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1996-106109 re e.t by: lPPd-OiOdl05} ) 04-['hcIR-~ 1996 1~:18 PP1 City of Encinitas ) ) OFFICIAL RECORDS When Reoorded, Mail T6: ) S~N DIEGO COUNTY RECORDER'S OFFICE ) GREGORY SMITH, COUNTY RECORDER. City Clerk ) FEES: 0.00 city of Encinitas ) 505 South Vulcan Avenue ) NA Encinitas. CA 92024 ) SPACE ABOVE FOR RECORDER'S USE ONLY DRAINAGE Assessor's Parcel Project: TM 87-041 No. 264-240-30 W.O. No.: 8552-R Christopher S, LloYd, a married man; Christopher S. Lloyd, as Executor of the Estate of Margarita Z,. Lloyd; and Gregory Cleary, a married man 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/O3/MS7-872wp5 1(01-03-95-7) The ~rantee shall ye the right to fen6e 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. regory Cleary/ a married ~n Z. Lloyd [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. Alan D. Archibald Director'of Engineering Services TF/03/MS7-S72wp5 2(01-03-95-7) 362 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of persona,ly appeared ~' ~a ~ ~ personally known to me - OR ~proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(~re subscribed to the within instrument and acknowle~ to me th~he/they executed the s~ in ~r/their authorize~apaci~(ies), and that by ~ ~- ~; ~... ~is~r/the,r signature(s)on the instrument the person(s), ~ ~the entity upon behalf of which the person(s) acted, ' ~ executed the instrument. · ~ ~C~ ~ WITNESS my hand and official seal. OPTIONAL Though the info~ation be/ow is not required by la~ it may ~rove valuable to perone relying on the d~ument and ~uld prevent fraudulent removal and rea~achment of this fo~ to another d~ument. Description of A~ached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ica) Claimed by Signer(s) Signer's Name: Signer's Name: G ndividual ~ Individual orporate Officer ~ Co.orate Officer Title(s): Title(s): ~ Pa~ner-- ~ Limited ~ General ~ Pa~ner-- ~ Limited ~ General ~ AEomey-in-Fact ~ A~orney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 363 STATE OF CALIFORNIA County of San Diego On July 21, 1995, before me, Alana Sfeln , personally appeared ~.~_~r~ Ct~-~ , personally known to me (or proved to me on the basis'of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person., or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. J ~ AkANA STE~N --/,.Y __.t~%/ COMM. #1000120 ~ ~ U~"~J~?'~iIi~ NOT A R Y PUB LIC-CAL IFO H NIA ,~'~,¥~"~c~'~'.~?1 .SAWN DIEGO COUNTY %J \~.~/ ~,ly uommission Expires Notary' s Signature --~~ ~. ,.~m/. AUGUST 15, 1997 364 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded December 17, 1992 as File/Page No. 1992-0810226 O.R. and re-recorded April 28, 1993 as File/Page No. 1993-0261337 O.R. subordinated to the Drainage Easement ("DOCUMENT' hereinafter) described above as Required as a Condition of Approval of TM 87-041; 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 ~ad been executed prior to said Deed of Trust. ~/~ DATED- / / Tit~~ DATED BENEFICIARY OR TRUSTEE By: Title: [Signature of BENEFICIARY OR TRUSTEE must be notarized. Attach the appropriate acknowledgment.] 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. I '1 Alan D. Ar6hibald Director of Engineering Services City of Encinitas 77~01\03 (Commonwealth CA) h:~o~pmc~ubo~ag.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~ 5 No 5907 personally appeared /-~.~.,f/.~a~)~~0 , NAME(S) OF SIGNER(S) ~ personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(~ whose name~ is/~ subscribed to the within instrument and ac- knowledged to me that he/~ executed the same in his~r/~ authorized ~,< "~;E;; ;~:~;;-', capacity~), and that by his/~/t~ ~ ~;~;~:~ :OMM :; ~0]~7~ z signature~ on the instrument the person, -~ ,' · " ; ........ ~ ~ the entity upon behalf of which~the ~ ' ~' M~Comm. E~ir~Ff~,l~8 i person~ acted, executed the instrument. WITNESS my hand and official seal., OPTIONAL Though the data below is not required by law, ~t may prove valuable to persons re~ying on the document and could prevent fraudulent reaEachment of this form. CAPACITY C~IMED BY SIGNER DESCRIPTION 0F A~ACHED DOCUMENT ~ INDIVIDUAL TITLE OR TYPE OF~MENT ~ PARTNER(S) ~ LIMITED ~ GENERAL ~ A~ORNEY-IN-FACT NUMBER OF PAGES ~ TRUSTEE(S) ~ GUAROIA~CONSERVATOR ~ 9AT5 OF dOCUMENT SIGNER IS REPRESE~ING: NAME OF PERSON(S) OR ENTI~(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O, Box 7184 · Canoga Park, CA 91309-7184 366 SUBORD~NAT~0N A~R~EM~NT Whereas, those parties concerned, desire to have the Deed of Trust recorded Auqust 30, 1990 as File/Page No. 90-474480 O.R. subordinated