1999-483732 3026 DOC
RECORDiNG REQUESTED BY: ) JLI 1 1~, lc:)c)~
CITY OF ENCINITAS ) ffFICIAL
) ~ BIEG0 GX]U~TY RE~RDER'S OFFICE
W}-IEN RECORDED MAIL TO: ) GEGORY J, ~TTH, COL~TY
) FEES:
CITY CLERK ) 0~:
505 SOUTH VULCAN AVENUE )
ENC~ITAS, CA 92024 ) SPACE ABOVE 1900-~7a2
FOR THE BENEFIT OF THE CITY
D~INAGE EASEMENT
ASSESSOR'S P~CEL NO. Case No.: CDP 97-192
254-210-0100 DraMng No.: 0003-DI
Pe~it No.: 4683-CN
Jmes A. Nicodemus ~d S~&a S. Nicodemus, husb~d ~d Mfe ~ joint ten~ts
herein~er designated Gr~tor(s) do(es) hereby ~t, b~g~n, convey ~d release ~to the City of
Encinit~ herein desi~ated Gr~tee, its successors ~d assigns, a pe~etu~ easement ~d fi~t-of-
way upon, ~ough, ~der, over ~d across ~e hereinafter described re~ prope~ for ~e
inst~lation, construction, mhnten~ce, repair, replacement, recons~ction ~d ~spection of
enclosed or ~enclosed flood D~AGE ch~el ~d ~I stmc~es incidental ~ereto, ~d for the
flowage of ~y waters in, over, upon or t~ough s~d ch~el, toge~er M~ ~e pe~e~ fight to
remove b~ldings, s~c~es, ~ees, bushes, ~dergro~, ~d ~y o~er obs~ction interfering wi~
· e use of shd easement ~d fi~t-of-way by ~e Gr~tee, its successors or assigns. To have ~d to
hold said easement ~d fight-of-way ~to itself ~d ~to its successors ~d assigns forever toge~er
wi~ ~e fight to convey said easement, or ~y potion of s~d easement, t~er public agencies.
~e re~ prope~y refe~ed to hereinabove ~d made subject to said e~emem ~d fight-of-way by
this gr~t is situated in the City of Encini~, Co~ of S~ Diego, State of C~ifoma, ~d is
p~icul~ly described ~ follows:
See Ex,bit "A" a~ched hereto ~d made a p~ hereof by ~s reference.
JSG/ARR/Dr ainage.do c.doc/06.02.99
3027
The Grantee shal~ave the right to fence 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
anaY manner approve by the Grantee, its successors and
assigns,
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 bythe City Engineer, toguarantee 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 ~-A~O~ , 19 9%
Grantor=
[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
SubordinationAgreement, and consents to recordationthereof by its
duly authorized officer.
Alan D. Archibald
Director of Engineering Services
TF/O3/MS7-872wl:)5 2(01-03-95-7)
3028
State of (~¢~/.~/;.¢/~® I R,O.TmUMe....Z,O.,~..,,
County of ~/~.~ /(~',_.~)
personally appeared ~'0~ d.¢~ ~ZE~ ~.
~//C¢ ~ 02' 1~1 ~'~ CAPACITY CLAIMED BY 81GNERI6)
~ personally known to me -OR- ~3proved to me on the OFFICER(S( m~
basis of satisfactory ~PAR~ER(SI ~LIMI~D
evidence to be the ~GENERAL
p~} whose name(s) ~A~ORNEY ~, ~ACT
~ubscribed to the ~mUS~E*S~
wit~n instrument and DGUARDIANICONSERVATOR
~ ~ OmOAL SEAL ~ acknow~d to me that aomER:
RANDA G. MILLJOUR ~ he/sh~e~ecuted~
~ NOTARYPUBUC-CAUFORN~A~ same ~his/her~heir)
COMM. NO. 1~2~
~N ~EGO COU~ ~
and that by his/her~eir~ ~N*~* ~* ~,,,,~,~ ,, ~,~
~ ~vcouu. ~x~. ~. 0, ~ ~ authorizod
........................... si~naturo{s) on the~
instrumenttho ~orson{sL
or the ontitg upon behalf
of which the person{s)
acted, oxecuted tho
instrument. RIGHT ~UMB~INT {Opt~n~l)
Witness my hand and official seal.
