1999-621921.., III iii
~. ·~ 1009-0621921
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF ENCINITAS
505 SOUTH VULCAN AVENUE
F~INITAS, CA...~024
D0C 1999-0621921
ASSESSOR' S PANCEL NO.
A.
264-391-08
GRANT OF EASEMENT
FOR RECREATIONAL TP3%ILS
Barratt American Incorporated
PROJECT NO.TM 4400
W.O. NO.
("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 considerazion,'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
3) The grade of the driveway which crosses the easement must'
match the grade of the trail on botk 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, muccessors, heirs,
personal representative, transferees and assigns of the respective
parties.
to full reimbursement of all costs,
fees, from the other party.
F. If either party is required to incur costs to enforce the
provisions of this easement, the prevailing party shall be entitled
including reasonable attorney's
BARRATTX~ERICAN .INCORPORATED
David A. Jacinto, Vice President
2035 C.?rte Del ~,o~al, suite 160
Garlsbad, 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,
adopt.ed on November 9, 1994, that the City of Encinitas consents to
the making of the foregoing Irrevocable Offer to Dedicate an
Easement for Recreational ~rails and con~ents to the recqrdation
thereof by its duly authorized officer. /~, ~ n , [/ ,D
Alan D. Archibald
Director of Engineering Services
COV4264a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORIA ]
I ss.
COUNTY OF SAN DIEGO I
On March 31, 1999, before me, Elizal;)0~h 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 instrument the person or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
THI~ AREA FOR OFFICIAl, NO'I'APdAL SEAL
Though the data below is not required by law, it may prove valuable to persons relying
on the document and could prevent fraudulent reattaehment of this form.
CAPACITY CLAIMED BY SIGNER
DESCRIPTION OF ATTACHED DOCUMENT
[INDIVIDUAL
CORPORATE OFFICER
VICE PRESIDENT
TITLE
G1LMN'F OF EASEMENT
RECREATIONAL TRAILS
TRACT 4400 - Parcel 264-391-08
TITLE OR TYPE OF DOCUMENT
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)
Ban-att American Incorporated
1 793
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.
~lan D. Archi[ald
Director of Engineering Services
WHEREAS, those parties cor~cern~d desire to have the Deed of Trust recorded
Septer~b~ 21, 1998 as Instrument 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~ fur valuable consideration, the receipt of which ia hereby
acknowledged, the undersigned Beneficiary hereby waives the priority of
said Deed of Trust i~l favour ~'~f said DOCUMENT to the same extent to the same
~xte~lt as i~ 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
Ger~ P, Gamble
Vice President
ACKNOWLEDGMENT
1795'
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)
Subo~,Doc
796
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 Enclnitas 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
EXHIBIT
7,97
LEGAL DESCRIPTION
THAT PORTION OF LOT 18 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. 9143076030, IN THE OFFICE OF THE COUNTY REI2ORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
THE NORTHERLY 15.00 FEET OF SAID LOT 18.
A.P.N. 264-391438
CURVE TABLE
CURVE DELTA J RAD;US J LENGTH
C1 0,~'25'15"I 520.00'I ~1.05'
-j¥
/
/
/
/
/
/
/
/
/
18
N 89'49'39" E 512.33'
795
SITE
VICINITY MAP
NTS
100 0 100
SCALE:
1"=100'
EXHIBIT 'B'
SHEET 1 OF 1
PLAT TO ACCOMPANY LEGAL DESCRIPTION
860EASE30~DWO