to the Drainage Easement ("DOCUMENT' hereinafter) described above as Required as a Condition of Approval of TM 87-041; 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 BENEFICIAR~ OR TRUSTEE x By: Title: By: Title: [Signature of BENEFICIARY OR TRUSTEE must be notarized. Attach the appropriate acknowledgment.] I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on Novenfoer 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. Date: ~/~ ~ By: ~ ~ ~~~ ' / Alan D. Archibald Director of Engineering Services City of Encinitas ~9~01~$ ~nsameflca) h:\wo~p~ubo~ag.doc · 367 Certificate Of Acknowledgment State of California ) County of Sarl D~[e~o ) On July 31, 1995 Rose Poellot before me, , a Notary Public for the State of California, personally appeared *David Handier and Cta'ire E Handier* personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that/ll~,, e/they executed the same in his/her/their authorized capacity(ies), and hat by his/her/their signature(s) on the instrument the person(s), or the entity~./.l}.~oehalf of whi~ the person(s) acted, executed the instrument. WITNESS my hah official seal. Signamr (Seal) FORM 00211 (Rev. 6/94) " SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded April 28, 1993 as File/Page No. 1993-0261335 O.R. and the Deed of Trust recorded April 28, 1993 as File/Page No. 1993-0261336 O.R subordinated to the Drainage Easement ("DOCUMENT' hereinafter) described above as Required as a Condition of Approval of TM 87-041; 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. B-: Title: [Signature of BENEFICIARY OR TRUSTEE must be notarized. Attach the appropriate acknowledgment.] 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. Date: ~/~/~ ~ By: ~ ~-.~~ I { Alan D. Archibald Director of Engineering Services City of Encinitas 779~1~3 (Commonwealth De La Va~) h:~o~proc~ubo~ag.doc 369 STATE OF CALIFORNIA, COUNTY OF ~ '~cl::"-~.~ ]' S.S. On ~/1'=/-~'~-6 , before me, ., a Notary Public in and for said County and State, personally appeared '-~oSE'PIA qJ)~. 'gA V~ ~ ~;t.~r~.~-A I~ personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person(~) whose name(~)is/~,)subscribed to the within instrument and acknowledged to me that he/she/t~ executed the same in his/her/t~]~ authorized capacity~s), and that by his/her~r signatur~ on the instrument the person~, or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official s~ Signature ~~~5 STATE OF CALIFORNIA, COUNTY OF ~ "~ .,~ S.S. On ~ 1~3- J~ ., before me, , a Notary Public in and for said County and State, personally appeared '-~-o~'FIA "~ ~ '~A,-fz~ ~ ~ personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the persor(~ whose nam~ is/a~l subscribed to the within instrument and acknowledged to me that he/she/l~ executed the same in his/her/t~'~ authorized capacity(~), and that by his/her/tl~ signature~ on the instrument the person(~), or the entity upon behalf of which the person(~P acted, executed the instrument. - WITNESS my hand and official seal. Signature TE 160 Legal (2-94) This form is furnished by Chicago Title Company 0 SUBORDINATION AGREF/~ENT Whereas, those parties concerned, desire to have the Deed of Trust recorded Auqust 30, 1990 as File/Page No. 90-474480 O.R. subordinated to the Drainage Easement ("DOCUMENT' hereinafter) described above as Required as a Condition of Approval of TM 87-041; 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. ~ BENEFICIARY OR TRUSTEE By: Title: DATED BENEFICIARY OR TRUSTEE By: Title: [Signature of BENEFICIARY OR TRUSTEE must be notarized. Attach the appropriate acknowledgment.] 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 City of Encinitas ~9~1\03 (TransameH~) h:\wo~pmc~u~ag.d~ ' 371 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT countyof On personally appeared ~/~ ~_ ~.~ , ~ersonally known to me - OR ~r=ved t: m~ on th~ b~ of ~sf~ be the person' whose name~ is/~ subscribed to the within instrument and acknowledge~ to me that ~she~ executed the same in~her/~ authorized capacity, and that by ~her/~ signature~ on the instrument the perso~ i ~ ' ~E~M~C~E~ --~ or the entity upon behalf of which the perso~ acted, executed the instrument. ~ ~/ ~ D~ CO~ ~ WITNESS my hand and official seal. OPTIONAL Though the information be/ow is not required by law, it may prove valuable to persons relying on the document and ~u/d ~revent fraudulent ~mova/ and rea~achment of this form to another d~ument. Description of A~ached Document ~tle 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 ~tle(s): Title(s): ~ Pa~ner-- ~ Limited ~ General ~ Pa~ner-- ~ Limited ~ General ~ A~orney-in-Fact ~ AEorney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 994 Natior~al Notary Association · 8236 Remmet Ave., RO. Box 7184 · Canoga Park, CA 91309-7184 Prod. NO, 5907 Reorder: Call Toll-Free 1-80C~876-6827 SU O AT ON AG EME T 3 ? Z Whereas, those parties concerned, desire to have the Deed of Trust recorded Auqust 30, 1990 as File/Page No. 90-474480 O.R. subordinated to the Drainage Easement ("DOCUMENT' hereinafter) described above as Required as a Condition of Approval of TM 87-041; 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 Title: ~r Tru,,t Officer ,~_/~ _ ~/~ DANIELSON TRUST DATED BEMEFICI ~AR~ ~R TRUSTEE Title: -7~/~~ [Signature of BENEFICIARY OR TRUSTEE must be notarized. Attach the appropriate acknowledgment. ] I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council adopted on Nove~er 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. Date: 7~ ~ ~ By: , ' Alan D. A~chibald Director of Engineering Services City of Encinitas · . 373 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of ,~(xll,~ On /-I/, q~ before me, personally appeared Name(s) of Signeds) ~ersonally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(s) whose name(s) i~are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaciW(ies), and that by = ~ ~ =~-'"'==~ :~'"~"'~:LANDAU'~ his/her/their signature(s) on the instrument the person(s), S COMM. ~ 1078714 ~~T~YL~ PU~UC · ~LIFO~NI~ ~ or the entity upon behalf of which the person(s) acted, ~ ~7 S~N ~[OO ~OUN~ ~ executed the instrument. WITNESS my hand ~d o~ial ~ OPTIONAL Though the information below is not required by law, it may prove valuable to pe~ons relying on the d~ument and could prevent fraudulent removal and rea~achment of this fo~ to another d~ument. Description of A~ached 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): ~ Padner ~ ~ Limited ~ General ~ Pa~ner ~ ~ Limited ~ General ~ Attorney-in-Fact ~ A~orney-in-Fact ~ Trustee ~ Trustee ~ Guardian or Consewator ~ Guardian or Conse~ator ~ Other: Top of thumb here ~ Other: Top of thumb hem 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 1-8C0-876~827 EXHIBIT "A" LEGAL DESCRIPTION 15.00 FOOT WIDE DRAINAGE EASEMENT THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 17377, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 23. 1994 AS FILE NO. 1994--400535 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF LONE JACK ROAD AND DOUBLE LL RANCH ROAD ACCORDING TO SAID PARCEL MAP, SAID INTERSECTION BEING ON A 570.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE OF WHICH BEARS NORTH 70°44'37' EAST; THENCE SOUTHERLY ALONG SAID CENTERLINE OF LONE JACK ROAD AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°43'18' A DISTANCE OF 37.02 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 59015'28' WEST A DISTANCE OF 31.15 FEET TO THE WESTERLY SIDELINE OF SAID LONE JACK ROAD, BEING ON A 540.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE OF WHICH BEARS NORTH 75°19'56" EAST, AND BEING THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID WESTERLY SIDELINE OF LONE JACK ROAD AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°49'35' A DISTANCE OF 7.79 FEET; THENCE SOUTH 59015'28'' WEST A DISTANCE OF 127.10 FEET; THENCE SOUTH 30°44'32~ EAST A DISTANCE OF 15.00 FEET; THENCE NORTH 59°15'28' EAST A DISTANCE OF 122.83 FEET TO SAID WESTERLY SIDELINE OF LONE JACK ROAD; THENCE NORTHERLY ALONG SAID WESTERLY SIDELINE NORTH 14036'57'' WEST A DISTANCE OF 7.32 FEET TO THE BEGINNING OF SAID 540.00 FOOT RADIUS CURVE; THENCE NORTHERLY ALONG SAID WESTERLY SIDELINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°03'07' A DISTANCE OF 0.49 FEET TO THE TRUE POINT OF BEGINNING, ALL SHOWN FOR CLARITY ON EXHIBIT "B" ATTACHED, THEREBY MADE A PART OF THIS BY REFERENCE. This real property description has been prepared by me or under my direction, in accordance with the Professional Land Surveyors Act. FOR FRASER ENGINEERING ~J(~n R. B'~'~r?en, LS 6000 License F-.~p~res 12/31/96 S H:~779~01 ~SD_ESMT, DOC 8' RECREATIONAL TRAIL EASEMENT PER DOCUMENT EXHIBIT "B" DEDICATED LINE DIRECTION DISTANCE L1 N 14%6'57" W 7.52' L2 S 59015'28''W 51.15' L5 N 59°15'28''E 125.00' L4 S 50°44'52''E 7.50' L5 N 59°15'28" E 122.86' L6 S 59015'28''W 127.10' CURVE RADIUS LENGTH DELTA Cl 570.00' 57.02' 05°45'18" C2 540.00' 0.49' 00005'07" ~ ,' C5 540.00' 7.79' 00049'55'' C4 570.00' 64.48' 06°2~','~ "; AL POINT C1 C1 C5 C5 J ~2, TPOB ~"~ 5~O!,~_(R~ SEE DETAIL 2 AT LEFT NOTTO SCALE L4 15.0 ~.DRAINAGE EA', ?iVI FCL ,.2) FRASER ENGINEERING, INC.