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1988-525397 "!489 52539? ~EN ~ED, PL~E ~IL ! ~; : ~-":' .~ ,"~:~ .' ,.'~ "" THIS ~UME~ ~: 527 Eneinitas Blvd. Encinitas, Ca 92024 NO ~S~ T~ ~E I SP~E ~ ~R ~'S USE ONLY ~UmENTARY T~NSFffR T~ E~E~ D~INAGE Assessor's Par~l Project TM4606-1 No. ~6~-061-73 W.O. No. Parcel No. ~g NO. MANCHESTER ESTATESt 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 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 water 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 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" Th~ 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 i~provement. 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 i~ose reasonable conditions including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee co~letion 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 ti~e, 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, ,~GENERAL PARTNER (Corporation) STATE OF CALIFORNIA m TICOF~ TITLe. INSUrANCe. of satig£actorv evia ..... o.r p.roved to meon the-~o'~';~ __ Y ubhc In and for ~×~Xof Ibc Cot - thorized to me that such corpnvatio_ ~ anu acknowledged ?n~ P.r~a.t ~o ibq ~,..;'~ZY¢"ted the within in,t~o- ooard of dflleetors ~ ~. ,~) or a~r~esolution o£ Si~n,~~ J / Ill/ tnager (This area for offiei~ no~i~ 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 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 TERMINUS. WHEN RECORDED, PLEASE MAIL T. S ZN r UMSNT 880CT 18 3:55 of Encini'cas ~ VERZ, L. LYLE Cit7 527 Encinil:as Blvd. L COUNTY Encin-;tas, CA 92026 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY ~O~.~ 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: WHEN ~ECORDED~ PLEASE MAIL NO TRANSFER TAX DGE SPACE ABOVE POR RECORDER'S USE ONLY EASEMENT DRAINAGE Assessor's Parcel Project TM4606T1 No. 262-061-73 W.O. No. Parcel No. Log No. MANCHESTER ESTATESt A GENERAL PARTNERSHI~ 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 water in, over, upon or through said channel, together with the perpetual right to remove 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 public agencies. The real property referred to hereinabove and made subject to said easemant 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, b~t 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 ESTATES, A CALIFORNIA GENERAL PARTNERSHIP, TEK CORP., A CALIFORNIA CORPORATION, A GENERAL PARTNER THOMAS E. KERN, PRESIDENT CAT. NO. NN09737 TO 1945 CA (8--84) Corpo o.) TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTYOF San Diego } ss. On .. Auaus~ 3, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared ~ern 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, a~alIXXXXXXXXXXX-XXXXXXXXX XXXXXXXXX '~"v'~'~'~YV¥¥¥~'¥¥Y'~ of the Corporation that executed the within instrument and acknowledged to me that such corporation execute~the within instru- ment pursuant to its bytlaws or ~ ~t~solution of its board of dir~ctors. A IX I \ . ]% W'TN f i al'U fi ti EXHIBIT "A" LEGAL DESCRIPTION - DPAINAGE 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 T~KMINUS. .San., L6eu%Nd°l~a ~ cVa~ II Icao rnn I?~t4 O i e gu ! to 61elTS3-64e~ Union High School District Certificate of Acknowledgement, Public Agency California Civil Code, Section 11911 State of California, County of San Diego On this ~ day of ~]~~ , 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 be 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. ~EN ~, PL~E ~IL City of Encinitas 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 }~NCHESTER ESTATES, A GENERAL PARTNERSHIP , collectively called TRUSTOR and TRANSAMERICA TITLE INSURANCE COMPANY , called TRUSTEE and recorded September 22~ 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 ~NT(S) is set forth hereinafter as follows: WHEN RECO~I)ED, PLEASE MAIL THIS INSTRUMENT TO: NO TRANSPEI~ TAX D~E SPACE a~ov~ ~OR ~CODEN'S USE ONLY EASEMENT DRAINAGE Assessor's Parcel Project TM4606T1 No. 262-061-73 W.O. No. Parcel No. Log No. MANCHESTER ESTATESt 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 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 water 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 ~se 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 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 partic~larly described as follows. SEE ATTACHED EXHIBIT "A" 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 ~/L~ day of ~// ~ , 19~ MANCHESTER ESTATESt A CALIFORNIA GENERAL ~ARTNERSHIP TEK CORP., A CALIFORNIA CORPORATION, A GENERAL PARTNER THOMAS E. KERN, PRESIDENT CAT. NO. NN00737 TO 1945 CA (8--84) <Corporation) ~.~ TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTYOF Sari Diea0 ~ ss. On August 3, 1988 before me, the undersigned, a Notary Public in and for I said State, 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, ~'~:k ×x××XXXXXXXXXXXX~XXXXXXXXXX I{~6:X0(IOeX~Y~X~y~vd~,lre~I~YOh~Y~Yt~Ye~ ~ ~ OFFICIAL SEAL I,I"WXi;~L~A~X~5~xe,~x~.c~J(X]X~(X~r~ieXKa~X.~X..~tbX: ~ .L'Ow~--t'~ KELLY LYNN RANDLE ........... vvvvvvv of ~ [.-"/~g~ Nora ~y Public--California .................................. X ~90~eAX~X the Corporation ]~4~ SAN DIEGO COUNT? that executed the within instrument and acknowledged to me that such corporation executedi~e within instru- L~ ~y Comm. Ex~. JuneS. 1~ ment pursuant to"~ts by-laws or a[resolution o,f its board of directors. / ~ I ~ Signa~_e ~'~d~x'~ ~,,~,~. ! L ;.,~,.,V~..~ (This area for official notarial se"l) \ ~ ^ EXHIBIT "A" LEGAL DESf~IPTION - DP~fNAGE 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 32003'56'' 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. ~ ~ Dated the ~.~'- day of__ .~~ , 19 · ENCINITAS UNION HIGH SCHOPL DISTRICT STATE OF CALIFORNIA )ss. COUNTY OF_ Sa Dj~D~.c~o -} On__ AU~q]st 8. 19~z8 before me, the undersigned, a Notary Pubiic in and for - ' Donald E. Lindstrom _and said State, personally appeared n/$ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons wh° executed the wit hin instrument as-- Superintendent ~r~ ~ [t~(~Jk~. -~x ~xX XX~'~ R~'be half °f- Encinitas Union SchooJ~LsJ~ni~t the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant t°its by-laws or a resolution of its board of directors. WIT~IESS my hand and official seal. ~his area for oflicia~ notarial seal) Signatur .OCT 8 888