2004-428272
Recording Requested By: ~.RECOIilDED DOC #'004-0428272
I
.f[p City of Encinitas ) MAY 11, 2004 3:57 PM
It When Recorded Maif to: )
I [ffICIIV. REC!JIOS
~ City Clerk I SAN DIEGO COUHTV REC!JIOCR'S OFFICE
~ ¡\f¡::; City of Encinites ) æffi~J.~ITH,æuuVREC!JIœR
505 South Vu can Avenue I FEES: 0.00
Encinitas, CA 92024 I DC: tf¡
) WAVS: 2
1r«1 FOR THE BENEFIT OF THE CITY )SPACE ABOVE FOR RECORDER'S USE ONLY
b-i~ DRAINAGE EASEMENT
1 This document is being re-recorded to include the signature of
the City Engineer and replaces document Number 2004-0327684
Recorded April 15, 2004 in the office of the County Recorder of
San Diego County.
Assessor's Parcel No. Buifding Permit No.:02-2426
254-090-41
Jennifer L. Burl, A SINGLE WOMAN ("OWNER" hereinafter!. is the owner of real
property which is commonl known as 1711 & A Eolus Avenue ("PROPERTY"
hereinafter) does 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 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 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 herein above 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,
The Grantee, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above-described works of improvement.
¡¡¡ecording Requested By: . ) DOC #~OO4-0327684
)
i City of Encinitas ) APR 15, 2004 4:06 PM
)
When Recorded Mail to: ) OFFICIAl RECORDS
City Clerk ) SAN DIEGO COUNTY RECORDER'S OFFICE
¡:If City of Encinitas ) GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
iI'/1 505 South Vulcan Avenue ) DC: NA
Encinitas, CA 92024 ) IrIAYS: 2
)
FOR THE BENEFIT OF THE CITY )SPACE ABOVE FOR RECORDER'S USE ONLY
DRAINAGE EASEMENT
Assessor's Parcel No. Building Permit No.:02-2426
254-090-41 DOCUMENTARY TRANSFER TAX $fO
-
Jennifer L. Burl, A SINGLE WOMAN ("OWNER" hereinafter), is the owner of real
property which is commonl known as 1711 & A Eolus Avenue ("PROPERTY"
hereinafter) does 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 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 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 herein above 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,
The Grantee, its Successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above-described works of improvement.
The .Grantór, her success. and assigns, reserves the right tÞenclose in a manner
approved 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 ý---f'7..... day of ø~r- , 2003.
Signature of Owners to be notarized.
Attach the appropriate acknowledgments.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution No. 94-107 of said Council adopted on November 9, 1994
that the City of Encinitas accepts and consents to the making of the foregoing
DRAINAGE EASEMENT Dedication and consents to recordation thereof by its duly
authorized officer.
. .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California }ss.
County of á.&vJ Ot'ooo
On&. Lt, ~efore me, 011 . k I L.. QlJùE. ffit::he '1
Date Name aod roa of Office, (a.g., "Ja... Doe, Nola" P'blle") U LIe
personally appeared JE ÆJ ¡U I FUI::. Ó() R L
Namela) of S~oa.j,)
ÇJ personally known to me
proved to me on the basis of satisfactory
evidence
RANDA G: MlUJOUR to be the person(s) whose name(s~re
subscribed to the æument and
~'I38'20SI acknowledged to me th ey executed
II8UIr MIle . CIIIontI8 the same in hi eir ~ed
..,.,... c-t,
Exp. ./In. 8, 2007 J capacity(ies), and that by h' !her! eir
.. J. signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
PIaceNota"S'~AI><""
OPTIONAL
Though the information be/ow /s not required by law, it may prove valuable to persons relyIng on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Documenl
TItle or Type of Document:
Document Date; Number of Pages;
Signer(s) Other Than Named Above;
Capaclty(les) Claimed by Signer
Signer's Name;
0 Individual Top of thumb h,",
0 Corporate Officer - litle(s);
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other;
Signer Is Representing;
0 1997Na_'_"_a',,,,'9350 D'8oIoA""., P.o. 80>< 2402'ChatsWO<1h. CA 91313-2402 Prod. No. 5907 R","",cCatITon.F"" '-800"76-6827
tf\\5IT' "Â .
