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1987-355265 ? 355 65 'C[TY ~ EBCIN[TAS ~3 Enc~nitas Blvd. ~-- Suite' 109 "~" .... ':~ .......... Encinitas, CA 92024 ~: ~. GENERAL NO TRANSFER TAX DUE VER~, ~,. I.YL.E Easement D~AI~G~ As~r'~ Parcel Project No 255-040-45 W.O. No. TE294~ Parcel No. 86-0557-A L~ No. 202-07 BRYAN C. THOMSON and IRENE THOMSON. husband and wife hereinafter designated Grantor(s) do~l[ hereby grant, bargein, convey and release unto C[TY OF ENCTNITAS .herein designated Grantee, its successors ~r:d assigns, a perpetuai easement and right-of-way upon, through, under, over and across the hereinafter described rea! property for the installation, construction, maintenance, repair, replecernent, reconstruction and inspeczion of >n 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, bushe.% undergrowth, and any other obstruction interfering with the use of said easement and right-of-way by the Grant~,, ils succemors or assigns. To have and to hold said easement and right-of-way unto itself and unto its s~ccessors and as- signs forever together with the right to convey said easement, or any portion of said easement, to other public agencies. The rea~ property referred to hereinabove and made subject to said easement and right-of-way by this grant is s!tuated in the County of San Diego, State of California, and is particularly described as follows: Parcel No. 86-0557-A (12-16-86) (ENG:MDT:po) The Westerly 60.00 feet of the Southerly 80.00 feet of the Northerly ll5.00 feet of the Northerly 666.24 feet of the Easterly 330.00 feet of the North Half of Lot 12 of RANCHO LAS ENCINITAS, in the City of Encinitas, County of San Diego, State of California, according to Map there of No. 848, filed in the Office of the County Recorder of said County. CCSF. 85.31, 5/77 I '- 160 The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which the instaUed or constructed an unenclosed flood drainage channel. The Grantee, its successors and assigns, shall be re[ sible 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 succe.~ aris assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or inst~ bva licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Graf its successors and assigns. In granting its approval the Grantee, its successors and assigns, may impose reasonable ~ ditions including, but not limited to, the filing by the contractor or Grantor of an adequate performance bon( 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 Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Gran its successors and assigns, of the rights and privileges herein grante~. Executed this. day of_,, A~t~I L , 19j -. B R YA N"-C-~. IRENE THOMSON 4/14/87 INDIVIDUAL ACKNOWLEDGMENT ATTACHED FOR BRYAN C. THOMSON - NOTARY : SUSIE TOPJIAN. STATE OF County of. t se. On ., 19 , before me, the undersigned, a Notary Public in and for said Coun a;~d State, personally appeared__ known to me to be the person, whose name subscribed to the with instrument, and acknowledged that executed the same. Witnl~SS my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing deed or grant to the_ CITY OF ENCINITAS a political corporation and/or governmental agency is hereby accepted on behalf of its Board, pursuant to authorit, conferred by Resolution of said Board adopted on March 20, 1979, and the Grantee consents to the recordatior thereof by its duly authorized officer. This is to certify that the interest in re, al p,rpperty conveyed b the for ' gran.t, to t.he_ ~-,~',.t,)x ~'~ ~'-" ~t~x~,~,\~; ~X~ Y egomg deed or a pouticm corporationrS~a/or ~'overnmental-aee .... , ..... the Board of Directors ~-~ said ~)istrict~ pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979~ and the District consents to recordation thereof by its duJy authorized officer. Date JUN 2 5 1987 By ® Rma~ Property Management DivJsiO~ '3e-Da'~rr~,nt of General ~ervi{~s STATE OF CALiFORNiA cou. T, oF_ A. OIEGO / On APRIL 14, 1987 before me, the undersigned, a Notary Public in and for said County and State, personally appeared BRYAN ¢, THOMAS_ ~X~(~X)(I)~X~n)OX~(~:~X~'~e)((or proved to me on the basis of satisfactory evidence) to be the -' person whose name is subscribed to this instrument, and acknowledged that he executed the same SUSIE TOPJIAN Name (Typed or Printed) San Diego ust Savi Bank ~J~ ........ ~ NOTARY ACKNOWLEDGEMENT INDIVIDUAL STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO · On this 15th day of April ~ , in the year 1987 and State, personally appeared Irene Thomson , before me, the undersigned, a Notary Public in and for said County · personally known to me (or omved tn me on the basis of s~isfact0rv evid~euue_) to be the Person(s) whose name(s)_i~/ars subscribed to this instrument, and ac- knowledge that he (sbP. z'they) executed the same. Witness my hand and official seal; ) 162 WHEN RECORDED, PLEAS) IL ~ F 3~2~ THIS ENSTRUMENT TO: CITY OF ENCINITAS 543 Encinitas Blvd. Suite 109 Encinitas, CA 92024 tS~l JU~I 25 A~ 8: 2~ RECORDED REOUEST OF Recorded Request of DEPI. GENERAL SEI?VICE~ J V~Rx~ L. y(K Dept. General Services L_.