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1999-7092171999-0709217 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO; 2392 CITY CLERK CITY OF ENCINITAS 505 SOUTH VULCAN AVENUE ENCINITAS, CA 92024 DOC 1999-0709217 22, lC)k)c) 8=28 'OFFICIAL SAN DIEGO COUNTY REOORI)ER'8 OFFICE GREGORY J. SMITH, I]OLINTY RECORI)ER FEES: 0.00 2 ASSESSOR'S PARCEL No. 264-240-33 PROJECT No. TM 87-041 W.O. No. 3513-I GRANT OF EASEMENT FOR RECREATIONAL TRAILS A. Christopher S. Lloyd, a married man; and Gregory Cleary, a married man ("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 --~n~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 Coranunity Services. 2393 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 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 incumbrancers, successors, heirs, personal representative, transferees and assigns of the respective parties. F. If either party is required to incur cost 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, the City of Encinitas consents to the making of the foregoing Irrevocable Offer to Dedicate an Easement for Recreational Trails and consents to the recordation thereof''bY its duly authorized offi~iL ~~ v Alan D. Archibald Director of Engineering Services 2394 STATE OF CALWORNIA ) )ss COUNTY OF SAN DIEGO ) On March 12, 1998, before me, Leona V. Kauflin, Notary Public, appeared Christopher S. Lloyd, proved to me on the basis of satisfactory evidence 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.  Leona V. Kauflm Corem # 1044127 ~ · g NOTARY PUBLIC-~AI. IF ORNIA ~ SAN DIEGO COUN'I'Y t co, . E,, 3. !?.2I WITNESS my hand and official seal. l~x~na V. Kauflin, Notary Public ~' G:~L-95XACKLLOY3 CALIFORNIA ALL-PURPO~-E ACKNOWLEDGMENT - 2395 State of County of On J'Y~l~,~O.% \0, \o~q~; before me, [,L)~_.NDLJ .~,TL,LT'~'I~I~'q, ~OTRt2LJ ~6L46, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared O.~-E-.C~C)~.~ CL.~ , Name(s) of Signer(s) [J~.personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(~ whose name(jO is/~e subscribed to the within instrument and acknowledged to me that he/S'l/(e/tll~y executed the same in his/h'Kr/tl~ir authorized capacityO)~), and that by his/l~[r/tl't~jr signature(~ on the instrument the person(~), or the entity upon behalf of which the personOl0 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 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: ¢21~1~.~'t" Document Date: ~'e..Io~:kr'~J '2~ ~ \qqg Signer(s) Other Than Named Above: Number of Pages: Capacity(les) Claimed by Signer(s) 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 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 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 2396 GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant dated January 13, 1999 from Christopher S. Lloyd, a married man; and Gre.qory Cleary, a married man, to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Dated: ~ "' I(.3 - ~ ~ Alan D. Archibald, P.E. Director of Engineering Services City of Encinitas 2397 SDq~O~D INATIO~ A~REE~T WHEREAS, those parties concerned desire to have the Deed of Trust recorded 8/30/90 as File/Page No. 90-474480 , and modified by agreement recorded 10/30/92 as File/Page No. 92-0694799 , and modified by agreement recorded 2/22/94 as File/Page No. 94-0117932 , subordinated to Grant of Easement for Recreational Trails required as condition of approval of TM 87-041 ('DOCUMENt' hereinafter); Now, therefore, the valuable consideration, the receiDt of which is hereby acknowledged, the undersigned ~ or--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 s aid3rc~3-Deed o f~gTrust. DATED 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: ]klan D. Archibald Director of Engineering Services ALL PURPOSE ACKNOWLEDGEMENT 2398 STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } ss. } On 03/23/99 personally appeared before me, Daniel H. McCauley JENNIFER MCCAULEY ~e?~6nally kn6wn~6-tS-m~or proved to me on the basis of satisfactory evidence) to be the person(~) whose name(~)(~)are subscribed to the within instrument.and acknowledged to me that he(~t-~y executed the same.in his(~heir authorized capacity(i~,4, and that by his~)/their 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. ff[_.~;,,~?~,~'.\ COMM..9 1059281 ~'...?.?~;~,~):.:) Notary Public -- California ~/ SAN DIEGO COUNW ~ ~ Comm. Expir,s ~ 30~ [This area for off/cia/notarial seal) 4/94 Rec. Form ~tR11 EXHIBIT ~A" GRANT OF EASEMENT FOR RECREATION TRAILS PROJECT NO. TM 87-041 PROPERTY DESCRIPTION 2399 Lot 1 of City of Encinitas Tract 93-029, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 13320, filed in the office of the County Recorder of San Diego County on April 25, 1996 as File No. 1996- 0207400 of Official Records. END PROPERTY DESCRIPTION EXHIBIT ~B" GRANT OF EASEMENT FOR RECREATION TRAILS PROJECT No. TM 87-041 2400 LEGAL DESCRIPTION An easement, 8.00 feet wide, for recreational trail purposes, across Lot 1 of City of Encinitas Tract 93-029, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 13320, filed in the Office of the County Recorder of San Diego County on April 25, 1996, said easement lies 4.00 feet on each side of the following described centerline: Beginning at the intersection of the south line of said Map No. 13320 with a line that is parallel with and 4.00 feet westerly of the west line of Lone Jack Road, as said road is shown on Map No. 13320; thence North 18° 47' 15" West, along said parallel line, 558.04 feet to the beginning of a curve that is concentric with and 4.00 feet westerly of the 960.00 foot radius curve in the westerly line of Lone Jack Road; thence northerly along said concentric, 964.00 foot radius curve, thru a central angle of 4° 41' 58", an arc distance of 79.07 feet to the northerly terminus thereof; thence North 55° 14' 51' West 86.16 feet; thence North 20~ 20'12" West 60.00 feet to a point in the northerly line of Lot 1, whence the northeast corner of Lot 1 bears North 69~ 39' 48" east 95.94 feet. The easement described in this legal description is intended to replace and supersede the recreational trail easement shown on Map No. 13320. This legal description was prepared by Jon Blake, PLS 4368 on February 24, 1998. L/ Jon Blake PLS 4368 expires 9/30/01 EXHIBIT "C" MA TCHLINE ~ ' LOT I SEWER EASEMENT PER DOC. 1995-0092653 O.R. REC. FEB 12, 1995 CITY OF ENCINITAS EASEMENT PLA T ~ REALIGNED 8' RECREA~ONAL TRAIL EASEMENT BEGIN REALIGNMENT OF 8' RECREATIONAL TRAIL EASEMENT S71 °44'04"W 54.00' I 2 644 '~' 30' 30' 240! SEE SHEET 2 CONWA Y & ASSOCIATES, INC. 155 LIVERPOOL DRIVE SUITE D, CARDIFF, CA 92007 SHEET 1 OF 2 EXHIBIT "C" CITY OF ENCINITAS EASEMENT PLA T 2402 LOY ¥ ~'vJA ? 125'16/ 30' END REALIGNMENT OF 8' RECREATIONAL TRAIL 60' IOD PER ~ ':~c. ~ ~ = ~o. oo' STORM DRAIN EASEMENT \ \ \ PER DOC. 1996-0106709 \\ REC. MARCH 4, 1996 O.R. ~\ \\ A = 4'41'58"1 ~ 4' \\ \ R = 964.00'~ \ ', L = 79.07'1 -~, ',,, ',, ,o-r ' 1; \ / ~ , ~) ~) ~ 'x x, RECREATIONAL ~ ~ ~ x '~ TRAIL EASEMENT ~ ~ ~ ~ TCHLINE ' ' A = 4°41'58" R = 930.00' L = 76.28' SEE SHEET CONWA Y & ASSOCIATES, INC. 155 LIVERPOOL DRIVE SUITE D, CARDIFF, CA 92007 SHEET 2 OF 2