Loading...
1999-94720RECORDING REQUESTED BY: The City of ENcinitas WHEN RECORDED MAIL TO: CITY CLERK CITY OF ENCINITAS 505 SOUTH VULCAN AVENUE ENCINITAS, CA 92024 For the benefit of the City DOC 1999-0094720 ) Feb 17. 199~ 8:23 FtP1 3441 6fFICI~ l~C~l~S ) 8AN BiEG~ ~TY ~R'~ OFFICE ) ~ J. ~IT~, ~Y ~R ) FEES: 0.~ WAYS: 2 ASSESSOR'S PARCEL NO. 564-390-10 PROJECT NO.: TM 4400  EASEMENT FOR RECREATIONAL TRAILS  . Barrat~ ~9~.~can Incorporated ~'("OWNER", hereinafter! is the owner of real property described' in jExhibit "A"and Exhibit "B" which is attached hereto and made a p~rt hereof ("PROPERTY" hereinafter). For valuable consideration, OWNER hereby grants to the City of Enc!nitas ("CITY" hereinafter), (for the benefit of CITY), of easements across PROPERTY located as described in Exhibit "A" and 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, beams, ditches or other features which may impede or restrict the intended use of the trail, shall be pern%itted. 2) The surface of the driveway which crosses the easement must be smoothed to a level satisfactory to the Director of Community Services. cov4264a 344.2 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, inden%nify, 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 costs, including reasonable attorney's fees, from the other partv. Dated 01/20/99 Owner B~a~ A~an ~n¢o~porated I Signature of Owners to be notarized. I Attach the appropriate acknowledgements. Trails and consents authorized officer. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council, adopted on Nove~er 9, 1994, that the City of Encinitas consents to the making of the foregoing Grant of Easement for Recreational to the re~rdation thereof bvn its duly Director of gngineering Services cov4264a STATE OF CALIFORNIA CQUNTY OF SAN DIEGO } }ss. 3443 } On January 20, 1999 before me, Elizabeth Mosley personally appeared Stephen R. Reid ,, .... , personally known to me (or proved 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. EXHIBIT 'A' LEGAL DESCRIFIION THAT PORTION OF LOT NO. 10 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, 91~076030, IN TFIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE COMMON SOUTHERLY LOT CORNER OF LOTS 9 AND 10; THENCE ALONG THE COMMON LOT LINE OF SAID LOTS NORTH 43°04'47'' WEST 145.08 FEET; THENCE LEAVING SAID COMMON LOT LINE NORTH 4°41'41'' EAST 10.13 FEET TO A POINT ON A LINE WHICH IS 10.00 FEET EASTERLY AND PARALLEL TO SAID LOT LINE; THENCE ALONG SAID PARALLEL LINE SOUTH 43004'47" EAST 151.96 FEET TO A POINT ON THE SOUTHERLY LOT LINE OF SAID LOT 10, SAID POINT ALSO BEING ON A NON-TANGENT 320.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 41047'44" WEST; THENCE SOUTHWESTERLY ALONG SAiD LOT LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°20'34" A DISTANCE OF 7.50 FEET TO TI-IE POINT OF BEGINNING. CONTAINING 1,114 SQ.FT., MORE OR LESS. A.P.N. 264-390-10 I~zUOE~ 4t ~ JN I~0 Lot name: EASE24 - LOT 10 North: 21432.1593 East: 18607.2761 Line Course: N 04-41.41 E Length: 10.13 North: 21442.2554 East: 18608.1052 Line Course: S 43-04-47 E Length: 151.96 North: 21331.2632 Curve Length: 7.50 Delta: 1-20-34 Chord: 7.50 Course In: S 41-47-44 E RP North: 21092.6943 End North: 21326.1999 East: 18711.8962 Radius: 320.00 Tangent; 3.75 Course: S 47-31-59 W Course Out: N 43-08-18 W East: 18925.1681 East: 18706.3642 Line Course: N 43-04-47 W Length: 145.08 North: 21432.1669 East: 18607.2724 Perimeter: 314.67 Area: 1,114 sq.ft. 0.03 ac~s Mapcheck Closure ~ (Uses listed courses, radii, and deltas) Error Closure: 0.0084 Course: N 26-20-39 W Error North: 0.00756 East: -0.00374 Precision 1:37,296.61 SUBORDINATION AGREEMENT WHEREAS, those parties concerned de~oto have the Deed of Trust recorded ~0t~R8 ' as File/Page No.=~]~vPa~es 1-? subordinated to Grant of Easement for Recreational Trails required as condition of approval of ("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. 1/20/99 DATED BANK OF AMERICA BENEFICIARY OR TRUSTEE Title: Gerald P. Gamble, Vice President Signature of BENEFICIARY or TRUSTEE must be notarized. Attach the appropriate acknowledgement. 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 recordation thereof by its duly authorized officer. Alan D. Archibald Director of Engineering Services cov4264a STATE OF CALIFORNIA CE)UNTY OF SAN D'rEGo 3448 }ss_ On January 20, 1999 , before me, personally appeared Gerald P. Gable Elizabeth Mosley , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to tl3e within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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, Signature '~,,,~~~_.~ 3449 GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant dated January 21, 1999 from Barrett American, Incorporated, to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated: '~'-t{~- ~ ~ Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas