1988-311015 WHEN"RECORDED, PLEASE MAIL 8 8
, #TH~{S INSTRUMENT TO: 1
City Clerk l
City of Encinitas 1
535 Encinitas Blvd. Ste. 100 1
Encinitas, California 92024 1
RECORDED
NO TRANSFER TAK DBE DE~. GENER~ SERWCES 1 SPACE ABOVK FOR R~CORDER'S USE ONLY
EASEMENT
Assessor's Parcel Project: CG2556/ENCINITAS BLVD.
No. 258-n36-04 W.O. ~1o.: TE3298
Parcel No.: 88-0240-A
Loq No.: ~86-1~
PAUL ROTSNECK and LOIS ROTSHECK, husband and wife
hereinafter designated Grantors do hereby grant, bargain, convey and release unto the
CITY OF ENCtNITAS
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, underorowth, and any other obstruction interfering with the use
of said easement and right-of-wa} 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 nublic agencies.
The real property referred to hereinabove and made subject to said easement and
riqht-of-way b.y this grant is situated in the City of Encinitas, County of San Dieqo, State
of California, and is particularly described as follows:
Parcel No. ~8-0240-A (6-22-88) (ENG:AT:mrt)
That portion of Section 16, Township 13 South, Ranae 4 West, San Bernardino Base
and Meridian, in the City of Encinitas, County of San Diego, State of California,
included in that land described in deed to Paul Rotsheck, et ux, recorded
September 20, 1984 at File/Paqe No. 84-355645 in the Office of the County
Recorder of said County, described as follows:
COMMENCING at the Northwest corner of Lot 12 in Block 57 of ENCINITAS, according
to Map thereof No. 14R filed in said County Recorder's Office; thence along the
Northerly line thereof North 83°22'00'' East, 17.00 feet to a line that is
parallel with and 57.00 feet Easterly of the centerline of Old Hiqhwa.y 101 (First
Street per said Map No. 148); thence leaving said Northerly line and along said
parallel line North 06°38'00'' West, 178.20 feet to the TRUE POINT OF BEGINNING;
thence continuing along said parallel line North 06°38'00'' West, 39.00 feet;
thence leaving said parallel line North 83°22'00'' East, 2.50 feet; thence
0 2131
Parcel No. 88-0240-A (Cont.)
North 35°04'28'' East, 31.97 feet to a line that is parallel with and 57.00 feet
Southerly of the Northerly line of said Rotsheck land; thence alon~ said narallel
line North 85°35'10'' East (North 86°15'24" East her said deed), 32.00 feet;
thence leavinq said narallel line South 32"44'06" West, 21.74 feet; thence
South 3~°2~'A0'' West, 55.00 feet; thence South 06°3R'AO'' East, 6.00 feet; thence
South 83°22'00" West, 3.00 feet to the TRUE POINT OF BEGINNING.
· ,' 0 2132
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 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 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 includinq, 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 privileqe 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.
PAUL ROTSHECK -~ -
]JOIS ROTSHECK
STATE OF (<)~/~m~ 4J/~ )
County of ~,~ ~.~.~ ) ss.
On ~.~,~,, ,~'~,~ , 19 ~, before me, the undersigned, a Notary Public in an~
for said County and State, personally appeared ~, /~.~ ~ ~
~'~ known to me to be
the person~ whose name~ ~p_ subscribed to the within
instrument, and acknowledged that ~v executed the same.
Witness my hand and official seal. ~ ~ ..... ~c~ ~
~ ~Y~B~-~N~ ~
D cou
N~ary P~blic in a~d ~aid County and State ~ ~mm.~i~J~n~O.l~89 ~
I certify on behalf of the City Council of the City of Encinitas, pursuant to
authority conferred by Resolution of said Council adopted on July 27, 1987
that the City of Encinitas consents to the making of the foregoing Irrvocable ~
Offer, Deed, Grant, or Subordination Agreement, and consents to recordation
thereof by its duly authorized officer·
Date ~-~-~'~' By WARREN SHAF~ER,CityHa~l~ager
0 2133
WHEN RECORDED, PI. EASE MAiL 1 ~ ,', ~
'THIS INSTRUMENT TO: 1 . . ; .
1
City Clerk 1 i~ Jb?) 28 ~
· City of Encinitas 1
535 Encinitas Blvd., Ste.lO0 1 ~
':' Encinitas, CA 92024 1 ~___C~!?~" ,:-'..,, /
RECORDED REQUEST OF l
ND TRANSFER TAX DUE DEPT. GENERAL SERVICES1 SPACE ABOVE FOR RECOROER'S USE ONLY
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORO[NAT[ON AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING SUB4ECT
TO AND OF LOWER PRIORITY THAN THE LIEN
OF SOME OTHER OR LATER INSTRUMENT
Assessor's Parcel Project: CG2556/ENCINITAS ~LVD.
: No. 258-036-04 W.O. No.:
Parcel No'.: 88-0240-^
Log No.: 286-11
WNEREAS, that certain Deed of Trust between
v/ US COI~4UNITY SAVINGS BANK
,- collectively called BENEFICIARY
and PAUL ROTSHECK and LOIS ROTSNECK~ husband and wife
, , collectively called TRUSTOR
and US COb~MUN~TY SAVZNGS BANK , called TRUSTEE
and recorded February 6m 1986 , as File/Page No. 8~-0¢8511
in the Office of the Recorder in the County of San Diego, State of California; and
WI4EREAS, said BENEFICIARY is the owner and holder of the note a~d other eviaence of
indebtedness for which said Deed of Trust was given for security; and
~4EREAS, 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:
· w~E~ RECORDED, PLEASE MAIL 0 ~1 3Z~
THIS- INSTRUMENT TO: 1
City Clerk 1
City of Encinitas 1
535 Encinitas Blvd., Ste. 100 1
Encinitas, California 92024 1
RECORDED REQUEST Ot~ 1
NF) TRANSFER TAX DUE DEPT, GENERAL SERV!CES 1 SPACE ABOVK FOR RECORDER'S USE ONLY
EASEMENT
DD~I~IAGE
Assessor's Parcel Proiect: £G2556/ENCINITAS BLVD.
No. 25~-0~G-04 W.O. ~)o.: TE3298
Parcel Nm.: RH-D~40-A
Log No.:
PAUL RnTSHECK and LOIS RATSHECK, husband and wife
hereinafter designated Grantors do hereby grant, bargain, convey and release unto the
C~¥ O~ ~CZNI~A$ herein designated Grantee, its successors and assigns, a
nerpetual easement and right-of-way upon, through, under, over and across the hereinafter
described real property for the installation, construction, maintenance, repair,
reolacement, 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, toaether with the perpetual riaht to remove buildings,
structures, trees, bushes, undergrowth, and any other obstructio~ 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 riaht-of-way unto itself and unto its successors and assigns
forever together with the riqht to convey said easement, or any portion of said easement,
to other nublic agencies.
The real ~ronerty referred to hereinabove and made subject to said easement and
riqht-of-way by this grant is situated in the City of Encinitas, County of San Dieqo, State
of California, an~ is particularly described as follows:
Parcel NO. RR-O?4D-A (6-22-~B) (ENG:AT:mrt)
That portion of Section 16, Township 13 South, Ranoe 4 West, San Bernardino Base
and Meridian, in the City of Encinitas, County of San Diego, State of California,
included in that land described in deed to Paul Rotsheck, et ux, recorded
September 2D, lg84 at File/Page No. 84-355645 in the Office of the Count.y
Recorder of said County, described as follows:
C~MMENCING at the Northwest corner of Lot 12 in Block 57 of ENCINITAS, according
to MaD thereof No. 14R filed in said County Recorder's Office; thence along the
Northerly line thereof North 83'22'00" East, 17.00 feet to a line that is
parallel with and B7.00 feet Easterly of the centerline of Old Highway 101 (First
Street per said MaD No. 148); thence leavinq said Northerly line and along said
parallel line North 06°3B'00'' West, 178.20 feet to the TRUE POINT OF BEGINNING;
thence continuing along said narallel line North 06'38'00" West, 39.00 feet;
thence leaving said parallel line North 83'22'00" East, 2.50 feet; thence
0 2135
Parcel No. 88-0240-A (Cont.)
