1988-531748~EN ~ED~ PL~E ~IL
City of Enoini~as
527 Encinitas Blvd.
Encinitas, CA 92024
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY
SUBORDINATION AGREEMENT (TRUST DEED)
Assessor's Parcel Project : TM4606-1
No. 262-061-73 W.O. No. :
Parcel No. :
Log No. :
WHEREAS, that certain Deed of Trust between ENCINITAS UNION SCHOOL DISTRICT
, collectively called BENEFICIARY
and MANCHESTER ESTATES, A GENERAL PARTNERSHIP
, collectively called TRUST~R
and TRANSAMERICA TITLE INSURANCE COMPANY , called TRUSTEE
and recorded September 22t 1982 , as File/Page No. 82-293474
in the Office of the Recorder in the County of San Diego, State of California; and
WHEREAS, said BENEFICIARY is the owner and holder of the note and other evidence of
indebtedness for which said Deed of Trust was given for security; and
WHEREAS, TRUSTOR
Will execute and deliver or has/have executed and delivered to the
CITY OF ENCINITAS
County of San Diego, State of California, that certain DOCUMENT(S) for an
EASEMENT FOR DRAINAGE PURPOSES
which DOCUMENT(S) is set forth hereinafter as follows:
1008
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
approved by the Grantee, its successors and assigns, any portion of an underground sewer
pipe provided such enclosure is constructed or installed by a licensed contractor in
accordance with plans and specifications approved by an 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 performance bond 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.
Executed this ~/~ day of ~/~ , 19~
MANCHESTER ESTATESI A CALIFORNIA
GENERAL PARTNERSHIP
TEK CORP., A CALIFORNIA CORPORATION~
A GENERAL ]?AR'[NER
THOMAS E. KERN, PRESIDENT
CAT. NO. NN00737
TO 1945 CA (8--84)
(Corporation) m TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF
San D~ea9 ? ss.
On , Au,qust 3, 1988 before me, the undersigned, a Notary Public in and for
saidState, personally appeared Thomas E. Kern
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, ~15(×× x xx x xx×xxxxxxxxxxxxxxxxxxx
xxxxx~tx~xxxxxx~xRo~O~tlXXlCOOCl~RX~iXai~tyd~ - ~ . .......
I4keXll~A:)~ W~ fLke'XtK ~g(k xl;~ ;,giI~l~,~ j~ ~.;~ ~.~ R~( t~.9( ;~a~:
-v,,v-.~-'(Y..'i.v-.~.v..'C'C'~.~.Y.v..'g. XX~,~XgCKr,~xof the Corporation
that executed the within instrument and acknowledged
to me that such corporation executedothe within instru-
rnent pursuant to~ts by-laws or a[reX~olution of its
boardofdir~ctors.} ~ [ \ . ~
WIT~nd °f~ seal' I /_~.__ ]~'x. ~k_4
Sign~-~,.~t.. ~.¢,,~.~. I [ ?'~--J~.-' (This area for official notarial seal)
1009
WHEN RECORDED, PLEASE MAIL
THIS INSTRUMENT ~0:
NO TRANSFER TAX DGE I SPACE ABOVE FOR RECORDER"S USE ONLY
EASEMENT
DRAINAGE
Project TM4606tl
Assessor's Parcel W.O. No.
No. 262-061-73 Parcel No.
TOg NO.
MANCHESTER ESTATES~ A GENERAL PARTNERSHIP
hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto
THE CITY OF ENCINITAS
herein designated Grantee, its successors and assigns, a perpetual eae~E,~t and righ~-
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 water in, over, upon or through said
channel, to~ether with the perpetual right to remove buildings, structures, trees,
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
easement and right-of-way unto itself and unto its successors and assigns forever
to~ether with the right to convey said easement, or any portion of said eese~ent, to any
public agencies.
The real property referred to hereinabove and made subject to said easement and right-
of-way by this grant is situated'in the County of San Diego, State of California, and is
particularly described as follows.
SEE ATTACHED EXHIBIT "A"
EXHIBIT "A"
LEGAL DESCRIPTION - DRAINAGE EASEMENT
That portion of the East half of the Southeast Quarter of the Southwest
Quarter of Section 24, Township 13 South, Range 4 West, San Bernardino
Meridian, in the County of Ban Diego, State of California, said portion of
the East half described in a deed to Manchester Estates, a general
partnership, recorded in the Office of said County Recorder, January 9,
1979, as File/Page No. 79-009330 of official records, lying within a 20.00
wide easement, the Sidelines of said easement lying 10.00 feet on each side
of the following described Centerline:
Beginning at the Northeast corner of the East Half of the Southeast Quarter
of the Southwest Quarter of said Section 24, as shown on County of San Diego
Tract No. 4254, Map No. 11055, filed with the Recorder of said County,
October 9, 1984; thence Southerly along the East line of said East half,
South 00"13'03" West 274.54 feet to the Centerline of County Road Survey No.
426, filed in the Office of the County Surveyor of San Diego County, State
of California; thence Southwesterly along said Centerline South 57"56'04"
West 54.28 feet; thence perpendicular to said Centerline South 32"03'56"
East 20.00 feet to the TRUE POINT OF BEGINNING; thence South 32" 03'56" East
30.00 feet to a POINT OF TERMINUS.
WHEREAS, those parties concerned, desire to have said deed of Trust subordinated to said
DOCUMENT;
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged,
the undersigned BENEFICIARY 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.
, 19 .
Dated the ~ day
~ NCINIrAS SCHOWL DzsrR CT
STATE OF CALIFORNIA }ss.
