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.
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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
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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
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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