North 3~'~4'28" East, 31.97 feet to a line that is parallel with and 67.00 feet
Southerly of the Northerly line of said Rotsheck land; thence alonq said narallel
line North 85°35'1~'' East (North 86°15~24', East net said deed), ~2.00 feet;
thence leavinq said parallel line South 32°44'06- Vest, 21.74 feet; thence
South ' ' "
3~ 2R AO West, 55.00 feet; thence South 06'3~'n0" East, 6.00 feet; thence
South $3°22'00'' West, 3.00 feet to the TRUE POINT OK BEGINNING.
0 2136
.T~e' Grantee shall have the right to fence all or any 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 oDerating,
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 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 performance bond 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 Grant~e, its successors and
assigns, of the rights and privileges herein granted.
Executed this day of , 19
PAUL~
STATE OF )~ss
County of ~ ,/~ '
On /~9 , before me, the undersigned, a Notary Public in and
for said County and State, pe~l.ll~"~opeared
known to me to be
the person /~ whose dame subscribed to the within
instrument, and acknow~dQed that executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
I certify on behalf of the City Council of the City of Encinitas, pursuant to
authority conferred by Resolution of said Council adopted on July 27, 1987
that the City of Encinitas consents to the making of the foregoing Irrvocable
Offer, Deed, Grant, or Subordination Agreement, and consents to recordation
thereof by its duly authorized officer.
Date By
WARREN SHAFER, City #anager
0 2137
W~ER~AS, 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 acknowl-
edged, the undersigned BENEFICIARY hereby waives the priority of said Deed of Trust
in favor of said DOCUNENT to the same extent as if said DOCUMENT had been executed
prior to said Deed of Trust.
Dated this 27th day of June , 1988
~ US CO~UNITYSAVINGS BkNK
GARY L. SPAN~, ~r. Vic~,Pre~sident
By:
MERRY Mi McVAY, A~st~t Secret~
STATE OF CALIFORNIA )
County of SAN DIEGO ) SS.
On June 27, 1988 , before me, the undersigned Notary Public in and for said
County and State, personally appeared Gary L. Spanger ,
proved to me on the basis of satisfactory evidence to be the Senior Vice- President
and MERRY M. MC rAY, proved to me on the basis
of satisfactory evidence to be the Assistant Secretary (Treasurer), respectively, of
the Corporation that executed the within instrument and acknowledged to me that such
Corporation executed the within instrument pursuant to its by-laws or a resolution'of
its Board of Directors.
/ WIIN[~ ~Y~d~~~ ~ .... --m'' ~--
Signatu SA~D~A L jA~KE ~
NOTARY PUBLiC*CALIFORNIA
Sandra L. Janke ~Y~,~,~v ;~"_'~9 ~SAN DIEGO CO)JNTY ~
Name (Typed or Printed) ~
This is to certify that fha inta~a~t in raal n.~na,+, ~.~ ..... a L .....
I certify on behalf of the City Council of the Oty of Encinitas, pursuant to
Resolution of said Council adopted on July 27, 1987
authoritYthat the CityC°nferredof £ncinitasbY consents to the making of the foregoing Irrvocable
Offer, Deed, Grant, or Subordination Agreement, and consents to recordation
thereof by its duly authorized officer.
Date ~-~-~ By ~,~cx~,~-- ~er
--WARREN S~AFER, C1 y ~