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1996-319321'Reoording regues by: ) 19%-03!? 21 ) 1 L - __,._, F'~ City of Encinitas ) 25-JUN-l~6 ~':"~ When Recorded, Mail To: ) OFFiCiAL RECORDS ) SAN DIEGO COUNTY ~'.LORDER S OFFICE city Clerk ) G~:EGORY SMITH, COUNTY F:ECORDER city of Enoinitas ) ~ FEES: 0.00 505 South Vulcan Avenue ) ~ Encinitas. CA 92024 ) SPACE ABOVE FOR RECO~ER'S USE ONLY DRAINAGE EASEMENT Assessor's Parcel Project: ~fg% ~)~- %%~ No. 260-620-73 W.O. No.: 4~o ~.~ David P. Sha%; and Suzanne L. Shaw, Trustees of the Shaw Family Trust dated July 2, 1985 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 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 g~ant 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/MST-872wp5 1 (01-03-95-7) " 297 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 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 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. Dated this ~ day of ~, 19~_~ [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 Subordination Agreement, and consents to recordation thereof by its duly authorized officer. .~ ~ ~ ~ il Alan D. Archibald Director of Engineering Services TF/03/MS7-872wp5 2(01-03-95-7) 298 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No~7 State of Countyof .~clv~ _~i~..~t~ J CATE - ~ NAME, TI%E OF OFFICER - E.G., 'JAN~ ~O~, NOTAR~PU~UC" personally appeared ~uzann~ ~. NAME(S) OF SIGNER(S) ~ personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(e) whose name(~ subscribed to the within instrument and ac- knowledged to me that ~she/~ executed the same in ~her/t~r authorized ~-~-M~NN~ ~N~-~ capacity(i~), and that by ~/her/~ ~ ~MM.~1030783 O signature(~n the instrument the person(~, ~ ~ NOTARYPUSL~C~ORN~ ~ ~,¢e~ SAND~EGOCOUNW O or the entity upon behalf of which the ~ ~/ My C~miss~n Expires ~TEMBER3,1~ ~ person~ acted, executed the instrument. WITNESS my hand and official se~ ~ / s~u~ o~Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent rea~achment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION 0F ATTACHED DOCUMENT ~ iNDIVIDUAL ~ CORPORATE OFFICER ~r~n ,.~ TITL~R TYPE OF DOCUMENT TITLE(S) ~ PARTNER(S) ~ LIMITED ~ GENERAL ~ A~ORNEY-IN-FACT NUMBER OF PAGES ~ TRUSTEE(S) ~ GUARDIAN/~NSERVATOR ~ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: DQV;~ SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 299' 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Cqi( County of -~ On /~r,'J ,~(,, /¢~' beforeme, DATE ' ' ' / NAME, TITLE OF OFFICER - E,G., "JAN E'~E, NOTARY P~BLIC" persona,yappeared NAME(S) OF S~GNER(S) ~ personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person~ whose name~) is/~ subscribed to the within instrument and ac- knowledged to me that he/~ executed the same in his/~ authorized capacity(~ and that by his/~r signature~on the instrument the person~, ~'~-~MARY~N~G~ ~N~M~ or the entity upon behalf of which the E./~ COMM.~03~783 A person(~acted, executed the instrument. ~ ~;~ My Commission Expires ] ~ SEPTEMBER 3, 1~ WIT~ESS my hand ~nd offid~l seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER ~'~t'" ' TITLEJOR TYPE OF DOCUMENT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A3-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAMEOFPERSON(S) ORENTI3Y(IES) 3U~{~ ~..~ L' ~ k ~1~/~ SIGNER(S) OTHER THAN NAMED ABOVE ©1963 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 SUBORDTNATION AGREF_~IENTO 3 0 0 ~r~ereas, those parties concerned, desire to have the Deed of Trust recorded 1-15-93 as File/Page No. 1993-0026383 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. US CC~4UNITY SAVl~GS P~2FK, F.S.B., APRIL 16, 1996 A CALIFOI%NIA CORPORATIOt~ DATED BENEFICIARY OR TRUSTEE THOMAS R.P. AD~ Title: S~IOR VICE PRESIDF/~f 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_authorized officer. ~ Date ~~ By ~~ ~ A~an D. Archibald Director of Engineering Services City of Encinitas TF/03/MS7-872wp5 3(01-03-95-7) CALIFORNIA ALL-PURPO CKNOWLEDGMENT State of ~"~-'~,,'~"~,~/~"~ 301 County of 5.~,,/ /~,'~ On ~/'~/& ~'~ before me, ,..~-~;;,~¢~.-- ,~/,-.../~/--~-~,.-~ ~e~,~.~,~, Date Name and 33tie of Officer (e,g,, 'Jane Doe, Notary P u~)lic") personally appeared ~'~-~;:~,"~-~ ,,'~', ~. ~ Name(s) of Signer(s) ;J~ersonally known to me - OR - [] proved to me on the basis of satisfactonj evidence to be the person(s) whose name(.,a-)~;;Z:~ subscribed to the within instrument and acknowledged to me tha~he,~y executed the same i~e~be~r authorized capacity(ies~,, and that by ~ ..... '~"~ ,~M~- -~,~-- 'i _~h~hc!rsignature(~-)~ontheinstrumenttheperson(e}, · -~.~,'r,~ LI~.JA or the entity upon behalf of which the person(r~)-acted, ~ fi'~.,.,~-'~J=~-~,~ COMM. ~ ~0S2~a~ ~ executed the instrument. · ~,',~,~{~'~ j~/,)' SAN DIEGO COUN3Y · ~ ~ My Comm. E~q~res FEB 24. }~ ~ WITNESS my hand and official seal. OPTIONAL Though the information below is not r~quired by law~ it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachrnent of this form to another document, Description of Attached Document Title or Type of Document: ~'~,~,,~,~ ...~.,~,z~,,~ Document Date: ~r' ~, ~ ~, Number of Pages: Signer(s) Other Than Named Above: ,~--.~ ~,~.~ ~--~,~ ~ ,~-~.~Z~ Capacity(les) Claimed by Signer(s) Signer's Name:~,'~4~' ,,'~, ~. ,~c~.)~..¢¢/,,~,.-) Signer's Name: [] Individual [] Individual /,[2~_Corporate Officer [] Corporate Officer Title(s): ~'¢,¢~.~,,~ M, ~ ~z),,c-e~¢~ ~ Title(s): [] Partner-- [] Limited [] General [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator [] Guardian or Conservator [] Other: Top of thumb here [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: 1994 National Notary Association · 8236 Remmet Ave., F~O. Box 7184 · Canega Park, CA 91309-7184 Pr~d. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Exhibit"A" 302 Legal Description Public Drainage Easement The NorthEasterly 2.50 feet of the NorthWesterly 95.00 feet of Parcel 2 of Parcel Map No. 13635, in the City of Encinitas, County of San Diego, State of California, recorded January 14, 1985.