(SIG~TURE OF NOT,Y)
ATTENTION NOTARY
OFF(CER(S(
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any DPAR~ER(S) DLIMI~D
unauthorized document. ~GENERAL
3029
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real proper~y conveyed by deed or grant dated
January 28, 1999 from James A. and Sandra S. Nicodemus, to
the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned
agent on behalf of the City Council of the City of Encinitas pursuant to authority
conferred by Resolution of the City Council of the City of Encinitas adopted on
November 9, 1994 and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: ~, ~'[ ~'- ~
Alan D. Archibald, P.E. Director of Engineering Services
City of Encinitas
3030
SUBORDINATION AGREEMENTe
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 7-ZS-~ as File/Page No. ~-4?OJ~ subordinated to
the Drainage Easement ("DOCUMENT" hereinafter) described above as
Required as a Condition of Approval of "~dr&~m%~o¢ ~.~,~ ~
Now, t~erefore, 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 ~~
By: ~
Title~ ~
DATED BENEFICIARY OR TRUSTEE
By:
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 authorize officer
Director of Engineering Services
City of Encinitas
TF/O3/MST-872wp5 3(01-03-95-7)
303!
EXHIBIT "A"
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
PROJECT NO. 0003-DI
Easement Description:
Being the Northerly 10 feet of following described property:
Property Description
That portion of Lot 26 of Leucadia Acres, in the City of Encinitas, County of San Diego,
State of California, according to Map thereof no. 1704, filed in the Office of the County
Recorder of San Diego County, June 5, 1918, and that portion of Lot 2 of Section 5,
Township 13 South, Range 4 West, San Bernardino Meridian, in said City, County, and
State, according to the official plat thereof, more properly described as follows:
Beginning at the point of intersection of the westerly prolongation of the northerly line of
Phoebe Street with the westerly line of Neptune Avenue, as said streets are shown on
Map no. 2049 of South Coast Park no. 4, filed in the Office of the County Recorder of
said San Diego County, July 26, 1927; Thence north 190 26' 40" west (record north 19°
26' 45" west) along said westerly line of Neptune Avenue 1276.43 feet to an angle point
therein, thence continuing along said westerly line of Neptune Avenue north 280 09' 40"
west 132.2 feet (record 141.72 feet) to an angle point therein, thence continuing along
said westerly line of Neptune Avenue north 19° 26' 40" west (record north 19° 26' 45"
west) 3.48 feet to the True Point Of Beginning, said point being also the most northerly
corner of the land conveyed to Clarence W. Cary and Josephine L. Cary by deed dated
June 12 1928 and recorded in book 1487, page 338 of deeds, records of San Diego
County, thence leaving said westerly line of Neptune Avenue south 700 33' 20" west
along the northwesterly line of said Cary's land and along the southwesterly prolongation
thereof a distance of 188.39 feet, more or less, to a point on the easterly line of that tract
of land as conveyed by the South Coast Land Company to the County of San Diego by
deed dated January 10, 1930 and recorded February 11, 1930, document no. 7207;
thence along the said easterly line of County Lands, north 18° 44' 15" west a distance of
75.0 feet to an intersection with the southwesterly prolongation of the northwesterly line
of the land conveyed to Emile Ferir, et ux, by deed recorded in book 1487, page 338 of
deeds, thence north 70° 33' 20" east along said prolongation and along said
northwesterly line of said Ferir's land a distance of 187.56 feet, more or less, to a point
on the said westerly line of Neptune Avenue which is distant thereon 75 feet
northwesterly from the True Point Of Beginning; thence south 190 26' 40" east (record
south 190 26' 45" east) along said westerly line of Neptune Avenue, 75 feet to the True
Point Of Beginning.
Excepting therefrom, that portion, if any, heretofore or now lying below the mean high
tide of the Pacific Ocean.