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1999-709214 · ~ecbrding requested ) ) 2363 DOCI 1999-0709214 city of En¢initas ) ) Oct 22, 1999 8:28 A~ ,' When Recorded, Mail To: ) City of Encinitas 505 South Vulcan Avenue 1999.0709214 FFFS Encinitas. CA 92024 SPACE ABOVE FOR RECO~ER'S ~ ONLY DRAINAGE F~.B EMENT Assee.or'.Parc.1 Pro ect: U, No- 264--172-~2 W.O. No.:  WIEGAND NEGLIA, a California Corporation · 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 fl0wage 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 inthe 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/03/MS7-S72wp5 1(01-03-95-7) Th~ Grantee shall the right to fence all 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 bythe City Engineer, toguarantee 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 ~ 3~p day 6f ~w~JT'- , 19~ Grantor:~ [Signature of G~ANTOR 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. Alan D. Archibald Director of Engineering Services TF/~3/MST-872wp5 2(01-03-95-7) State of ~.-/} L; County of ,5"/t I,l DiEGo On ,'~(ZG~5'["' 7. [?'~ before me, ,,:T'~nlc-~ ~, ,~u~tt.~o/1. AIoT~r~¥ DATE / NAME, TITLE OF OFFICER o E.G., "J,~NE DOE, NOTAI~Y PUBLIC' personally appeared ~/~c~ J~. NAME(S) OF SIGNER(S) [] personally known to me - OR -~proved to me on the basis of satisfactory evidence to be the person(~,~ whose name(~ is!crc subscribed to the within instrument and ac- knowledged to me that he~hc!',hc.y executed  the same in his/~r authorized capacity(¢e~), and that by his/h-er-/thefr 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. IG~ATU E OF NOTARY - 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 TffLE(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL d-~ [] A~-FORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR oo . DATE OFDOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE 993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave.. P.O. Box 7184 · Canoga Park. CA 91309-7184 S AGREEMENT Whereas, those part concerned, desire to ha he Deed of Trust recorded Ma~ 15, 1999as File/Page No.lqqq-5)55~ subordinated to .... ' the Drainage Easement ("DOCUMENT,, hereinafter) described above as Required as a. Condition of Approval of ~876 I ; 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 Title: Deputy President DATED ~ENEFICIARY 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.~ Alan D. Archibald Director of Engineering services City of Encinitas TF/03/MST-872wp§ 3(01-03-95-7) No. 5907 State of County of /..~ .~ c) On ,'~'.~C /o /~'7~ before me, DATE ME, TITLE OF (~FFICER - E.G,, 'JANE~]OE. NOTARY PUBLIC" personally appeared '-~1-¢~,-~o~ ~ C/'~ NAME(S) OF BIGN£R(S) ersonally 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 ac- knowledged 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. 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 U TITLE(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] A1-FORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME F PERSON{S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoge Park, CA 91309-7184 Whereas, those parties concerned, desire to have the Deed of Trust recorded Maw 15. 1999as File/Page No. 1999-325385 subordinated to the Drainage Easement ("DOCUMENT" hereinafter) described above as Required as a Condition of Approval of 5.8?6 I ; 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. WILLIAM G. SUTR0 and THOMAS L. SUTR0 ~.~ ~ ~ SUCCESSOR T~US'~'~:~-~ DATED BENEFICIARY ,OR~RU~TE~ Title: DATED BENEFICIARY OR TRUSTEE By: Title: [Signature of BENEFICIARY OR TRUSTEE must be notarized. Attachthe 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. Alan D. Archibald Director of Engineering Services City of Encinitas TF/03/MS7-872wp5 3(01-03-95-7) State of ~,,~z_i/~o~.~;~ 2369 County of 5,'~N L~ ~ ~ On .~.s~ ~ /~q~ before me, ~ic~ ~. ,5~enson ~ NAME, TITLE OF OFFICER - E.~., 'JANE ~E, NOTARY PUBLIC" personally appeared ~/ ILL) ~ ~ ~. ~T~D , NAME(B) OF SIGNER(S) ~ personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the person(~) whose name(s) is/~ subscribed to the within instrument and ac- knowledged to me that he~ executed the same in h~s/ ........ ~,, authorized  capacity(~, and that by his/~ir signature(~ on the instrument the person(~), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. lhou~h th~ data bolow is not roquirod gy law, it may provo valua~lo to porson~ rolyin~ on tho documont anO could ffaudulonl roa~aehmonI of this [orm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A~ACHED DOCUMENT cINDIVIDUAL ORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ~ PARTNER(S) ~ LIMITED ~'~/~,N~. /~-~ ~ GENERAL ~ A~ORNEY-IN-FACT ~TRUSTEE(S) NUMBER OF PAGES ~ GUARDIAN/CONSERVATOR ~ OTHER: DATE OF DOCUMENT SIGNER IS REPRESEN~NG: SIGNER(S) OTHER THAN NAMED ABOVE 993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 2370 526 SD ESMT EXHIBIT "A" LEGAL DESCRIPTION AN EASEMENT FOR STORMDRAYN PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 15.00 FEET WIDE LYING WITHIN PARCEL 1 OF PARCEL MAP 10811, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. RECORDED OCTOBER 18, 1980 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, THE CENTER_LINE OF SAID STRIP DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 1 DISTANT THEREON S73°3 I'00"E 27.37 FEET FROM THE MOST NORTHERLY CORNER THEREOF, SAID POINT BEING ON THE ARC OF A NON-TANGENT 252.38 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS N 33o21 '16" E; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE 283.26 FEET THROUGH A CENTRAL ANGLE OF 64o18'24'' TO THE POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO BEGIN IN THE NORTHWESTERLY AND SOUTHWESTERLY LINES OF SAID PARCEL 1, AND END IN A LINE THAT BEARS N87°24'07"W AND PASSES THROUGH THE SAID POINT OF TERMINUS. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS PURPOSES FOR MAINTENANCE OF SAID STORMDRAIN OVER THE SOUTHEASTERLY 40.00 FEET OF SAID PARCEL 1.