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2003-912515 --0912515. ~ECORDING REQUESTED BY: JUL 30, 2003 2: 55 PM THE CITY OF ENCINITAS 0FFICt~ ~C~DS SAN DIE~ C~T¥ ~DE~'S 0FF]CE AND WHEN RECORDED, MAIL TO: G~YJ.~ITH, C~TY~EC~k~ F~S: Attention: CITY CLERK CITY ENCINITAS IIIIIIIIIIIIIIIIIIIIIIIllllll!llllllllllllllllllllllllllllllllllllllll 505 South Vulcan Avenue Encinitas, CA 92024-3633 ' NO F~ GOV. CODE Space above this line for SECTION 6~03. Recorder's use only. ASSESSOR'S PARCEL NO. 257-0~-~0 PUBLIC PROJECT NAME Quail Gardens Drive Extension Project SUBORDINATION AGREEMENT For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the execution of the attached Easement Deed for slope maintenance and drainage purposes, Grant Deed for uneconomical remainder and substitute property and Temporary Construction Easement in connection with the public right of way improvements by the owner(s) of the land and premises therein described, the terms of which are incorporated herein and made a part hereof, the undersigned being the owner and holder of all the indebtedness secured by that certain Deed of Trust dated March 26, 2003, as Official Document No. 2003-0370429, in the Office of the County Recorder of San Diego County, State of California, do (es) hereby agree that the grants to the CITY OF ENCINITAS, a municipal corporation, ("City") attached hereto, covering a portion of the said lands and premises, shall be, and is/are hereby made paramount to said Deed of Trust and the lien thereof; that said Deed of Trust, as to the lands and premises is hereby subordinated to said grants to said City, and in the event of foreclosure of said Deed of Trust, the Trustee's sale and conveyance thereunder of the lands described therein shall be subject to said grants to said City, and said grants shall not be affected thereby. Dated: Subordination Granted By: Accepted by: BANK ~~ CITY OF E~INITAS, a mu lc' al o~oration By: /~ -- -/ By: (~TT~CH NOTARY) STATE OF KENTUCKY ) COUNTY OF 3EFFERSON ) On 3une 5, 2003 before me, Toi L. McLaurin personally appeared Shawn Biven, Vice President, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is/are 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. WI'TNESS my han? ~nd official seal. '~ i, ,,a ure Toi L. McLaurin, Notary Public AFTER RECORDING MAIL'S0 Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan'Avenue Encinitas, CA 92024 ...... SPACE ABOVE THIS LINE FOR RECORDER'S USE NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVERNMENT CODE SECTION 6103 Title Order No. 1249589-15 Escrow No. 562899DD Assessor Parcel No. 257-011-10 [ ] Ail IX] Portions EASE~IENT DEED For and in consideration of a valuable consideration, JAM~s ROSS GILLIE and KATHLEEN M. GILLIE HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of California, its successors or assigns, the permanent easement and right of way to construct, reconstruct, maintain, operate and repair an earth excavation or embankment, slope or slopes, and a storm drain, drains, or drainage, including any or all incidents and appurtenances thereto, Over, under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference. Reserving unto the Grantors herein, heirs, successors and assigns the continued use of the above-described parcel of land subject to the following conditions: the erecting of buildings, masonry walls, masonry fences and other structures; the plan-ting or growing of trees; the changing of the surface grade; and the installation of privately Owned pipe lines shall be prohibited excep.t by written permission from the City of Encinitas. IN WITNEss WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this ~- day of ~fO~JY~ , 2002. This iS to certify that the interest in real progerty - . . conveyed by this instrument to the City of Encinitas, a municipal corporation, is hereby accepted by the undersigned authorized officer on behalf of the City of En¢initas, and the grantee h~rehy consents to =ts: - ' - EXHI.BIT A (LEGAL DESCRIPT_ION)--' . = ~.~,-:_..; -,.-_.