2003-1291351 ,?' I ~" >~ECORDED REQUEST OF -~ ~
"~ First American Title
f~.~R~CORDING REQUESTED B ~ c%~
~tten~5on: C~ty CZerk ~.~ .... ~l::
THE CITY OF ENCINITAS ~"~[F ~T~ 2~'~x,~o
Encinitas, CA 92024 :::';~'~r l" ~ 7 [ i r,n,~,~l:,,
SPACE (. OE ~
NO DOCUM~NTAHy T~ ~D~ = mawr ~rz ~am=nu~
NO ~E - GO~NT CODE SECTION 6103
~ Title Order No. Escrow No.
Assessor Parcel No. 257-011-09 [ ] Ail
~ [X] Portions
~' ~ ~S~NT DEED
For and in consideration of a valuable consideration,
JOHN PATRICK BISHOP and ~THLEEN L~A BISHOP, TRUSTEES OF THE JO~ PATRICK
BISHOP and ~TH~EN L~A BISHOP 1997 TRUST
HE.BY G~T to the CITY OF ~CINIT~, a municipal co~oration, in the County
of San Diego, State of California, its successors or assigns, the permanent
easement and right of way to construct, reconstruct, maintain, operate and
repair an earth excavation or emban~ent, slope or slopes, and a storm drain,
drains, or drainage, including any or all incidents and appurtenances
thereto, over, under, along and across all that real property situated in the
City of Encinitas, County of San Diego, State of California, described as
follows:
See legal description in EXHIBIT "A," and depiction in
EXHIBIT "B," attached hereto and incorporated herein by
this reference.
Reserving unto the Grantors herein, heirs, successors and assigns the
continued use of the above-described parcel of land subject to the followin~
conditions: the erecting of buildings, masonry walls, masonry fences and
other structures; the planting or growing of trees; the changing of the
surface grade; and the installation of privately owned pipe lines shall be
prohibited except by written permission from the City of Encinitas.
IN WI~ESS ~E~OF, the grantors hereto has cause this Easement Deed
to be executed as of this ~ day of'~~~, 2002.~
This is to certify that the interest in real propert -- ~~~Y ~ ~)
Co~Veye~ by this i~str~ment to the City of Encinitasy / // %~
recordatlon thereof by ~ ~ ~
Dated i ~/3/O Z By
Bishop/D-2/Slope & Drainage Easement
£XHIBIT .& {I. EOAI. D£$~RI~TION}
EA$£M£NT ~OR $1.O~1~ ~INT£NANCI~ ~ND DI~IN~OE PURPOSES
That portion of Parcel 1 of Parcel Map No. 4957, in the City of Encinitas, County of San
Diego, State of California, filed in the Office of the County Recorder of San Diego County
on July 29, 1976 as File No. 76-241622, described as follows:
Beginning at the Northeast corner of said Pamel 1; thence along the Eastedy line of said
Parcel 1 South 34°34'26" East 60.60 feet to the TRUE POINT OF BEGINNING; thence
continuing along the Eastedy line of said Parcel 1 South 34°34'26" East 51.26 feet t.o the
intersection of said Easterly line of Parcel 1 and the Westedy sideline of the 60.00 foot
wide strip of land described in the IRREVOCABLE OFFER TO DEDICATE REAL
PROPERTY for PUBLIC HIGHWAY PURPOSES recorded July 21, 1976 as File No. 76-
230528 of Official Records of San Diego County and described as Parcel 76-0499-A
within said File No. 76-230528; thence leaving said Eastedy line of Parcel 1 along sai~
Westerly sideline of Pamel 76-0499-A of File No. 76-230528 South 15°00'39" East 75.68
feet to a point on the Southerly line of said Parcel 1; thence leaving said Westerly sideline
of Parcel 76-0499-A of File No. 76-230528 along said Southerly line of Parcel 1 North
88°27'27" West 21.91 feet; thence leaving said Southerly line North 15°00'39.' West
79.00 feet; thence North 74°59'21.' East 3.84 feet; thence North 15000'39" West 38.74
feet to the TRUE POINT OF BEGINNING.
Containing 1,975 square feet, more or less.
TOGETHER WITH all abutters Right of Access along the course hereinabove described
as South 15°00'39.. East 75.68.
As shown on Exhibit "B" attached hereto and by this reference
made a part hereof.
BRIAN K. MICKELSON L.S. No. 7320
LICENSE EXPIRES: JUNE 30, 2005
m 9934
EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION)
EASEMENT FOR SLOPE MAINTENANCE & DRAINAGE PURPOSES
/ (~CENTERLINE OF 60.00 FOOT WIDE PARCEL BLVD
76-0499-A OF EXISTING IRREVOCABLE OFFER TO LEU~O~4
. DEDICATE REAL PROPERTY FOR PUBLIC
HIGHWAY PURPOSES RECORDED JULY 21, 1976.
