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1999-35089119t~g-0350891 DOC 1999-03§089i RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF.ENCINITAS 505 SOUTH VULCAN AVENUE ENCINITAS, CA 92024 ASSESSOR'S PARCEL NO. 3925 ) Hay 24, 1999 11: 33 AM ) ) [~I~I~ ~[~ ) ,~ DIEGO COLINT¥ REP'S ~ICE ) ~: ~ 264-241-13 PROJECT NO. TM 97-219 W.O. NO. 5794-FM Phase II GRANT OF EASEMENT FOR RECREATIONAL TRAILS Christopher S. Lloyd, a married man as his sole and separate property, and Gregory Cleary, a married man as his sole and separate property ("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 consideration,' 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 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 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, 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 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 Irrevocable Offer to Dedicate an Easement for Recreational Trails and co~ents to the recQ~dati~n thereof by its duly authorized officer. ~ , . ~ ~ ~; ~ /; Alan D. Archibald Director of Engineering Services COV426 4 a CALIFORNIA ALL-PURPI..~.,,= ACKNOWLEDGMENT - State of ~__P/l'~£~l ~ County of ~'--~', 3927 ~;~1'1 ID~~ I~'~ (~ before me, ~[~..~ ("~ N ~O~m ~/Tn d J% ~(.,/'~--~ On Titl~ of Officer (e.g., "Jane'Doe, Notary Public")/ personally appeared ~ tN.,' C i~r~ , ~,/ { / Name(s) of Signer(s) .,~ersonally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(~r]' whose name~),i,..~_.rc subscribed to the within instrument NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MY COMMISSION EXPIRES AUGUST 18, 1999 ::::::::::::::::::::::::::::::::::::::::::: and acknowledged to me that~ executed the same in l~,erY-~eir authorized capacity(ie~, and that by .~ 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. ' ' - ' ~ature of Not~ry-Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~'1~_.¢,,-~- o1 7"-f'~ 5'?- Document Date: V"-/2'~ ~' Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ~Pe-a.o/'~ C I'~;>.£ v d ' / Individual Corporate Officer Title(s): ~ Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee ~ Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Signer's Name: Number of Pages: ~.~ / [] Individual ~ Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1995 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C'~'. ~:~'- County of ~C:~C Date personally appeared 3928 [] personally known to me - OR ~ved to me on the basis of.~s~sfactory evidence to be the person(s) whose name(s~e subscdbe.,~, the within instrument and ack~dged to me tha~,she/they executed the ~3~_.__hi_~r/their authorized capacity(les), and that by ~ ~~:~:.-~ - ~r/their signature(s) on the instrument the ~mon(s), .... ~ the enti~ upon behalf of which the person(s) acted, ~~~~- --~ '-,":~- ~"~'~LSEALG. MILLJOUR I or ~ i~[~1 ut~Hy PUBLIC-CALIFORN~A~ executed the instrument.  COMM. NO. I 2.~ ......~ uy~,eGO C~o ; WITNESS my hand and official seal. . EXP. J.._ ~, -~ OPTIONAL ,, ~ough the in~a~on ~low ~ not ~uired by la~ it ~y prove valuable to pe~s ~ng ~ ~e d~ment ~d ~u~ pmvent ~audulent removal and rea~a~ment of ~is f~ to ~er d~ument, Description of Attached Document Title or Type of Documen,:~/"O~-//' ~ ~-~'C~A2_.~//~ ~L'~ <~hd ,~d.~;~'~)?(~_ ~/~z~)~ Document Date: .,?/,~/)_.,/C] ~ Number of Pages: ~-~ Signer(s) Other Than Named Above: ~o/~:~'-~ ~C~ ~_~,~ ~-/ Capacity(les) Claimed by Signer(s) Signer's Name: .~~~ ~.