=. :.. EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE ~i~RP~Es ..... PARCEL E.3 That portion of Parcel 2 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on July 29, 1978 as File No. 76-241622, described as follows: Beginning at the Northwest corner of said Parcel 2; thence along the Norther{y line of said Parcel 2 South 88°32'26" East 101.62 feet to the intersection of said Northerly line of Parcel 2 and the Easterly sideline of 60.00 foot wi-de stdp of {and described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC HIGHWAY PURPOSES recorded July 21, 1976 as File No. 75-230528 of Official Records of San Diego County and described as Parcel 76-0499-A within said File No. 76-230528, said intersection being the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88032'26'. East 7.80 feet; thence leaving said Northerly line of Parcel 2 South 17°48'12" East 59.35 Feet; thence South 15043'50'' East 87.77 feet; thence North 74°58'25" East 8.08; thence South 15°00'39" East 18.80 feet to the Southerly line of said Parcel 2; thence along said Southerly line of Parcel 2 North 88°27'27" West 20.86 feet to the intersection of said Southerly line with said Easterly sideline of Parcel 76-0499-A of File No. 76-230528; thence along said Easterly sideline of Parcel 76-0499-A of File No. 75-230528 North 15°00'39'' West 170.10 feet to the TRUE POINT OF BEGINNING. Containing 1,91 5 square feet, more or less. TOGETHER WITH all abut~rs Right of Access along the hereinabove described Eastedy sideline of Parcel 76-0499-A of File No. 76-230528. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. .~x~o .~~ · BR,AN K. M'CKELSON, L.S. ,o. LICENSE EXPIRES: JUNE 30, 2005 EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION)' UNECONOMICAL REMNANT AND SUBSTITUTE PROPERTY , ~ DEDICATE REAL PROPERTY FOR PUB '~ HIGHWAY PURPOSES RECORDED JULY 21, 1976 ~ ~ .... AS FiLE NO. 76-230528 OF OFFICIAL RECORDS. ! 1718' " 21.88' "~ - /-- NORTHERLY LiNE · · . , / PARCEL2 P.M. 4957 N 88 3226 W ~334.57' 232.95' POINT OF -' BEGINNING ¢¢ ~ ' ,,, PARCEL E-2 (NORTHWEST CORNER '~. PARCEL 2 P.M. 4957) PARCEL I ~, , ~ No, 18801 WESTERLY LINE ~ PARCEL 2 P.M. 4957 184.68' N88"27'27"W 215.91' \ ~ SOUTHERLY LINE ~ ~ t, PARCEL 2 P.M. 4957 's~~~~ 6 9.'8,' \ QUAIL GARDENS '5¢ DRIVE VICINITY MAP NO SCALE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. vulcan Avenue Encinitas, CA 92024 (Space above this line for Recorder's use) Exempt from Recording Fee Exempt from Documentar~ Transfer Tax Pursuant to Government Code § 6103 Pursuant to R&T Code ~ 11922 GRANT DEED - Assessor Parcel Number: 257-011-10 [ ] Ail IX] Portions FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JA~ES ROSS GILLIE and KATELEEN M. GILLIE HEREBY GRANT TO THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION, all rights, interests, or title to the real property located in the City of Encinitas, County of San Diego, State of california described in Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the grantor hereto has cause this Grant Deed to be executed as of this ~ day of ~uG~ , 2002. This is to certify that the interest in real property conveyed by this Grant Deed, from James Ross Gillie and Kathleen M. Gillie, to the City of Encinitas, is hereby accept~ by the undersigned on behalf of the City of Encinitas pursuant to authorl y conferred therein and the grantee consents to recordation thereof by its duly authorized officer. Gillie/E-2/Uneconomic Remainder, substitute Property EXHIBIT A (LEGAL DESCRIPTION) UNECONOMICAL REMAINDER AND SUBSTITUTE PROPERTY PARCEL E-2 That portion of Parcel 2 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego; State of California, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as File No. 76-241622, described as follows: Beginning at the Northwest corner of said Parcel 2; thence along the Northerly line of said Parcel 2 South 88°32'26" East 39.06 feet to the intersection of said Northerly line of Parcel 2 and the Westerly sideline of 60.00 foot wide strip of land described in the IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY for PUBLIC HIGHWAY PURPOSES recorded July 21, 1976 as File No. 76-230528 of Official Records of San Diego County and described as Parcel 76-0499-A within said File No. 76-230528; thence leaving said Northerly line of Parcel 2 along said Westerly sideline of Parcel 76-0499-A of File No. 76-230528 South 15°00'39'' West 94.33 feet to the intersection of last said Westedy sideline of Parcel 76-0499-A with the Westerly