August 5, 2003
Job No. 0304
Proposed widening of existing
Drainage easement
An easement and right of way for drainage purposes Over, along and across a strip
orland within lot 3 in Section 4, Townsbip 13 South, Range 4 West, San Bernardino
Meridian, in the City ofEncinitas, County of San Diego, State ofCalifomia, according to
United States Government Survey approved thereof', being a potion ofB1ock 9 of North
Leucadia, according to Map thereof No. 524, filed in the office of the County Recorder of
San Diego County, April 6, 1888 and a portion ofEatonville, according to Map thereof
No. 513, filed in the office of the County Recorder of San Diego County, March 20,
1888; said strip of land being 10.00 feet wide, 5.00 feet on each side of the following
descnòed centerline:
Commencing at the Northeast corner of that parceJ ofland descnòed in a deed to
Jennifer L Burl, filed in the office of the County Recorder of San Diego County, July 31,
2002 as Document No. 02- 640945 of Official Records; thence South 89" 58' 42" West
(Record South 89" 59' 45" West), along the North line of said Burl1and, 111.61 feet,
more or less, to a point of intersection on the centerline of an existing 8.00 foot wide
drainage easement descnòed in a deed to John H. HolIy et we, filed in the office of the
County Recorder of San Diego County May 1, 1962 as File! Page No.18264, Series 3,
Book 1962 of Official Records, said point of intersection being the point ofbeginning of
the herein descnòed centerline; thence along the centerline of said easement being also
the centerline of said existing 8.00 foot wide easement, South 0° 31' 27" East ( Record
South 0° 29' 54" East), 111.54 feet; thence South 61° 00' 20" West (Record South 61°
0 l' 53" West), 13 .45 feet to a point of intersection on the Southerly line of said Burl
land, said point of intersection being North 19" 05' 48" East, 82.24 feet from the
Southwesterly corner of said Burl land.
The sidelines of said 10.00 foot wide easement are to be prolonged or shortened
so as to terminate on the North at the North line of said Burl land and to terminate on the
Southwest at the Southerly line of said Burl land.
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California } ss.
County of San Bernardino
On 12/18/03 , before me, Angela Ledesma, Notary Public
0", N'me "d Title ofOffiœc(e.g., "J"e Doe, NotaO' PobUo")
perSonally appeared Fr"nk s T. ; "" (",; '"' h ¡;, N~:,J:~s:"lcj:) r.. T.;"""';",h** ** *,
0 personally known to me
:[J 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
@ ANGELA LEDESMA acknowledged to me that he/she/they executed
- Commission # J374193 the same in his/her/their authorized
i" Notary Public - Callfomla f capacity(ies), and that by his/her/their
San Bernardino County - signature(s) on the instrument the person(s), or
MyCorrm. ExpiesSep IQ:m:, the entity upon behalf of which the person(s)
acted, executed the instrument.
(
PI'œ NotaO' 5." Abo"
OPTIONAL
Though the information below is not required by taw, it may prove vatuabte to persons relying on the document
and coutd prevent fraudulent removat and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Subordination Aqreement
Document Date: 12/18/03 Number of Pages:
Signer(s) Other Than Named Above:
CapacitY(ies) Claimed by Signer
Signer's Name: ...
0 Individual Top of !homb h.c.
0 Corporate Officer- Title(s):
0 Partner - 0 Limited 0 Generai
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
" - -
CI999N"""'_""OC;,",""'50D'SoroA~.. p.o. 80. """"'"WOrth, CA91313"402'""","~ """,,, prod. No. 5907 R~""'C"'T"'-F."-aoo.87"""
--
_BORDINA TION AGREEMENT .
WHEREAS, tho," port;.. ,onoemad, dosi" to h~a tha Doed 0' T",t """""]'4 1G-
' Subordinated to the Drainage Easement ("DOCUMENT" J>J. iJ()J. - °"1/P(¡,J. 7
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.
BENEFICIARY or TRUSTEE BENEFICIARY or TRUSTEE
~ , BY: ~14J¡J1 d ~
BY: Q.~--L/- --' /7
Title: <J6;¿.,-4Z/'/:: .I P2 '7 ~ oS ¿;""-.I)<:;c.~ . æÆAl¿",:-/é-1le7 C'I'?'A/.Æ¿L '" -bv~c..fl,
TItle: (S -
DATED /0:;- /.1- 0-3 DATED /:( - /"6-03
r r
I Signature of BENEFICIARY or TRUSTEE must I
I be notarized. Attach the appropriate I
I acknowledgments. I
L ---.J
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.
Peter Cota-Robles
Director of Engineering Services
City of Encinitas
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