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2001-489047 DOC 00!-0489047 aO01 Recording requested by: ) ) City of En¢initas ) ~N DIEGO ~OUNT~ RECORDER'~ OFFICE When Recorded, Mail To: ) FEES: 0,00 city Clerk ) city of Encinitas ) 505 South Vulcan Avenue ) Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY Assessor's Parcel Project: No. w.o. No.: hereinafter designated Gran%or(s) do(es) hereby graht, bargain, convey and release unto the City of Encinitas herein designated Grantee, its successors and assigns, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of an enclosed or unenclosed flood DRAINAGE channel and all structures incidental thereto, and for the flowage of any waters in, over, upon or through said channel, together with the perpetual right to remove buildings, structures, treee, bushes, undergrowth, and any other obstruction interfering with the use of said easement and right-of-way by the Grantee, its successors or assigns. To have and to hold said easementand right-of-way unto itself and unto its successors and assigns forever together with the right to convey said easement, or any portion of said easement, to other public agenckes. The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated in the city of Encinitas, County of San Diego, State of California, and is particularly described as follows: See Exhibit "A" attached hereto and made a part hereof by this reference. TF/O3/MS7-872wp5 1(01.03-95-7) The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is installed or constructed an unenclosed flood drainage channel. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement. The Grantor, his successors and assigns, reserves the right to enclose in a manner approve by the Grantee, its successors and assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee its successors and assigns. In granting its approval the Grantee, its successors and assigns, may impose reasonable conditions including, but not limited to, the filing by the contractor or Grantor of an adequate form of security, as approved by the City Engineer, to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Dated this ~k day of 3~1~ , ~92~oI Grantor: [Signature of GRANTOR 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 that the City of Encinitas consents to the making of the foregoing Irrevocable Offer, Deed, Grant, or Subordination Agreement, and consents to recordation thereof by its duly authorized officer. ,~ f / ~ ~ Date: ~- ~- O/ By: ~ Alan D. Archibald Director of Engineering Services TF/03/MS7-872wp5 2(01-03-95-7) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ~-~-~x-(~ L~/DaI?I ~00 I , before me, ~)'-u~ b._-o._ personally appeared ~-r:~9/q_~4 {4. ~personally known to me [J proveO to me on the basis of satisfactory evidence to be the person~) whose name{~:) ~./a~e subscribed to the within instrument and acknowledged to me that he.__/s, fle/t'f~y executed  the same in hi__s/her/tl:i, elr authorized capacity(il~s), and that by ~/h~e..r/tl~i'r signature(~,:) on the instrument the person(;~), or :~ ~ S(~n Diego Courtly ~ the entity upon behalf of which the person(~ ~ MyComm. ExpiasJon16,~r'm acted, executed the instrument. w,'rNESS my OPTIONAL Description of Attached Document Title or Type of Document: _T)t,-4:A_l~q_~ ~.: d Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ...... [] Individual [] Corporate Officer -- Title(s): Top of ~humb here L~ Partner-- [] Limited LJ General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: EXHIBIT "A" LEGAL DESCRIPTION A.P.N. 258-140-79 PARCEL 1: STORM DRAIN EASEMENT THE NORTHERLY 11.31 FEET OF LOT 1 OF PARCEL MAP NO. 18618, IN THE CITY OF ENCINITAS, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS FILE NO. 2000-0716219 ON DECEMBER 29, 2000. EXHIBIT B PARCEL 1 SCALE: 1"=30' TPM: 00-068 A= 03'14'35" R = 200.00' A= 12'4-4'33" L=11.32' R=200.O0' L=44.48' 2.78' N 1'51'25" E A= 09'40'48" R=200.O0' L=33.79' PARCEL MAP 18618 01'46'32" E 91.50' / -- 91.50' ~ N 1'46'32" E -------"---'---'-"-- ~ CAMINO DE ORCHIDIA SUBORDINATION AGREEMEN~ Whereas, those parties concerned, desire to have the Deed of Trust recorded ~u~ ,~,~as File/Page No. ~-~qo~3~ subordinated to the Drainage Easement ("DOCUMENT" hereinafter) described above as Required as a Condition of Approval of ; Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. DATED BENEFICIARY OR TRUSTEE By: ~ Title: ~5~~Q%;~ 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 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly_authorize~ off~o~. Date 7-~ ~0 f By ~la~ ~. ar~iB~fd Director of Engineering Servioes City of Encinitas TF/03/MS7-872wp5 3(01-03-95-7) CALIFORNIA ALL.PURPO~rE ACKNOWLEDGMENT State ofO!, ?