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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 ~