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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.