1999-62192019~9-062 ~ 920
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ENCINITAS
DOC 1999-0621920
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8ep 10, 1999 8:33 AM
Oi~FI~IAL
I)IE(~ t]l~lY EDSRIER'8 OFFICE
J. ~MI'[H,
FEES:
(./ ,-- ~ ONAL TRAILS
A. Barratt ~erican Incorporated
TM 4400
("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).
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
1752
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 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 party.
Dated ~-~ Owne~
David A. Ja¢into, Vice President
2035 Corte Del Nogal, 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 Grant of Easement for Recreational
Trails and consents to the recordation thereof by its duly
authorized officer.
DATE: ~' ~l~'~ BY:
Alan D. Archibald
Director of Engineering Services
cov4264a
1783
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALUFORIA ]
l ss.
COUNTY OF SAN DIEGO ]
On March 31, 1999, before mc, Elizabeth Mgll~y , Notary Public, personally
appeared David .A.,.J09into 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,
TH MOSLEY~Notarf~ublic
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 PRESDENT
TITLE
GRANT OF EASEMENT
RECREATIONAL TRAILS
TRACT 4400 - Parcel 264-391-07
TITLE OR TYPE OF DOCUIVffiNT
2
ATTORNEY-IN-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)
Banau American Incorporated
1 784
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
1 785
SUBORDINATION AC~MF~NT
WHEREAS, those parties concerned desire to have the Deed of Trust recorded
September 21, 1998 as Instrument Ne. 1998-0597809 and the Deed of Trust
recorded January 22, 1999 as Instrument No. 1999-0036159 subordinated to
Gra~t of Easement for Recreational Trails required as condition of approval
of -- ~.A. -- ("DOCU~NT" hereinafter);
NOW, therefore, for valuable consideration, the receipt of which is hereby
acknowledged, the ~l~ldersigned Beneficiary hereby waives the priority of
said Deed of Trust in favor of said DOCUMENT to the same extent to the same
extent as if 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
Vice-TFf-esident
ACKNOWLEDGMENT
1786
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 pemon 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)
Subord,Doc
I787
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.
Director of Engineering Services
1785
EXHIBIT
LEGAL DESCRIFrlON
THAT PORTION OF LOT 17 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 15.00 FEET OF SAID LOT 17.
A.P.N, 264-391-07
LINE
LINE NO.
L1
CURVI 'ABLE
LENG'n-I BEARING CURVE LENGTH RAOIUS
20.84* N57'27'44'W Cl 18,84' 20.00'
DELTA
[789
N89'49'13"E 215.04'
N89'49'59"E 288.81'
I
20' SEWER EASE
REC. 1-16-1991
DOC. 91-0022122 O.R. I
40'
/
REC. 6-4-1990
DOC. 90-,T02555 O.R.
D-157'57'48"
R-48.00'
L=115.50'
//,
PROPOSED EASEMENT FOR PUBLIC
RECREATIONAL TRAIL PURPOSES
100 0 100
SCALE: 1'-100'
EXHIBIT 'B'
SHEET 1 OF 1
PLAT TO ACCOMPANY LEGAL OES(~IPTION - LOT 17 MAP 12780
860EASE16.D~'~