Loading...
1999-350892· 1999 0350892 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF.ENCINITAS 3933 DOC · 1999-0350892 ) ) ) ) 24, 1999 11:3~ AM 0~I~I~ ECl]I~ 030 505 SOUTH VULCAN AVENUE ) ENCINITAS, CA 92024 ) I , ~ EL NO. 264-241-13 ASSESSOR S PARC FOR RECREATIONAL TRAILS A. PROJECT NO. W.O. NO. TM 97-219 5794-FM Phase II 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 3934 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 Owner/ /~ _ I S ignature of Owners to be notarized. I 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 con,nra tQthe recordatio~ thereof by its d~ly authorized officer. / ~1 ~ .~ ~ - ~ ~ ~[/ - % [ Alan D. ArChibald ' Director of Engineering Services COV4264a 3935 CALIFORNIA ALL-PURPO~E ACKNOWLEDGMENT State of ~)~:~dT-TCL,~ / cou., o On before Na~ and T~e of ~ (e.g., 'Jane ~, N~ P~ personally appeared ~/~~~ ~Y~ , Na~s) ~ S~(s) ~ personally known to me - OR--veal to me on the basis ~sfa~o~ evidence to be the pemon(s) whose name(~e subscri~ the within instrument and ac~dged to me th~he/they executed the ........................ ~~h~rAheir authorized capaci~(ies), and that by ~ OFRC;AL SEAL --~ ~r/their signature(s) on the instrument the pemon(s), ~ RANDA G. MILLJOUR ~ ~ the enti~ upon behalf of which the person(s) acted, executed the instrument. ~~NOTARY PUBLIC-CALIFORNIA,~ _ \~ir'~"J[i~7 COMM. NO. 120a2,50 · \~l~,u~'/ SAN DIEGO COUNTY ~ ' ,-~4z'~ MY COMM. EXP. JAN. 6, 2003 WITNESS my hand and official seal. v 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:~"~/~c:P~,//.,f_~ ~P~ ~-~'~~q/~-,//~ '~/L~~Z~, ' //~ Document Date: Number of Pages: ! · Signer(s) Other Than Named Above: (~/~:~(.,h ~)c/ ~__.~/~, Capacity(les) Claimed by Signer(s) Signer's Name: ~'/)~Z//~/-~)/~5~' Z~ [~"~vidual [] 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 -- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here 994 National Nota~ Association * 8236 Remmet Ave., P.O. Box 7184 · Canoga Pad(, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 '- 3936 CALIFORNIA ALL-PURPt..'= ACKNOWLEDGMENT State of County of ~ ~-~~ On ~-i'l )¢~ate/f~)? before me, ]'~O¢Y~o,~¥ ..~' .L~_..~ /1~'O¢~ .... N~lf~e an~l Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ~ C,.,, ~/~-_Z2/'~, , - / f Name(s) of Signer(s) /~personally known to me - OR - [] proved to me on satisfactory person(~) the basis of evidence to be the whose name~C)d~)Zar.~subscribed to the within instrument ct (~ COMM. #1059265 (,') NOTARY PUBLIC-CALIFORNIA ~ SAN DIEGO COUNTY i. MY COMMISSION EXPIRES .............. AUGUST 18, 1999 and acknowledged to me that~ executed the same in ~authorized capacity(ie~, and that by ~,'re~lt4'~b~ignatureJ~) on the instrument the person.(~, or the entity upon behalf of which the person/(,s) acted, executed the instrument. WITNESS my hand and official seal. ,~"~gnature of Nota~'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: ~"F~"~L O,'~ ~~,-¢-,~ ~, ,-~r' ~'~'¢j;:.r~z~o,L~ Document Date: ~ - f~ ~ ? Number of Pages: Si~ner(s) Other Than Named Abovo: ~ ~'~)D~/ ~} ~/~ ~ Capacity(les) Claimed by Signer(s) Signer's Name: ~4~Ot~ CI'~/~ dividual orporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact ~ Trustee .~ Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Signer's Name: [] 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 Notaw Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 3937 EXHIBIT ~A' LEGAL DESCRIPTION PUBLIC RECREATIONAL TRAIL EASEMENT An easement 12.00 feet wide, for public recreational trail purposes over a portion of the lot designated as Remainder Parcel of Map No. 13566, in the City of En¢initas, 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, said trail easement lies 6.00 feet on each side of the following described centerline: Beginning at a point on the North line of said Remainder Parcel whence the Northeast corner of said lot beam North 87° 32' 00" East 1027.48 feet; thence South 40°45'40'' East 717.63 feet; thence North 78°08'41" East 289.09 feet; thence North 52027'37'' East 204.19 feet more or less to a point on the Westerly sideline of the existing 8.00~foot recreational trail easement granted to the City of Encinitas, County of San Diego, State of California, according to the document recorded as F/P No. 1999-0094719 recorded February 17, 1999, O.R., said point being the Point of Terminus, The sidelines of this easement shall be extended or shortened as necessary to close onto the North line of said Remainder Parcel on the North and onto the Westerly sideline of said existing 8.00-foot trail easement on the East. This legal description was prepared by Jon Blake, PLS 4368 on April 16, 1999. ~Jon Blake PLS 4368 Expires 9/30/01 trll-esmb.doc CITY OF ENCINITAS ~,×.~ ,~,EASEMENT PLAT 3938 I I glj I.l_ I I LI_I I i I c..C) L£'-) r-") , x...'L_ '-]-[ '~.> O~ ~ ( ( SCALE: 1"=120' Conway & Associates, Inc. Telephone (760)753-1453 SHEET t OF 1 3939 SUBORDINATION 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 1) (~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 BENEFI~Y O~ ~ ByUENNIFER MCCAULEY, FIRST CNOTCF. FO~F. CLOSURE SVCS. Title: PRESIDENT =~o~ ~.......... ...... ~,,,u,v~ r'ur~'-(.;LOSURE SERVICES 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. DATE: Alan D. Archibald Director of Engineering Services trll-subl.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 0z]/19/99 Date personally appeared 39 0 before me, DANIEL H. MCCAULEY Name ~ ]-~le of O~ (e.g.. 'Jane Doe. No{an/Pul:4ic") JENNIFER MCCAULEY Name(s) of Sight(s) XX~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), o~ the entity upon behalf of which the person(s) acted, j~ .............. i executed the instrument. DANIEL H. MC CAULEY ~ /~ ..~.~:~ COMM., ],~,5928] =z WI[NESS my hand and ofli(;:ial seal. ~Z ~:: ~-' ~.~ .'-,J,!%~;)~] Notary Public -- California ~' ~~"~ / . ~,,L// i ~"~?~"~.'-2~/./. SAN DIEGO COUNTY ~ "'? "-'~' My Comm. Expires ,,IJN 30, 1999 OPTIONAL Though the information below is not required by law, i~ may prove valuable ia persons relying on the document and could prevent fraudulent removal and reattachment of this fon'n to another document. Description of Attached Document '[]tle orType of Document: SUBORDINATION AGREEMENT Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: [] Individual [] Corporate Officer Title(s): [] [] Attomey-in-Fact [] Trustee n Guardian or Conservator [] Other. Partner -- E] Limited [] General Signer Is Representing: NONE Signer's Name: 1-1 Individual [] ~te Officer T~le(s): E] [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] .Other:. Partner'-- [] Limited [] General Signer Is Representing: 1994 Natlollal NO{ar/As~,oclatlon · 8236 Remme4 Ave., P.O. Box 7184 - Canoga PaltL CA 91309-7184 Prod. No. 5.q07 Reoede~. CaJl Toll-Free 1-800-876-.6827