~r~ C! Countyof personally appeared ~'~")~f'~l~, [~), J-'~'~,~z'~ii ' ' ~'personally known to me - OR - [] proved to me on the basis of~atisfactory evidence to be the person(s) whose name(s ]~are subscribe~o the within instrument and ack~;~ledged to me that h~he/they executed the ~.' '~' ~,~ ~{'E:r' '1~.' ~1~.~(~' '~ s~e in i~.j,sX~er/their authorized capacity(ies), and that by .'ff. ~ Comm. # 1276~68 ~ {0.j.~J, her/their signature(s) on the instrument the person(s), ~ '~'~,~ NOTI~¥rUt~LIC-CALIF0~IA ~l or the entity upon behalf of which the person(s) acted, ~ ~..,,~,/ San ~ie~g Co,g~y ' executed the instrument· '~ ~-~ MyC0mm. Expires Sep ti,2004 ''~ ~SS myha ........................ ' ....... ~ nd and official seal· Signature of Notary 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: ..~¢lD_~.C~t~-~_r'-/,._~,l'(~i/~. ~/'°.?C~o~C~' Document Date: ~'2fo ~ I~t'2~ ~ Number of Pagas: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: .]~ .,"'"'~'~'~._.~l~ .[~_. ?f~.F~.~%C~. !Signer's Name: ~ Individual [] Individual ~ Corporate Officer L~ Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner-- [] Limited [] General [] Attorney-in-Fact ~J Attorney-in-Fact [] Trustee [3 Trustee [] Guardian or Conservator [] Guardian or Conservator [] Other: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: ©1995NationalNoaryAssoca on.8236Remme Ave,PO Box7184 CanogaPark, CA 91309-7184 Prod No. 5907 Reorder:CalJTolI-Freel-800-876-6827 SUBORDINATION AGREEMENTO Whereas, those parties concerned, desire to have the Deed of Trust recorded ~l~Dootas File/Page No. ~oo{-O9o~ subordinated to the Drainage Easement ("DOCUMENT" hereinafter) described above as Required as a Condition of Approval of ; Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned BENEFICIARY or TRUSTEE hereby waives the priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. DATED BENEFICIARY OR TRUSTEE By: ~ Title: ~~/o~ 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 that the City of Encinitas consents to the making of the foregoing Subordination Agreement, and consents to recordation thereof by its duly a~orized~ff~er. ~ ~/ ~ Date Director of Engineering Services City of Encinitas TF/03/MS7-872wp5 3(01-03-95-7) CALIFORNIA ALL-PURPO~ ACKNOWLEDGMENT County of %~-~ personally appeared ~') _~'~.~'~ J~'~- ~ I'--~/'~ I [~gersonally known to me - OR - ~ proved to me on the basis of satisfaotory evidence to be the person(s) whose name(sj~re subscribe/.~o the within instrument and aokn_owled~ed to me that/he, he/they executed the /,.?~e ir~is/-~er/their authorizec~-~pacity(ies), and that by ~' ~l~r' '1~.' "'" th= -~ WILKE' ,J~ mk..~mer/th'~Tr signature(s) on the instrument the person(s), ~,~ C0mm.#1276568 ~ or the entity upon behalf of which the person(s) acted, gl ~?~.,,~.~JJ,~] N 0 TA R¥ PI~I] LIC- CA LIF0 R NIA ~J executed the instrument. 4 '"~*~ ~Y Corem, Expire; Sep.? 1, 2004 OPTIONAL Though the information be/ow is not required by/aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reat~achmen! of this form to another document. Description of Attached Document. Document Date: ~'D~.~ - [ ~C~[ ~umber of ~ages: ~t~t-'x~° Signer(s) Other Than ~amed Above: Capacitlt(ies) Claimed blt $i~ner{s) [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General ~ Partner -- [] Limited ~ General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator [] Guardian or Conservator [] Other: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1995 National Notary Association · 8236 Remmet Ave, PO. Box 7184 · Canoga Park, CA 91309-7184 Prod NO 5907 Reorder: Call Toll-Free 1-800-876-6827