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1998-596896City of Encinitas SBP 2[8, 1~c~.c~8 ~: 47 PM When Recorded, Mail To: O~FIOI~ EIQ]~ 8~ DIEGO OOUNTY RECORDER'B OFFICE City Clerk G~T~Y ~1. ~ITH, OOUNTY RECORk~ City of Enclnltas' FEE~: 0.00 505 South Vulcan Avenue 00: NA Encinitas. CA g2024 SPACE ABOVE FOR RE~N~DER'S I~E ONT,Y 1998-0696896 Assessor's Parcel Project: ll~ No. 264-171-62 & 63 W.O. No.: Keystone Olivenhain LLC, A California Limited Liability Company 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 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, 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 other 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 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/03/MS7-872wp5 1(01-03-95-7) Th~ Grantee shal~have the~right to f~e~nce ~ 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 quarantee 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 __~____ day of ~, 19~~ Grantor: Keystone Olivenhain LLC, A California Limited Liability Company [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. Director of Engineering Services TF/O3/MS7-872wp5 2(01-03-95-7) CALI]FORNIA ALL-PURPO~iACKNOWLEDGMENT ~0 County of _~f, · Name and Title of Officer (e.g, "Jane Doe, Notary Public"} personally appeared Name(s} of Signer(s)  personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(~ whose name0~"/)a~-e subscribed to the within instrumefnt and acknowl~ gcr~d to me tha~xecuted the same i~ authorized capacity0e~), and that by ~oj~~ ~ signature~ on the instrument the person{~, ~ or the entity upon behalf of which the person(s) acted, · -u~C_ n ~C,A,~F,~.~R,IA ~ executed the instrument. E ~ sM '"'~""~"'~'~' ' ~ ........ WITNESS my hand and official seal. Signature of Notary Pub~ OPTIONAL Though the information below is not required by/aw, 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: [] 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: Teb of thumb here [] Other: To~ of thumb here Signer Is Representing: Signer Is Representing: © 1994 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 SUBORDINATION AGREEMENT W~EREAS, those parties concerned desire to have the Deed of TrUst recorded ~o{~lq~ as File/Page No ~qg~-o~qUg~% subordinated to Grant of Ea~e~e~[ for Recreational Trails required as condition of approval of ~]^ (,,DOCUMENT" hereinafter); Now, 'therefore, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned ~ 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. BDI .......... TRU ,TEE DATED By: BENEFI.C~ARY/OR TRUSTEE 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 authorized officer. Alan D. Archibald Director of Engineering Services COV4264a ALL-PURPOSE ACKNOWLEI~ENT State of Call,mia ~nally ~own to me OR , ~ ' ' to be ~e w~ff~J?~q ~thin instrument and at.owned to me that ~h~ execut~ the ~m~ ~ a~or~ ~paci~(i~d that by ~heir~ signatu~ on the inst~ment the pe~on(s), or enti~ u~n ~ha~ ~ ~ $1 ]2~ ~ which the ~=on(s) acted, ex~uted the inst~ment ~ ~f ~ ~ ~ [ ~ my hand and offichl s~L ~am~ of Nom~ // OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'VTACHED DOCUMENT Individual __ Corporate Officers Title(s) Title or Type of Document d ,~ ff{.L/'~a -- Pnrtner(s) -- Limited General Number of Pages Date of Document __ Attorney-in-Fnct __ Trustee(s) -- Guardian/Conservator Other: SIGNER IS REPRESENTING: Name of person(s) or Entity(ies) Signer(s) other than named above. EXHIBIT "A" DRAINAGE EASEMENT PARCEL 1 THAT PORTION OF LOT 1 OF TI-~ CITY OF ENCINITAS TI~ACT NO. 88-245, ACCORDING TO MAP TI-~EREOF NO. 12684, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 