1987-355258 3
543 E<tn~tas Blvd. ,
Suite 10g "':.
Enc~n~tas, CA 92024
~. GENERAL
I VEHA 1.. LYlEm
NO TRANSFER TAX DUE ] COUIilYi([CORDER
~ACE ABOVE FOR REC~R'S USE ON~
Easement
As~ssor's Parcel Project
No, _~5-~40-06 W, O. No.
Parcel No. 86-0~56-A
Log No. g02-0~
t EUCAOI__A B.O_b_'LEVARD LTD., a limited partnership
hereinafter designated Grantor(~ do(es) hereby grant, bargain, convey and release unto.
....... C[_T.v 0F FN~TNTTAC; herein designated Grantee, its successors
~r~,~ assigns, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described
res~ property' for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of
ar, enclosed or unenclosed flood DRAINAGE channel and all structures incidental thereto, and for the flowage of any
w.~ters in, over, upon or through said channel, together with the perpetual right to remove buildings, structures, trees,
bushes, undergrowth, and any other obstruction interferin9 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
signs 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 County of San Diego, State of California, and is particularly described as follows:
Parcel No. 86-0556-A (12-16-86) (ENG?IDT:po)
That portion of Lot 1 of RANCHO LAS ENCINITA~ in the City of Encinitas, County of
San Diego, State of California, according to ;tap thereof No. 848, filed in the
Office of the County Recorder of said County, described as follows:
BEGINNING at the Northwesterly corner of Lot 12 of said Map No. 848, being a point
on the Easterly line of said Lot 1; thence Southerly along said Easterly line,
South 02o22'32'' East, 51.78 feet to the beginning of a non-tangent 3056.00 foot
radius curve, concave Northerly, a radial line to said point bears
South 01°57'18'' West; thence leaving said Easterly line, Westerly along the arc of
said curve through a central angle of 00039'22'', a distance of 35.00 feet; thence
non-tangent to said curve, North 02022'32'' West, 48.87 feet; thence
North 87°30'15'' East, 34.88 feet to the TRUE POINT OF BEGINNING.
CCSF, 85.31,5/77
· Thb ~r~ntee 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 respom
sible 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 tile Grantee, its successors
aris 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 con
ditions 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 ebove described land of tile
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 7 day of ~/~'/)~.,/~// . 19~;~
LEUCADIJ~ B(~ULEVAR~ LTD.,~ limited partnership
llJ '"'
STATE
On C/[/Z~,~.- ~ ~ , . 19~fore me, the undersigned, a Notary Public in and for said County
and State, ~er~nally appeared /~z ~ . (
~nown to me to be the person / who~ name
subscribed
to
the
within
instrument, and acknowledged that ~ ~
executed the
Witness my hand and official ~al.
~ ~ NOTA~ PUBLIC - CALIFORNIa;
~ %~/
~otarg "ubl~ and ~or se~ountg and State
7his is to certifg that the ~nterest in real proportg convoged b~ the fore~oin~ deed or ~rant to the.
CITY flF FN~TNITAS
This is to certily that th~ interest iD~ea] prgper~ conveyed by the ~oregoing deed or
a ~litical cor~ratJon and/~ve~mentaJ aaency~ is hereby accepted on ~haJf
the Board of Directors of saJ~JstrJcL pursuant to authority conferred by ResoJutJon
oJ said Board adopted on March 20~ J979~ and the District consents to recordation
~hereof ~ - :-- "-' ...... ~--:--'
Date
~ ~ Ma~t Dt~
¢,'WHEN RECORDED, PLEAI J 13G 3 ? 3 5 5 2 § 9
THIS'INSTRUMENT TO:
CITY OF ENCINITAS
543 Encinitas Blvd.
Suite 109
Encinitas, CA 92024 )~l JUly! 25 AM 8: 2G
RECORDED REOUEST 01:',
Recorded Request of DEP1. GENERAL SE~ICE CDUNi Y
Dept. General Services
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT
TO AND OF LOWER PRIORITY THAN THE LIEN
OF SOME OTHER OR LATER INSTRUMENT
Assessor's Parcel Project : TM4579-1
W. O. No. : TE2941
No. 2G~-n4n-Q~ Parcel No. : 86-0556-~
Log No. : 202_06
WHEREAS, that certain Deed of Trust between
..... , collectively called BENEFICIARY
and I EUCADIA BOULEVARD. LTD.. a limited oartner~.hip
, collectively called TRUSTOR
TITLE INSURANCE AND TRUST COMPANY, a California corporation by
and sub~titutimn r~cnrded DPnmmher 7. 1Q77 at Fil~/Paom No. 77-50521% called TRUSTEE
and recorded November 5. 1976 , as File/Page No.
in
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
oun y o an legIoT, Fa eno Ia 1 omni~ ~ ~o~ ~,. ~
EASEMENT FOR DRAINAGE PURPOSES
which DOCUMENT(S) is set forth hereinafter as follows:
-1-
, .FF,~S.iNSTRUMENT TO:
· .. -, J" 137
'.~ITY 0F'ENCINITAS
543 Encinitas B]vd.
Suite 109
Encinitas, CA 92024
RECORDED REQUEST OF
DEP'F. GENERAL SERV~E$
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER~ USE ONLY
Easement
DRAINAGE
Assessor's Parcel Project TM4~;7q-1
No. 255-040-06 W.O. No. TF~q41
Parcel No. 86-0556-A
Log No.
