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1999-621914 .,? IIl llllliitllllllll RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF ENCINITAS 88P 10, ) ) ) 1999-0621914 1999 B~FIClAL ~N ))IEGO [:8UNTY t~C0~'80FFIOE ~REC{)RY J. ~(ITH, ~8~U RECORIER FEE8: 505 SOUTH VULCAN AVENUE ) ~: ~ ENCINITAS, CA 92024 } ' ~: 2 it PARCEL NO. 264-391-17 PROJECT NO.: TM 4400 GRANT OF EASEMENT FOR RECREATIONAL TRAILS Barratt American Incorporated ....... ("OWNER", hereinafter) is the owner of real property described in Exhibit "A"and Exhibit "B" which is attached hereto and made a part hereof ("PROPERTY" hereinafter). AM For valuable consideration, OWNER hereby grants to the City of Encinitas ("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, 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. 3) The grade of the driveway which crosses the easement must cov4264a 1723 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 encurabrancers, successors~ heirs, personal representative, transferees and assigns of the respective parties. F. I~ 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 partB~RA. TT A~.~T~A~//~COR~AT~r~--.f-Tv~"--_-~"~f,.~ '~'-~'7 Dated 3 -~/-~f Owne~ ~~~ David A. Jacfnto, Vice President 2035 Corte Del No~al, S~te 160 Carlsbad, GA 92009 (760) 431-0800 Signature of Owners to be notarized. 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 November 9, 1994, that the City of Encinitas consents to the making of the foregoing Grant of Easement for Recreational to the recordation thereof by its duly Alan D. Archibald Director of Engineering Services cov4264a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 1724 STATE OF CALIFORIA ] COUNTY OF SAN DIEGO ] On March 31, 1999, before me, Elizab~h Moslev , 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 instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~ ,,~ cOMM,#V1711 9 ~ .': I~T~' pUEIL.~,~ALIFORNIA L~ ~,~/' My Commtr~ion E~pires · 1~ ~1~.~ J^NUARY 25,, 20e2 ~, E[[.19/d~H MOSLEm, Notar~blic 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 DESCRIFrlON OF ATTACBED DOCUMENT INDIVIDUAL CORPORATE OFFICER VICE PRESIDENT TITLE GRANT OF EASEMENT RECREATIONAL TRAILS TRACT 4400 -Patccl 264-391-17 TITLE OR TYPE OF DOCUMENT 2 [] PARTNERS ATTORNEY-IN-FACT TRUSTEE(S) GuARDIAN/CONSERVATOR OTFLER: LIMITED GENERAL NUMBER OF PAGES MARCH 31, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON OR ENTITY) Barratt American Incorporated 1725 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. Alan D. Archibald Director of Engineering Services SUBORDINATION AGREEMENT 726 WHERF~S, those parties concerned desire to have the Deed of Trust recorded September 21, 1998 as Iilstr%L~ent No. 1998-0597809 and the Deed of Trust recorded January 22, 1999 as Instrument No. 1999-0036159 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 hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same exten~ to the same extent as if said DOCLr~4ENT had been executed prior to said Deed of Trust. April 7, 1999 Bank of ~tmerica National Trust and Savings Association, a national banking association By: Vice President ACKNOWLEDGMENT 1727 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On Apdl 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 x< ....... (Signature) gub~d.l~o 17£$ 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. Alan D. Archibald Director of Engineering Services EXI-ffBIT 'A' 1729 LEGAL DESCRIPTION THAT PORTION OF LOT NO. 29 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: THE EASTERLY 20,00 FEET OF SAiD LOT 29. CONTAINING 7,587 SQ..FT., MORE OR LESS. A.P.N. 264-391-17 P.] NALD~D. HARVEY, JR. // · 5292 EXPIRES 12/31/1999L,/ hTl12~Y NASgMgNI'- 27 ENCJNITA~O ]WA? -J2780 T~qAcO-/' NO~ 4400 PLAT TO ACCOMPANY LEGAL DESCRIPTION 100 0 100 SCALE: 1'-100' pRO~c~O~gD RASgMRN~ ~'OJ~ PUBI. JC EXHIBIT 'B' P.N~IZgAI'IONA~. ?~I!~ JuURI~ONN8 SHEET 1 OF 1 - LOT 29 MAP 12780