15, 1990, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PA-R. TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH- EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, SOUTH 69°34'29" EAST 38.12 FEET; TO A POINT ON THJE EASTERLY LINE OF THE OPEN SPACE EASEMENT FOR RECREATIONAL TRAIL AS DEDICATED ON SAID MAP NO. 12684, SAID POINT BEING ON A NON-TANGENT 50.52 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID POINT BEING THE TRUE PO/NT OF BEGINNING, A LINE RADIAL TO SAID POINT BEARS SOUTH 82007' 11" WEST; THENCE LEAVING SAID EASEMENT LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76°14'52'' A DISTANCE OF 67.23 FEET TO THE POINT OF BEGINNING OF A 225.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHERLY, A LINE RADIAL TO SAID POINT BEARS NORTH 05°52'19" EAST; THENCE EASTERLY ALONG ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°33'12'' A DISTANCE OF 57.15 FEET; THJENCE TANGENT TO SAID CURVE, SOUTH 69°34'29" EAST 48.78 FEET TO THE BEGINNING OF A TANGENT 75.00 FOOT RADIUS CUP,.VE CONCAVE NORTH- EASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°50'15'' A DISTANCE OF 23.35 FEET TO A POINT ON THE NORTH- WESTERLY LINE OF LOT 13 ( NOP.,.THWESTEKLY RIGHT-OF-WAY OF STRATFORD KNOLLS) OF SAID MAP NO. 12684, SAID POINT HEREIN DESIGNATED AS POINT "A"; THENCE LEAVING SAID LINE, SOUTH 28°06'307,' WEST 30.00 FEET TO THE BEGINNING OF A TANGENT 220.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1 l°51 '50" A DISTANCE OF 45.55 FEET TO THE POINT OF BEGINNING OF A 20.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHWESTERLY, A LINE RADIAL TO SAID POINT BEAKS SOUTH 73°45'13'' EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THP, OUGH A CENTRAL ANGLE OF 23°34'41'' A DISTANCE OF 8.23 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE OPEN SPACE EASEMJENT FOR RECREATIONAL TRAIL DEDICATED PER SAID MAP NO. 12684; THENCE ALONG SAID NORTHEASTERLY LINE, NORTH 73°45'13'' WEST 168.79 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID EASEMENT; THJENCE NORTHEASTERLY ALONG SAID LINE, NORTH 14°53'18" EAST 110.21 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND HAS AN AREA OF 0.338 ACRE, MORE OR LESS. EXHIBIT "A" -2- DRAINAGE EASEMENT PARCEL 2 THAT PORTION OF LOT 12 OF THE CITY OF ENCINITAS TRACT NO. 88-245, ACCORDING TO MAP THEREOF NO. 12684, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 15, 1990, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT HEREIN DESCRIBED POINT "A" IN PARCEL 1; THENCE SOUTH 61053'23" EAST 40.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 13 (SOUTH EASTERLY RIGHT-OF-WAY LINE OF STRATFORD KNOLLS) OF SAID MAP NO. 12684, SAID POINT BEING ON THE ARC OF A NON-TANGENT 56.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID POINT BEING THE TRUE POINT OF BEGINNING, A LINE RADIAL TO SAID POINT BEARS SOUTH 23°43'07"WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°31 '28' A DISTANCE OF 27.88 FEET TO THE POINT OF BEGINNING OF A REVERSE 56.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A LiNE RADIAL TO SAID POINT BEARS NORTH 04°48'21" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°25'46" A DISTANCE OF 23.88 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 70°22'35" EAST 75.02 FEET TO THE BEGINNING OF A TANGENT 56.