AS FILE NO. 76-230528 OF OFFICIAL RECORDS,
POINT OF
BEGINNING SITE
PARCEL D-2
NORTHEAST CORNER
PARCEL 1 P.M. 4957 V/CIN/TY MAP
N 88o32'26" W NO SCALE
214.99'
70.34'
ERLY LINE
P^ROEL ~ P.M. 4957 NO, -J880-J
EASTERLY
~ LINE ~
_ ,~- PARCEL 1
>. ~ P.M. 4957
~ "' TRUE POIN-I
o
OF BEGINNING s~'
88°27'27" W ~ 337.68'
/ / / / / / / ~ SOUTHERLY LINE
INDICATES ABU-FI'ERS PARCEL 1 P,M. 4957
ACCESS RIGHTS
RELINQUISHED HEREON
CE PROPOSED QUAIL ,, '2.~'
GARDENS DRIVE
BRIAN K. MICKELSON, ES, Ct 7320
MY LICENSE EXPIRES JUNE 30, 2005
RECORDED REQUEST OF
First ~meHcan Title 9 9 3 7
SUBDIVISIONMAPPINGDEPT
RECORDING REQUESTED BY:
THE CITY OF ENCINITAS
AND WHEN RECORDED, N~tIL TO:
Attention: CITY CLERK
CITY OF ENCINITAS
505 South Vulcan Avenue
Encinitas, CA 92024-3633
NO FEE GOV. CODE Space above this line for
SECTION 6103. Recorder's use only.
ASSESSOR'S PARCEL NO. 257-011-09-00
PUBLIC PROJECT NAME Ouail Gardens Drive Extension Project
CONSENT OF LIENHOLDER
For valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, WELLS FARGO HOME MORTGAGE, INC., a California
corporation ("Lienholder"), hereby consents to the grant of the
Easement Deed for slope and drainage rights and Temporary
Construction Easement by John Patrick Bishop and Kathleen Lynda
Bishop, Trustees of the John Patrick Bishop and Kathleen Lynda
Bishop 1997 Trust to the City of Encinitas, a municipal
corporation, as described in Exhibits "1" and "2" and attached
hereto, and joins in the execution solely as Lienholder and hereby
does agree that in the event of the foreclosure of the said
mortgage or other sale of said property described in said mortgage
under judicial or non-judicial foreclosure proceedings, or any deed
in lieu of such foreclosure proceedings, the same shall be subject
to said grants of easements to said City, and said grants of
easements shall not be affected thereby.
Dated: 9 --~J- O9
Consent Granted By:
WELLS FARGO HOME MORTGAGE, INC.
Lorna L. Slaughter
Its: Vice President,
Loan Documentation
(ATTACH NOTARY)
9938
STATE OF MARYLAND
COUNTY OF FREDERICK
BEFORE ME, the undersigned authority, on the day personally
appeared Lorna L. Slaughter, Vice President, Loan Documentation, of
WELLS FARGO HOME MORTGAGE, INC., a California corporation, known to
me to be the person and Officer whose name is subscrioed to the
foregoing instrument and who acknowledged to me that she executed
the same for the purposes and consideration therein expressed, in
the capacity therein stated, as the act and deed of the said
corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS~day of
2 0 0.~_.
Notary Public
My Commission Expires: ~--0/ -
NANE'IfE $. FRANCELLA
NOTARY PUBLIC STATE OF MARYLAND
County of Frederick
My Commission Expires March 1, 2007
· DOE 1291 5
RECORDING REQUESTED BY: 9946 OCT==,°~' 200] 11'34
THE CITY OF ENCINITAS ~FICI~L
S~ DIE~ COUNTY ~COR~R'S OFFICE
AND WHEN RECORDED, MAIL TO: G~RY J. ~ITH, C~NTY RECORDER
FEES: 0.00
NCINITAS I1:11! 111'I#11111111l
505 South Vulcan Avenue 2:[ ~i[l[: .[ ~ ~ :
Encinitas, CA 92024-3633
NO FEE GOV. CODE Space above this line for
SECTION 6103. Recorder's use only.
ASSESSOR'S PARCEL NO. 257-011-09-00
PUBLIC PROJECT NAME Quail Gardens Drive Extension Project
SUBORDINATION AGREEMENT
For valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and the execution of the attached
Easement Deed for slope and drainage rights in connection with
public right of way improvements by the owner(s) of the lands and
premises therein described, the terms of which are incorporated
herein and made a part hereof, the undersigned being the owner and
holder of all the indebtedness secured by that certain Deed of
Trust dated April 24, 2002, and recorded on May 1, 2002, as
Official Document No. 2002-0371817, in the Office of the County
Recorder of San Diego County, State of California, do(es) hereby
agree that the grant of easement to the CITY OF ENCINITAS, a
municipal corporation, ("City") attached hereto, covering a portion
of the said lands and premises, shall be, and is/are hereby made
paramount to said Deed of Trust and the lien thereof; that said
Deed of Trust, as to the lands and premises is hereby subordinated
to said grant of easement for right of way purposes to said City,
and in the event of foreclosure of said Deed of Trust, the
Trustee's sale and conveyance thereunder of the lands described
therein shall be subject to said gzant of easement to said City,
and said grant of easement shall not be affected thereby.
Dated: 12-5-O2
Subordination Granted By: Accepted by:
UNION BANK OF CA,IA, N.A. CITY O~ENCINI~AS, a municipal
By: Nea
Its: Vi~e President Its:
(ATTACH NOTARY)
ACKNOWLEDGEMENT
State of California
County of San Diego
On _December 6, 2002_ before me, Alan Shandley" Notary Public"
Personally appeared Neal J. Davis Vice President
Name (s) of Signer (s)
Personally known to me to be the person whose
name is subscribed to the within instrument and
acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNES~
~Signature of Notary Public
MY COMMISSION EXPIRES 11/19/2006
Additional Document Information
Title or Type of Document: Subordination_ Quail Gardens Drive
Extension Project
Document Date: December 5, 2002
Company Representing Union Bank of California N.A.