~ou(I¥ NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY SUBORDINATION AGREEMENT ~FEE NOT[CE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OK LOWER PRIORITY THAN THE LiEN OF SOME OTHER OR LATER INSTRUMENT Project : TM4579-1 Assessor's Parcel W.O. No. : TE29~l NO. 2~-~4~-4§ Parcel No. : 86_~7_^ Log No. : WHEREAS, that certain Deed of Trust between BENFFICTAI £AITF~NTA_ , collectively called BENEFICIARY and BRYAN C. THOHSON and I~ENE THOMSON. husband and ~ife , collectively called TRUSTO~ BENEFIC[AL HANAGEHENT CORPORATION OF AHEEICA, ~ and Delaware Corporation , called TRUSTEE and ~ecorded May 6. 1985 , as File/Page No. 85-15745~ in the Office of the Recorder in tho County of San Diego, Sta~e of California; and WHEREAS, said BENEFICIARY is the owner and holder of the note and other evidence of indebtedness for which said Deed of Trust was given for security; and WHEREAS, Will execute and deliver or has/have executed and delivered to the -- CITY OF FNCI~TTA% 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: -1- THIS INSTRUMENT TO: a" 163 CITY OF ENCINITAS ~,' 543 Enctnitas Blvd. ' Suite 109 Encinitas, CA 92024 RECORDED REQUEST OF DEFT. GENERAL S~R~ICES NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER~J USE ONLY Easement D RA INA G E Assessor's Parcel Project TM4579-1 No. 255-040-45 W.O. No. TE2941 Parcel No. 86-0557-A Log No. 202-07 BRYAN C. THOMSON and IRENE THOMSON. husband and Wife hereinafter designated Grantor(s) dol~ hereby grant, bargain, convey and release unto 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 as- signs forever together with the right to convey said easement, or any portion of said easament, 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 County of San Diego, State of California, and is particularly described as follows: Parcel No. 86-0557-A (12-16-86) (ENG:MDT:po) The Westerly 60.00 feet of the Southerly 80.00 feet of the Northerly ll5.00 feet of the Northerly 666.24 feet of the Easterly 330.00 feet of the North Half of Lot 12 of PJ~NCHO LAS ENCINITAS, in the City of Encinitas, County of San Diego, State of California, according to Map there of No. 848, filed in the Office of the County Recorder of said County. CCSF, 85.31.5/'77 · . The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is .instaUed or constructed an unenclosed flood drainage channel. The Grantee, its successors and assigns, shall be res~on- C, sible 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 rnenne~ approved by the Grantee, its successors ans assigns, any portion of an unenclosed flood drainage channel provided aah enclosure is constructed or installed by a licensed contractor in accordance with plans Ired 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 con ditions including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond lo guarantee completion of the work. There is reserved to the Grantor, his sur~e~drs andal~igns, the right and privilege to use the above described land of the Grantor at any tim~, in any manner and for any purpose not incon~lont with the full use and e~joymeflt by the Grantee, its successors and assigns, of the rights and privileges herein granted. Executed this. day of. ., 19__. 'BRYAN C. THOHSOfl ']REtiE THOFISON STATE OF County of. } se. On ., 19__, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person, whose name subscribed to the within instrument, and acknowledged that executed the same. Witnl~ss my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing deed or grant to the___ - CTTY OF ENCINITAS a political corporation a-~'~'or governmental agency is hereby accepted on behalf of its Board, pursuant to authorit-~ conferred by Resolution of said Board adopted on March 20, 1979, and the Grantee consents to the recordation thereof by its duly authorized officer. Dated. m .J ~EREAS, 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 DOC~ENT to the same extent as if said DOCUMENT had been executed prior to said Deed of Trust. - Dated this ~-~i: J~ day of ~L~ ~_ , lg.. ~7 ~ BENEFICIAl CAI IFORNIA. INK. STATE OF County of t ss. On _, 19 _ , before me, the undersigned, a Notary in and for saiJ County and State, personally appeared known to me to be the person whose, name subscribed to the within instrument, and acknowledged t~at executed the same. Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing Subordination Agreement to This is to certify that the ~terest in real property conve~d by the foregoing Subordination Agreement to a political corporation, and/or a political subdivision, Is hereby accepted on behalf of its Board of Supervisors and/or its Board of Directors pursuant to authority conferred by Resolution of said Board(s) adopted on March ~0, 1979, and the Grantee(s) consent(s) to recordation thereof by its duly authorized officer. Dated JUN 2 5 ]987 Rem4 Prop~rt7 I~i~mont Divi~¢o~