1994-703205~Recordlng requ~U by: )
) ,-.~.
City of Encinitas
~en Recorded, Mail To: : ~ ::~ ~,~t~0 ~01:~TY ~.~r~:.~ .,q U~.~
City Clerk )
City of Encinitas ) '
505 South Vulcan Avenue )
Encinitas, CA 92024 ) SPACE ABOVE FOR RECO~ER'S USE ONLY
DRAINAG~ E~SEMENT
Assessor's Parcel Project: TM 89-196
No. 256-412-47 W.O. No.: 3385FM
Susan Patrice Scott
hereinafter designated Grantor~ 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(01-11-93-5)
The .Grantee have the right to fenc~ or any portion of
uaid easement conveyed within wh~ 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 quarantee completion
of the work.
There is reserved to the Grantor, his successors and assigns, the
right and privileg~ 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 J~C( day of /J ~~,i ~ , 19~
Gran r. ~
Susan Patrice Scott
[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 July 27, 1987 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
Date: 1!/~/~ 9 By: : i:il
TF/03/MS7-872wp5 2(01-11T93-5)
STATE OF C~IFOR/Y~
personally known to me -OR- _~Proved to ~ on the ~sis of mtis~o~ e~e~ to be the pe~n~
ac~wl~g~ to ~ t~t ~sh~ ~ed ~e ~ in ~e~
......... ~-- a~ ~c~, a~ t~t by ~er~ sig~ture(s) on ~e
~ S~RYN F. ULB~ ~ instant the ~on~, or ~e en~ u~n be~ff of whi~ the ~on(~
~-- ~~~~~,~ a~, ex~ the in~ru~nt.
" ......
On , before ~, tba unde~i~na~ nota~ public, pe~onall~ ~psar~
personally known to me -OR- Proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/ars subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(les), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
STATE OF CALIFORNIA )
County of J
On , before me, the undersigned notary public, personally appeared
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 he/she/they executed the same in his/her/their
authorized capacily(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behaff of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
UL- 32
Whereas, those parties concerned, desire to have the Deed of Trust
recorded~ 2q:lq~3 as File/Page No./qq3-Dq~J'f~3 subordinated to
the Drainage Easement ("DOCUMENT" hereinafter) described above as
Required as a Condition of Approval of ~, ~-/~
;
'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
SEAL }
~ ~990 ~ ~ Title: ~_~ti~ ~ce
~r 25, 1~ By: ~
Title:
[Signature of BENEFICI~Y OR TRUSTEE must be notarized. Attach the
appropriate acknowledgement. ] ~te of ~ Y~k ........... ~ ~ ~.e
~ ~ 25, 19~, ~ ~ t~ ~ ~y ~ ~ B. ~,~
~ ~ ~ ~ of ~t~fact~ ~e) to ~ t~ ~(s) ~ ~(s) ~ ~ to
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 Subordination Agreement, and consents to
recordation thereof by its duly authorized officer.
City of Encinitas
TF/03/MS7-872~5 3(10-27-93-6)
'
"' SEPTEMBER 28, 1992
1208 EXHIBIT "A"
STORM DRAIN EASEMENT
A PORTION OF LOT8 IN BLOCK"X" OF SEASIDE GARDENS ANNEX IN THE
CITY OF ENClNITAS ACCORDING TO MAP THEREOF NO. 1801, RECORDED AU-
GUST 6, 1924 AS FILE NO. 33060 IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DE-
SCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 8 SAID
POINT BEING ON A 580.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RA-
DIAL LINE TO SAID POINT BEARS SOUTH 62°54'01" EAST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE AND ALONG THE WESTERLY BOUNDARY OF
SAID LOT 8 THROUGH A CENTRAL ANGLE OF 01 °59'01", A DISTANCE OF 20.08
FEET; THENCE TAN'GENT TO SAID CURVE, CONTINUING ALONG THE WEST-
ERLY BOUNDARY OF SAID LOT 8, SOUTH 29"05'00" WEST, 70.85 FEET TO THE
POINT OF BEGINNING; THENCE ALONG A LINE PARALLEL WITH AND 80.00 FEET
SOUTHERLY FROM THE NORTHERLY BOUNDARY LINE OF SAID LOT 8, SOUTH
89°30'30'' EAST, 163.94 FEET TO A POINT ON A TANGENT 25.00 FOOT RADIUS
CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY, SOUTHEASTERLY
AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AN-
GLE OF 89°23'30", A DISTANCE OF 39.00 FEET; THENCE TANGENT TO SAID
CURVE ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF
LOT "L" OF SEASIDE GARDEN HEIGHTS ACCORDING TO MAP THEREOF NO.
2100 RECORDED IN THE OFFICE OF THE COUNTY RECORDER MARCH 20, 1928,
SOUTH 00° 07'00'' EAST 82.16 FEET; THENCE ALONG A LINE PARALLEL WITH
AND 61.04 FEET NORTHERLY FORM THE SOUTHERLY LINE OF SAID LOT 8
NORTH 89°30'30'' WEST 10.00 FEET; THENCE ALONG A LINE PARALLEL WITH
AND 10.00 FEET DISTANT FROM THE PREVIOUSLY DESCRIBED LINE THE FOL-
LOWING THREE (3) COURSES (1) NORTH 00°07'00'' WEST, 82.05 FEET TO A
POINT ON A TANGENT 15.00 FOOT RADIUS CURVE CONCAVE SOUTHWEST-
ERLY; THENCE (2) NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89"23'30". A DIS-
TANCE OF 23.40 FEET; THENCE (3) TANGENT TO SAID CURVE NORTH 89°30'30',
WEST, 169.39 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 8;
THENCE ALONG THE WESTERLY LINE THEREOF NORTH 29°05'00,' EAST, 11.39
FEET TO THE POINT OF BEGINNING.