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.
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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