~)L//~) ~lividual [] Corporate Officer Title(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner m [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: lop of thumb here 1994 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 LEGAL DESCRIPTION PUBLIC RECREATIONAL TRAIL EASEMENT An easement for public recreational trail purposes over a portion of the lot designated as Remainder Parcel of Map No. 13566, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 13566, filed in the Office of the County Recorder of San Diego County on April 22, 1996, more particularly described as follows: Commencing at a point on the centerline of Double LL Ranch Road, whence the intersection of the centerlines of Double LL Ranch Road and Lone Jack Road bears South 69039'35'' West 95.94 feet; thence North 20°20'25'' West 60.00 feet to a point on the Northeast sideline of a waterline easement granted to the Olivenhain Municipal Water District on 7/25/77 as F/P No. 77- 296591 O.R.; thence along said Northeast sideline South 69°39'35'' West 4.00 feet to the Point of Beginning; thence continuing along said Northeast sideline South 69°39'35'' West 184.57 feet to an angle point in said Northeast sideline; along the North sideline of said waterline easement North 84°23'11" West 88.66 thence feet; thence thence thence thence South South South North 67045'09'' West 155.79 feet; 6°42'12'' West 64.60 feet; 79°40'00'' West 28.00 feet; 10°20'00'' West 12.00 feet; thence North 79040'00'' East 16.00 feet to the beginning of a non-tangent 184.00 foot radius curve, concave East, the radius point of said curve bears North 79040'00'' East; thence Northeasterly along said curve through a central angle of 14°43'31" a distance of 47.29 feet; thence tangent to said curve North 4°23'31" East 10.95 feet to a point on the Southwest sideline of said waterline easement; thence along said Southwest sideline and the Easterly extension thereof North 67045'09'' East 178.82 feet; thence South 84°23'11" East 88.87 feet; thence North 69039'35'' East 189.34 feet; thence South 14°42'41'' West 13.12 feet; thence South 20o20'25'' East 1.26 feet to the Point of Beginning. This legal description was prepared by Jon Blake, PLS 4368 on February 24, 1999. (-'~'Jon Blake PLS 4368 Expires 9/30/01 trl2esm 11 b. doc CITY OF ENCINITAS ~,×.~ ,~, EASEMENT PLA 3930LON~ JACK ROAD _.J I I LI_I <[ r~ I.l_ NlOd Conway & Associates, Inc. Te~ho.e (760)753-1453 SHEET 1 OF I - 3931 SUBOI~D INATION AGREEMENT WHEREAS, those parties concerned desire to have the Deed of Trust recorded 8/30/90 as File/Page No. 90-474480 O.R., and modified by agreement recorded 10/30/92 as File/Page No. 92-0694799 O.R., and modified by agreement recorded 2/22/94 as File/Page No. 94-0117932 O.R., subordinated to Grant of Easement for Recreational Trails required as a condition of approval of TM 97-219 (Phase 2) (~DOCUMENT" hereinafter); Now, therefore, the valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby waves the priority of said Deed of Trust in favor of said DOCUMENT of the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. DATED BENEFICIAR~~ By: Title: ~1~~- FIRST CHOICE FOR~OLOSURE SER~CF.~ (76o) 480-6858 DATED BENEFICIARY OR TRUSTEE By: Title: 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, 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 trl2-subl.doc 3932 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 04/19/99 Date personally appeared before me, DANIEL H. MCCAULEY JENNIFER MCCAULEY Name and TRIe o~ Officm' {e.g., "Jane Doe, No~my Public'} Name{s) o~ Signer(s) X~f~: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. OPTIONAL Though the information below is not required by law, it may prove valuable to pereons relying on the document and could prevent fraudulent removal and reattachment of Ibis form to another document. Description of Attached Document Title orType of Document: SUBORDINATION AGREEMENT Document Date: Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(les) Claimed by Signer(s) Signer's Name: [] Individual [] Corporate Officer 'l-rtle(s): [] Partner -- [] Limited [] General [] Attomey-in-Fact [] Trustee [] Guardian or Conservator [] Other:. Signer Is Representing: Top o~ thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] [] Attomey-in-Fact [] Trustee [] Guardian or Conservator [] Other: Partner -- [] Limited [] General Signer Is Representing: Top of thumb here 994 National Notary Association · 8236 I:~ Ave., P.O. Box 7184 · Canoga Pad(, CA 91309-7184 Prod. No. 5907 Reo~. Call To~l-Fme 1-800-876-6827