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