is Filed:
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Manufacturer or Vendor Number: /J.Æ/ ,Jí? /
(located on both sides of the notary seal border)
Signature:
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Firm ame (if applicable)
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Place of Execution:-ft}) ,/ i klc(,¿'rf;- ~ c(- Date:
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Rec. Form #R10 (Rev. 7/96)
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SUBORDINATION AGREEMENT
WHEREAS, those parties concerned desire to have the Deed of Trust recorded (o~1o-O3 as
FilefPage No. '* subordinated to Grant of Easement for Recreational Trails required
as condition of approval of 1 ~ \q - C::? ("DOCUMENT" hereinafter);
~ -;)003 - ~ld\\.p3 (WD5h; vqtúý) rY)~)
Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the
undersigned BENEFICIARY or TRUSTEE hereby waives the priority of said Deed ofT rust in favor
of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said
Deed of Trust.
JULY 23, 2004
DATED
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
BENEFIC I AR Y I8UJll~ØS"'.
B~---7~ ~
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GALINA SHKLOVER, NOTARY
MY COMMISSION EXPIRES: 1/15/06
Title: WILLIAM R. BUEGE. VICE PRESIDENT
DATED
BENEFICIARY OR TRUSTEE
By:
Title:
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 authorized o~~
DATE: 8}~~ BY: ~L-, ~
Peter Cota-Robles
Director of Engineering Services
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State of WISCONSIN
County of
MILWAUKEE
On
7/23/04
. before me,
GALINA SHKLOVER
personaUy appeared
WILLIAM R. BUEGE
Ðpersonally 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.
Place NotaIy Seal Above
WITNESS my hand and official seal
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GALINA SHKLOVER 7
MY COMMISSION EXPIRES 1/15/2006
GAUNA SHKLOVER
N{)TARY PUBLIC STATE OF WISCONSIN
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£.9E6 ~E9 09£.
o~.:f~oed a.Jn~ua"
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EXHIBIT A
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THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 3008 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON AUGUST 29, 1974 AS FILE NO. 74-235893 OF OFFICIAL
RECORDS, CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL; THENCE SOUTH 81"17'15"
WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID PACEL, 9.04 FEET TO THE BEGINNING
OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTH VvESTERL Y AND BEARING
NORTH 65"57'45" EAST FROM SAID RADIUS; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 74"41'59", 32.59 FEET; THENCE NON-TAN-
GENT TO SAID CURVE, SOUTH 75"47'37" WEST 81.66 FEET; THENCE SOUTH 87"45'15"
WEST 38.69 FEET TO THE BEGINNING OF A NON-TANGENT 82.18 FOOT RADIUS CURVE CON.-
CAVE SOUTHERLY AND BEARING NORTH 00"03'23" WEST FROM SAID RADIUS; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 44"51'42",
64.35 FEET TO THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL 2; THENCE SOUTH 81"
17'15" WEST, ALONG SAID BOUNDARY, 35.76 FEET TO THE BEGINNING OF A 58.50 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, BEARING SOUTH 08°42'45" EAST FROM SAID RADIUS AND
BEARING NORTH 81°17'15" EAST 25.44 FEET FROM THE SOUTHWESTERLY CORNER OF SAID
PARCEL 2; THENCE DEPARTING SAID BOUNDARY, NORTHEASTERLY ALONG THE ARC OF SAID
CURVE, THROUGH A CENTRAL ANGLE OF 36°07'36" 36.89 FEET TO THE BEGINNING OF A
NON-TANGENT 92.18 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHERLY AND BEARING
NORTH 41°25'28" WEST FROM SAID RADIUS; THENCE EASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 41°14'45" 66.36 FEET; THENCE NON-TANGENT TO SAID
CURVE, NORTH 81'45'15" EAST 37.46 FEET; THENCE NORTH 75°47'37" EAST 81.05
FEET TO THE BEGINNING OF A NON-TANGENT 35.00 FOOT RADIUS CURVE CONCAVE SOUTHWEST-
ERL Y AND BEARING NORTH 09"35'05" WEST FROM SAID RADIUS; THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 62°33'08" 38.21 FEET TO THE
EASTERLY BOUNDARY LINE OF SAID PARCEL 2; THENCE SOUTH 21'52'22" EAST, ALONG SAID
BOUNDARY, 10.27 FEET TO THE POINT OF BEGINNING.
CONTAINING 2377 SQUARE FEET, 0.055 ACRES.
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FILE NAME: HERLGL1B.DWG
PLOT DATE: 06-03-04
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-- EXHIBIT B
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NOTES
@ EXISTING PRIVATE ROAD EASEMENT PER DOCUMENT NO,
73-019474 RECORDED 01-23-1973.
BEARINGS, DISTANCES & CURVE DATA PER PARCEL
MAP NO. 3008 OR CALCULATED THEREFROM.
h~I AREA DESCRIBED IN EXHIBIT A.
DATA TABLE
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NO. BEARING/DELTA LENGTH RADIUS
1 S 81°17'15" W 9.04'
2 N 65°57'45" E 25.00'
3 ð. = 74°41 '59" 32.59' 25.00'
4 S 08°44'14" E 25.00'
5 S 75°47'37" W 81.66'
6 S 87"45'15" W 38.69'
7 ð. = 44°51'42" 64.35' 82.18'
8 S 81°17'15" W 35.76'
9 S 81°17'15" W 25.84'
10 6 = 36°07'36" 36.89' 58.50'
11 6 = 41°14'45" 66.36' 92.18'
12 N 87"45'15" E 37.46'
13 N 75°47'37" E 81.05'
14 6 = 62°33'08" 38.21' 35.00'
15 S 21°52'22" E 10.27'
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SCALE: 1" = 80'
FILE NAME: HERLGL1B.DWG
PLOT DATE: 06-03-04