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°06'21" A DISTANCE OF 83.18 FEET; THENCE NON-TANGENT TO SAID CURVE, SOUTH 38016'57" EAST 20.94 FEET; THENCE SOUTH 15o15'33" WEST 22.28 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF LONE JACK ROAD AS DEDICATED PER MAP 326; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 73o45, 13" WEST 32.33 FEET; THENCE LEAVING SAID RIGHT-OF-WAY OF LONE JACK ROAD, NORTH 38°16'57" WEST 20.68 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE OPEN SPACE EASEMENT FOR RECREATIONAL TRAIL AS DEDICATED ON SAID MAP NO. 12684; THENCE ALONG SAID LINE, NORTH 73°45'13" WEST 154.99 FEET TO A POINT ON THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A LINE RADIAL TO SAID POINT BEARS SOUTH 82o40'06" WEST; THENCE NORTIllEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°34'41" A DISTANCE OF 8.23 FEET TO THE POINT OF BEGINNING OF A COMPOUND 180.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A LiNE RADIAL TO SAID POINT BEARS NORTH 73°45'13" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°51 '50" A DISTANCE OF 37.27 FEET; THENCE TANGENT TO SAID CURVE, NORTH 28°06'37" EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND HAS AN AREA OF 0.334 ACRE, MORE OR LESS. EXHIBIT "A" -3- DRAINAGE EASEMENT PARCEL 3 THAT PORTION OF LOT 13 OF THE CITY OF ENC1NITAS TRACT NO. 88-245, ACCORDING TO MAP THEREOF NO. 12684, FILED IN THE OFFICE OF TItE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 15, 1990, IN COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT HEREIN DESCRIBED POINT "A' IN PARCEL 1; THENCE SOUTH 61°53'23" EAST 40.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF said LOT 13 (SOUTH EASTERLY RIGHT-OF-WAY LINE OF STRATFORD KNOLLS) OF SAID MAP NO. 12684; THENCE ALONG SAID LINE, SOUTH 28°06'37" WEST 30.00 FEET TO THE BEGINNING OF A TANGENT 180.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °51 '50" A DISTANCE OF 37.27 FEET TO THE POINT OF BEGINNING OF A COMPOUND 20.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A LINE RADIAL TO SAID POINT BEARS NORTH 73°45'13" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°34'41" A DISTANCE OF 8.23 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE OPEN SPACE EASEMENT FOR RECREATIONAL TRAIL AS DEDICATED ON SAID MAP NO. 12684; THENCE ALONG SAID LINE, NORTH 73°45'13" WEST 43.34 FEET TO A POINT ON THE ARC OF A 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A LINE RADIAL TO SAID POINT BEARS SOUTH 50°50, 10'32" EAST; TI-~NCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°34'41" A DISTANCE OF 8.23 FET TO THE POINT OF BEGINNING OF A 220.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHEASTERLY, A LiNE RADIAL TO SAID POINT BEARS NORTH 73°45'13" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID POINT THROUGH A CENTRAL ANGLE OF 11°51'50" A DISTANCE OF 45.55 FEET; THENCE TANGENT TO SAID CURVE NORTH 28°06'37" EAST 30.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND HAS AN AREA OF 0.073 ACRE, MORE OR LESS. · 66 EXHIBIT "_~' P.O.B.-PAR.1 DRAINAGE ESMT. PER N.W. COR. OF MAP NO. 12684, DIL&IN_&C,E EASEMENT -IN LOTS 1, 12, AND LOT 1. 13, PER CITY OF ENCINITAS TRACT NO. 88-245, NO. 12684 ACCORDING TO MAP THEREOF NO. 12684. N14'53'lS"E _ 110.22' 0 r'~ ,._ ORPHIC SCAI,E~ f'= 40' < < PARCEL ~ ~ m m Y25'31 "E <00 ~ ~ ~ i0'15: N20'25'31 ~ z~ m~o I .LS 9~TA Th~LE N23'4YO~E[R~ BEARING/~ELTA RADIUS ~=28'31'2 R=56.00' N38'16'57'~ - 20,94' 2 ~=24'25'46" N15*lE'33'E - 22,28' . R=56.00' N73~45'13'~ - 32,33' L=23.88' N38q~'57'~ - 19'37'25" NG2*40'O6'E(R) - - N73'45'13'W(E> - - ~ PARCEL R H'5~'50' teo,oo' 3727' H*SVSO" ~0,00' 45,55' NSOqO'3~"~{R~ - - z ~3'34'4V ~0,00' S,~3' ~19'37'25" LEGEND ~ DRAINAGE EASEMENT GRANTED HEREON (PIRES (PARCELS 1, 2, & 3) 6-30-02 .~.:~ PREPARED BY: CRAIG, BULTHUIS & STELMAR CIV1L ENGINEERS -- LAND SURVEYORS - LAND PLANNERS 2611 ADAMS AVE.. SAN DIEGO. CA. 92116 (619) 297-5974 ~A~ JULY 2' 199~ WlOi~,,-o2, SHEET 1 OF 1 C,\JBBS\97-OP9\DRNPLAT,DWG (8-05-98)