1990-373293 9 i373293 '
Recording reques by: 1298
qi, ty of Encinitas ,~r .~ ? ~ .... ,
~en Recorded, Mail To:
OJUL FM2:30
City Engineer
City of Encinitas V~'R~.._ . ~.. '-.~.-~"~ ~ MO
527 Encinitas Blvd. .... '
Encinitas. CA 92024 SPACE ~OVE FOR RECO~ER'S USE ONLY
D~INAGE ~S~ENT
Assessor's Parcel Log No.:
No. 264-231-18 Project: TM 4400
W.O. No.: 9050J
Tadaso Tsuda and Ethel Tsuda, husband and wife
hereinafter designated Grantor(s) do~ 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/02/MS7-SF2wp5 1(10-26-89-3)
. 1299 . .
==Id c~=::cnt hcrain ccnvc'-c~ ~ithin ~hic~ ~ ..... ~-~-~
................... r ................ = ........ 1. The Grantee its
suc'cessors and assigns, shall be responsible for opera~lng,
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
Grantor:
[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
duly authorized officer.
WARREN SHAFER, C~dy Manager
TF/02/MS7-872wp5 2(10-26-89-3)
May 1, 1990
W.O. 6-8012
LEGAL DESCRIPTION
EXHIBIT "A"
A PORTION OF PARCEL 2 OF PARCEL MAP NO. 6585, CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PER MAP RECORDED NOVEMBER
23, 1977 AS FILE NO. 77-485875 AS RECORDED AT THE OFFICE OF THE
COUNTY RECORDER OF SA)D COUNTY. SAID PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG
THE NORTHERLY LINE OF SAID PARCEL 2 SOUTH 84°20'50'' WEST 430.41 FEET
TO THE EASTERLY RIGHT OF WAY LINE OF ROAD SURVEY 181; THENCE ALONG
SAID EASTERLY RIGHT OF WAY LINE SOUTH 05°40'00'' WEST 35.00 FEET TO
THE POINT OF BEGINNING; THENCE DEPARTING FROM SAID EASTERLY RIGHT OF
WAY LINE SOUTH 84°20'00'' EAST 25.00 FEET; THENCE SOUTH 05°40'00"
WEST 35.00 'FEET THENCE NORTH 84°20'00" WEST 29.41 FEET TO THE
EASTERLY RIGHT OF WAY LINE OF ROAD SURVEY 554; THENCE ALONG SAID
EASTERLY RIGHT OF WAY LINE OF SAID ROAD SURVEY 554 NORTH 18°26'05''
EAST 30.03 FEET; THENCE SOUTH 84°20'50" WEST 2.27 FEET TO THE
EASTERLY RIGHT OF WAY LINE OF ROAD SURVEY 181; THENCE ALONG SAID
EASTERLY RIGHT OF WAY LINE OF SAID ROAD SURVEY 181 NORTH 05°40'00''
EAST 6.16 FEET TO THE POINT OF BEGINNING.
AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
5555
~o sc~e EXHIBIT 'A'
~ BAB ~ MAY/~ WO ~12
.o w.., v,.,. w. ~ ..... ' ~ RATT AMERICAN INC.
~~ ~ C~ by F~Y O~ BAR
Melrose Center, Vista. California I dOD ~i~ ....
.~o~ ,,o.. ~,~: ,,...o EASEMENT PLAT
' 1303
~SUBORDINATION AGREEMENT
, Whe~eas,~hose parties concerned, desire to have the Deed of Trust
recordedMarch 30,1984as File/Page No.84-116683 subordinated to
the Drainage Easement described above as Re~xlired as a Condition
of Approval of Building Plan Check No. TM 44~0 ("DOCUMENT"
hereinafter);
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.
Union Bank, formerly,
June 8, 1990 California First Bank
DATED BENEFICIARY OR TRUSTEE
By: ~
Title: Vice President/~na~er
[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 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.
Date ~o By ~o~-~_~~
Warren H. Sharer, Cit~Manager
City of Encinitas
TF/02/MS7-872w-p5 3(10-26-89-3)