COUNTY OF San Diego I
On _ __~Uffllst 8. 1988 before me, the undersigned, a Nota~7 Public in and for
saidState, personallyappearec[ Donald E. LindstI'oR1 and
Superintendent ~J~{k~k~q~x X X X X X X X X XX X X X X{~.~c7~9(~/9 ~ be h al f of
Encinitas Union School District
by-laws or a resolution of its board of directors. ~ ~;;]:~L~X~, ELIZABETH J. SPEER
WITiqESS my hand and official seal.
NO ~mNSF~ TAX DUS SF~E A~OW mR RECORD~'S USS ON~. ~O1~_~
SUBORDINATION AGREEMENT (TRUST DEED)
Assessor's Parcel Project : TM4606-1
No. 262-061-73 W.O. No. :
Parcel No. :
Log No. :
WHEREAS, that certain Deed of Trust between SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
, collectively called BENEFICIARY
and MANCHESTER ESTATES, A GENERAL PARTNERSHIP
, collectively called TRUSTOR
and TRANSAMERICA TITLE INSURANCE COMPANY , called TRUSTEE
and recorded April 15, 1981 , as File/Page No. 81-115062
in the Office of the Recorder in the County of San Diego, State of California; and
WHEREAS, said BENEFICIARY is the owner and holder of the note and other evidence of
indebtedness for which said Deed of Trust was given for security; and
WHEREAS, TRUSTOR
Will execute and deliver or has/have executed and delivered to the
CITY OF ENCINITAS
County of San Diego, State of California, that certain DOCUMENT(S) for an
EASEMENT FOR DRAINAGE PURPOSES
which DOCUMENT(S) is set forth hereinafter as follows:
1002
WHEN RECOI~DED, PLEASE MAIL
THIS INSTRUMENT TO:
NO TRANSFER TAX D~E SPACE ABOVE ~OR RECO~DER'S USE ONLY
EASEMENT
DRAINAGE
Project TM4606~1
Assessor's Parcel W.O. No.
No. 262-061-73 Parcel No.
Log No.
MANCHEsTeR ESTATESI A GENERAL PARTNERSHIP
hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto
THE CITY OF ENCINITAS
herein designated Grantee, its successors and assigns, a perpetual easement and rtgh'l"-
of-way upon, through, under, over and acrOsS the hereinafter described real property for
the installation, construction, maintenance, repair, replacement, reconstruction and
inspectio~ of an enclosed or unenclosed flood DRAINAGE channel and all structures
incidental thereto, and for the flowage of any water in, over, upon or through said
channel, together with the perpetual right to remeve b~ildings, structures, trees,
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
easement and 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 any
ptlblic agencies.
The real property referred to hereinabove and made subject to said easement and right-
of-way by this grant is situated'in the County of San Diego, State of California, and is
particularly described as follows.
SEE ATTACHED EXHIBIT "A"
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 operation,
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
approved 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 an 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 performance bond 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.
MANCHESTER ESTATES, A CALIFORNIA
GENERAL PARTNERSHIP,
TEK CORP., A CALIFORNIA CORPORATION,
A GENERAL PARTNER
THOMAS E. KERN~ PRESIDENT
CAT. NO. NN00797
TO 1945 CA (8--84)
(Corporation) J TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTYOF San Diego } ss.
On Auoust 3, 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared -n~,~ ........ ', ~ern
personally known to me or proved to rne on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, a~IXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
~~Y-~/( of thc Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by¢laws or ~l~olution of its
board ofdi~ctors. ~/~ ,, ~ \ .
U (This area for official notarial se-I)
EXHIBIT "A"
LEGAL DES(~{IPTION - DRAINAGE EASEMENT
That portion of the East half of the Southeast Quarter of the Southwest
Quarter of Section 24, Township 13 South, Range 4 West, San Bernardino
Meridian, in the County of San Diego, State of California, said portion of
the East half described in a deed to Manchester Estates, a general
partnership, recorded in the Office of said County Recorder, January 9,
1979, as File/Page No. 79-009330 of official records, lying within a 20.00
wide easement, the Sidelines of said easement lying 10.00 feet on each side
of the following described Centerline:
Beginning at the Northeast corner of the East Half of the Southeast Quarter
of the Southwest Quarter of said Section 24, as shown on County of San Diego
Tract No. 4254, Map No. 11055, filed with the Recorder of said County,
October 9, 1984; thence Southerly along the East line of said East half,
South 00"13'03" West 274.54 feet to the Centerline of County Road Survey No.
426, filed in the Office of the County Surveyor of San Diego County, State
of California; thence Southwesterly along said Centerline South 57"56'04"
West 54.28 feet; thence perpendicular to said Centerline South 32"03'56"
East 20.00 feet to the TRUE POINT OF BEGINNING; thence South 32" 03'56" East
30.00 feet to a POINT OF '£~MINUS.
1005
'WHEREAS, those parties concerned, desire to have said deed of Trust subordinated to said
DOCUMENT;
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged,
the undersigned BENEFICIARY 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 the C~''~/~ day of ~/~ , 19 ~"~.
SA~ ~E~U~O ~N~O~-Z~ ~00~ ~ST~C~
.San..
D~eSu~to
Union High School Distdct
Certificate of Acknowledgement, Public Agency
California Civil Code, Section 11911
State of California, County of San Diego
On this ~ day of b~~-~ , in the year 1988' before me,
the undersigned, a notary public in and for said State, personally appeared
ERIC J. HALL, known to me to De the DIRECTOR, ADMINISTRATIVE SERVICES, of
the SAN DIEGUITO UNION HIGH SCHOOL DISTRICT, and known to me to be the
person who executed the within instrument on behalf of said public agency,
and acknowledged to be that such SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
executed the same.
Witness my hand and official seal.