L~UCAQI__A~BOULEVARD LTD., a limited partnership
hereinafter designated Grantor(~ do(es) hereby grant, bargain, convey and release unto.
CTTY F)F FNK. TNITAS 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 flowaga 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 as-
signs 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 County of San Diego, State of California, and is particularly described as follows:
/
Parcel No. 86-0556-A (12-16-86) (ENG:~DT:po)
That portion of Lot 1 of RANCHO LAS ENCINITAS, in the City of Encinitas, County of
San Diego, State of California, according to ~'~ap thereof No. 848, filed in the
Office of the County Recorder of said County, described as follows:
BEGINNING at the Northwesterly corner of Lot 12 of said Map No. 848, being a point
on the Easterly line of said Lot 1; thence Southerly along said Easterly line,
South 02022' 32" East, 51.78 feet to the beginning of a non-tangent 3056.00 foot
radius curve, concave Northerly, a radial line to said point bears
South 01°57'18'' West; thence leaving said Easterly line, Westerly along the arc of
said curve through a central angle of 00039'22", a distance of 35.00 feet; thence
non-tangent to said curve, North 02022'32'' West, 48.87 feet; thence
North 87°30'15" East, 34.88 feet to the TRUE POINT OF BEGINNING.
CCSF, 85.31.5/77
,T'he Grantee shall have the right to fence all or any porti id easement herein conveyed within which there is
in,relied or constructed an unenclosed flood drainage channel. The Grantee, its successors arid assigns, shall be respon-
sible for operating, maintaining, and keeping in good repair the above described works of improvement.
The Grantor, his successors and a~igns, reserves the right to enclose in a manner approved by the Grantee, its successors
ans 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 Grante~, its successors and assigns, may impose reasonable con
ditions 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 s~"n~mrsandassi~ls, 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 g~anted.
Executed this dayof //~ ~/~-~ ,19
LEUCAD!}~ BgULEVARD LTD.,~ limited partnership
{Acknowl ed~ent
STATE OF d~O'~/~,'~c~ ) SS
OOUNT ' oF r_ . }
On
saidUr'"St~te, ~Ersonally appeared
and proved to me on the basis of satisfactory evidence
to be F~ of the partnership that executed
the within instrument, and acknowledged to me that such partnership executed the same.
WITNESS my hand an~Q~ official seal. ~ ~
Signature ~'~ ~
Name [TypeU or Printed)
{This area for official notarial seal}
conferred by Resolution of said Board adopted on March 20, 1979, and the Grantee consents to the recordation
thereof by its duly authorized officer.
Dated ' /
WHEAEAS, those parties concerned, desire to have said De f Trust subordinated
to said DOCUHENT;
NOW, THEREFORE, for valuable consideration, the receipt of which, is hereby acknowl-
edged, the undersigned BENFFICIARY hereby waives the priority of said Deed of Trust
in favor of said DOCUIdENT to the same extent as if said DOCUI~NT had been executed
prior to said Deed of Trust.
Dated this i'~?~-~- day of JUNE , lg 87
NOBU K. ~A~A~ ~ A
STATE OF CALIFORNIA I
County Of ~an Diego SS.
On JUNK t/a , ]9 87 , before me, the undersigned, a Notary in and for
said County and S re, personally appeared NOBU K. TANAKA
known to me to be the person whose name is
subscribed to the within instrument, and acknowledged that she
executed the same.
Witness my hand and official seal.
Notary ~ublic in/and for said County and State
This is to certify that F~/
the~interest in rea) property conveyed by the foregoing
Subordination Agree~nt to
~-pOltttcal cor~6ratlon, and/or a pollt't~al S',';bdlvlslon, l's 'h~r'eby accepte~"on behalf
of its Board of Supervisors and/or its Board of Directors pursuant to authority
conferred by Resolution of satd Board(s) adopted on March ZO, 1979, and the Grantee(s)
consent(s) to recordation thereof by its duly &uthorlzed officer.
Dated,, JUN 2
FRANK C. DE~,djH3~, Deputy~or
Real Prop~ciy &'t~ilageme~t Divi$io~