line of said Parcel 2; thence along said Westerly line of Parcel 2 North 34°34'26" West 111.86 feet to the Point of Beginning. Containing 1,767 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. _- BRIAN K. MICKELSON, L.S. No. 7320 LICENSE EXPIRES: JUNE 30, 2005 EXHIBIT B (SKETCH TO ACCOMPANYLEGAI-" DESCR]PTION)'- EASEMENT FOR SLOPE MAINTENANCE AND DRAINAGE PURPOSES  ~ \ CENTERLINE OF 60.00 FOOT WIDE PARCEL ~ ~ 76-0499-A OF EXISTING IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC  HIGHWAY PURPOSES RECORDED JULY 21, 1976 t AS FILE NO. 76-230528 OF OFFICIAL RECORDS. POINT '- BEGINNING ~- NORTHERLY LINE 7.8o,. PARCEL E-3 / PARCEL 2 P.M, 4957 101.62' \ N 88°32'26" W 11334.57, 39.06' 225.15' BEGINNING ~ \ PACEL E-3 UJ (NORTHWEST CORNER PARCEL 2 P.M. 4957) -'-~' ~-~ ~ PARCEL WESTERLY ~. LINE PARCEL 2 PARCEL 2 P.M. 4957 ~ ~ P.M. 4957 163.82' INDICATES ABUTTERS RELINQUISHED % GPROPOSED ~,~, ' ~ ~'~° ~ 6 ' ' QUAIL'- GARDENS ~."'?y ~ DRIVE VICINITY MAP MY LICENSE EXPIRES JUNE 30, 2005 NO SCALE RECORDING R~QUESTED"B¥ AND- AFTER-RECORDING MAIL TO: Attention: City Clerk THE CITY OF ENCINITAS 505 S. Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE THIS LINE FOR RECORDER'S U$~; NO DOCUMENTARY TAX DUE - R&T 11922 (amended) NO FEE - GOVEBi~4ENT CODE SECTION 6103 Title Order No. 1249589-15 Escrow No. 562899DD Assessor Parcel No. 257-011-10 [ ] Ail IX] Portions TEMPORARY CONSTRUCTION EASEMENT For and in consideration of a valuable consideration, JAMES ROSS GILLIE and F4%THLEEN M. GILLIE HEREBY GRANT to the CITY OF ENCINITAS, a municipal corporation, in the County of San Diego, State of california, its successors or assigns, for 1) access and 2) work and/or staging area, for a period beginning the earliest of !) date of recordation of executed deed, 2) effective date of court of competent jurisdiction's order of possession, or 3) effective date of grant of written right of entry, and ending 35 days after recordation by City or its contractor of a certificate of completion of project or __ days whichever is earlier, over, Under, along and across all that real property situated in the City of Encinitas, County of San Diego, State of California, described as follows: See legal description in EXHIBIT "A," and depiction in EXHIBIT "B," attached hereto and incorporated herein by this reference.~ IN WITNESS WHEREOF, the grantors hereto has cause this Easement Deed to be executed as of this ~ day of ~u~ , 2002. a municipal co~oration, is hereby accepted by the Gillie/~-4/TCE " E~HIBIT A- (LEGAL. DEscRiPTION~*'~--*~ -"'- ........ ' ....... * . _.:-_ -- ~,:- ....... :=.__~ .... :' ~ .. · -- TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES PARCEL E-4 That portion of Parcel 2 of Parcel Map No. 4957, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on July 29, 1976 as Fite No. 76-241622, described as follows: Beginning at the Northwest corner of said Parcel 2; thence along the Northerly line of said Parcel 2 South 88°32'26" East 109.42 feet to the TRUE POINT OF BEGINNING; thence continuing along said Northerly line South 88°32'26" East 13.05 feet; thence leaving said Northerly line of Parcel 2 South 15°00'39'' East 153.33 Feet; thence South 74°58'25" West 8.08 feet; thence North 15°43'50" West 87'.77 feet; thence North 17°46'12" West 69.35 feet to the TRUE POINT OF BEGINNING. Containing 1,486 square feet, more or less. As shown on Exhibit "B" attached hereto and by this reference made a part hereof. BRIAN K. MICKELSON, L.S. No. 7320 Exp. 06~30~05 LICENSE EXPIRES: JUNE 30, 2005 No. 732o - ~ ~-~ _~,~o~') - · ~Y LEGAL DESCRIP~:ION) ' TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES ~ ~~EAL PROPERTY FOR PUBLIC .... ~ ~ ~ ~CORDED JULY 2_1L !9_76 .~. ~ ~ ~ AS FILE NO. 76-230528 OF OFFICIAL RECORDS. ..... ' '~ - ~ - TRUE POINT .... ~ .~ 'OF % BEGINNING /-- NORTHERLY LINE F ·7.80,, PAROELZP,M, 4957 1 109,42' \ N 88 32 26 W ~f 334.57' 39.06' 225.15' PARCEL E-4 =OINT OF ¢~ ¢~ , BEGINNING ' * ~ 9 ¢, R, O¢ PARCEL E-4 L/'~ ~. (NORTHWEST CORNER PARCEL 2 P.M. 4957) ~ ~ No', 18801 ~ SOUTHERLY PARCEL I ~ / UN~ ~A.C~ ~ 184.88' N88'27'27'~ 215.91' , ~ PROPOSED ~ ~ ~ , , '~ QUAIL GARDENS ~ ~ % ~ ¢~ ~ k / / BRIAN K. MICKELSON, L.S."7320 ~ ~ ~No, 7320~ k~V ~M~ ~ RES JUNE 30, 2005 ~ .............. PI V/C/N/~ MAP