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1999-6219231999-062 ~ 923 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF ENCINITAS 505 SOUTH VULCAN AVENUE ENCINITAS, CA 92024 1803 ASSESSOR'S PARCEL NO. 264-391-25 PROJECT NO. TM 4400 W.O. NO. GRANT OF EASEMENT FOR RECREATIONAL TRAILS A. Barratt American Incorporated ("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 consideration, OWNER hereby grants to the City of Encinitas ("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. 2) The surface of the driveway which crosses the easement must be smoothed to a level satisfactory to the Director of Community Services. COV4264a I 3) The grade of the 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 r~sulting 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 skall be entitled to full reimbursement of all costs, includi~ng reasonable attorney's fees, from the other party. BARRA~ERIC~.INCO~0RA~D Dated ~'3/-~ Owne~_~/~-~ David A. Jacinto, Vice President 2035 Corte Del Nosal, Suite 160 Carlsbad, CA 92009 (760) 431-0800 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 Irrevocable Offer to Dedicate an Easement for Recreational Trails and consents to the recorc~ation thereof by it~ duly authorized officer/~ I.~ ~ Alan D. Archibald Director of Engineering Services COV4264a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORIA ] ] SS. COUNTY OF SAN DIEGO ] On March 31, 1999, before me, Elizabeth Mosley , Notary Public, personally appeared David A. Jacinto personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instmmem the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. I~LIZ~TH~ MOSLE[Y[ Notary Oblic THIS AREA FOR OFFICIAL NOTARIAL SEAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER VICE PRESIDENT TITLE GRANT OF EASEMENT RECREATIONAL TRAILS TRACT 4400 - Parcel 264-391-25 TITLE OR TYPE OF DOCUMENT 2 [] PARTNERS ATTORNEYqN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: LIMITED GENERAL NUMBER OF PAGES MARCH 31, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON OR ENTITY) Ban:att American Incorporated 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: (o~"~l-qq BY: Alan D. Archibald Director of Engineering Services 1807 SUBORDINATION AGREE~NT WHEREAS, those parties concerned desire to have the Deed of Trust recorded May 29, 1997 as Instrument No. 1997-0248137 subordinated to Grant of Easement for Recreational Trails required as condition of approval of - ~- {"DOCUMENT" hereinafter}; Now, therefcre, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned Beneficiary hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent to the same extent as ii said DOCUMENT had been executed prior to said Deed of Trust. April 7, 1999 Bank of America National Trust and Savings Association, a national banking association By: Gerald.~. Gamb]~ Vice President ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On April 6, 1999 before me, D.K.Calvert , a Notary Public in and for the State of California, personally appeared Gerald P. Gamble , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal (Signature) Ncrk~-y ~ub~c - C~rr~om~ Orange C. ou n h,' ~ My Comm. Expire~ Apr 5,2002w Subo~.Doc 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 subordination agreement and consents to the recordation thereof by its duly authorized officer. DATE: Alan D. Archibald Director of Engineering Services EXHIBIT 'A ' LEGAL DESCRIPTION THAT PORTION OF LOT 63 OF TRACT NO. 4400, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. 12780, FILED ON FEBRUARY 20, 1991, AS INSTRUMENT NO. 91-0076030, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT MOST SOUTHERLY CORNER OF LOT 17 OF SAID MAP NO. 12780; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF SAID LOT 17 SOUTH 40°02'21" WEST 30.26 FEET TO A POINT ON A LINE WHICH IS 10.00 FEET NORTHERLY AND PARALLEL WITH THE SOUTHERLY LOT LINE OF SAID LOT 63 (CANTLE LANE) AS SHOWN ON SAID MAP NO. 12780; THENCE ALONG SAID PARALLEL LINE SOUTH 57°27'44" EAST 152.98 FEET TO THE BEGINNING OF A TANGENT 490.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°45'13'' A DISTANCE OF 40.65 FEET TO A POINT WHICH IS ON THE NORTHERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF THAT CERTAIN 20.00 FOOT TRAIL EASEMENT WITHIN LOT 13 AS SHOWN ON SAID MAP NO. 12780; THENCE ALONG SAID PROLONGATION SOUTH 66°17'41'' WEST 11.47 FEET TO A POINT ON THE SOUTHERLY LOT LINE OF SAID LOT 63, SAID POINT BEING A POINT ON A 480.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID POINT BEING NORTH 36037'39'' EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SOUTHERLY LOT LINE OF LOT 63 THROUGH A CENTRAL ANGLE OF 04005'23" A DISTANCE OF 34.26 FEET; THENCE TANGENT TO SAID CURVE ALONG SAID SOUTHERLY LOT LINE NORTH 57°27'44" WEST 169.43 FEET; THENCE LEAVING SAID SOUTHERLY LOT LINE NORTH 40°02'21" EAST 40.35 FEET TO THE MOST SOUTHWESTERLY LINE OF SAID LOT 17; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 57°27'44" EAST 15.13 FEET TO THE POINT OF BEGINNING. A.P.N. 264-391-25 UNE TABLE LINE NO. BEARING LENGTH L1 NST'27.44'W 1,5.1.~ L2 N40'O2'21'E L5 N57'27.44*'W 169.4] L4 N40'O2'21"E 40.~ I511 LINE TABLE UNE NO. BEARING RADIUS LENGTH L5 N57'27'44"~ 152.98 L6 N66'17'41 'E 11.47 Cl 04'4,5'15' R=49C 40.65 C2 04'05'25' R-48, 54.2E 20' SEWER EASE REC. 1-16-1991 DOC. 91-0022122 O.R. 40' ACCESS EASE, REC. 6-4-1990 DOC. 90-302555 O.R. // // // 1/ 1/ / / PROPOSED EASEMENT FOR PUBLIC t-:-::.:.:.:.:.:.:~:-::.:-:~.:c-:lK:.=:..?::;=.,:,.:t RECREATIONAL mAIL PURPOSES No, 5292 VICINITY MAP NTS 100 PLAT TO ACCOMPANY LEGAL DESCRIPTION - LOT 17 0 100 SCALE: 1"--100' EXHIBIT SHEET 1 OF' 1 MAP 12780 850EASE33.DWC