1991-511607Recording
requ~ed by:
City of Encinitas
When Recorded, Mail To:
City Engineer
City of Encinitas
527 Encinitas Blvd.
Encinitas. CA 92024
1385
-03.-0CT-!991 08;2I A~
~rF!C!~L ~Eff~R~S
~NMETTE EU~MS~ COUNTY RE~ORDE?
SPACE A~OVE FOR RECORDER~S USE ONLY
DRAINAGE ~EMENT
Log NO.:
Project:
W.O. No.:
Assessor's Parcel
No. 216 -110~14
Alliance Engineerin~ of California. 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
l~cidental 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 maid
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/MS7-872wp5 1(10-26-89-3)
The Grantee have the right to fen411 or.any portion of
said easement herein conveyed within whic]T'there is installed or
constructed an unenclosed flood drainage channel. The Grantee, its
su¢ces$0rs 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
assigns, any portion of a~ 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,
cz:~='~'C=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 enjo!rment by the Grantee, its successors and
assigns, of the rights and privileges herein granted.
Dated this ~ day of
Grantor: Alliance En§tneorin§ Of-California,
[Signature of GRANTOR must be notarized.
the appropriate acknowledgement.]
Attach
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
·aking of the foregoing Irrevocable Offer, Deed, Grant, or
Subordination Agreement, and consents to recordation thereof by its
duly authorized officer.
TF/02/M$7-872wpS 2(10-26~89-3)
CAT, NO. NN~O'~'~
TO21g45CA(1--e3} 1l 3 ~? ~ TICOR TITLE INSURANCE
(Corpo~tion)
On ~ b~o~ mc, thc unde~, a Not~ ~b~ ~ ~d for
to ~ the ~n
the ~ithin ~ument ~ ~e
~ ~of ~e Cad--ion
that ~eeut~ ~ wi~ in~t gad aekn0w~
to ~ ~ ~ co.rain e~ted ~he ~n
mcat pursuant to its by-laws or a rcS°]ution of its
board of directors.
WlTNESS my hand and offid~ ~.
'13I
~EXHI " "
LEGAL .DESCRIPTION - DRAINAGE EASEMENT
A 20.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF THE NORTH ONE-
HALF OF THE SOUTHWEST QUARTER, AND OF THE SOUTHEAST QUARTER AND OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER, IN SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED
MAY 3, 1883, LYING WESTERLY OF THE CENTERLINE OF THE COUNTY ROAD AS
SHOWN ON MAP OF COUNTY ROAD SURVEY NO. 1317, A PLAT OF WHICH IS ON
FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY,
SAID PROPERTY DESCRIBED IN A DEED TO ALLIANCE ENGINEERING OF
CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED IN THE OFFICE OF THE
COUNTY RECORDER MAY 21, 1987, AS DOC. NO. 87-280899 OF OFFICIAL
RECORDS, THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND LYING
10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE NORTHWEST CORNER OF LOT 51, AS SHOWN ON COUNTY OF
SAN DIEGO TRACT NO. 4265, MAP NO. 10817, FILED WITH THE HECORDER OF
SAID COUNTY, JANUARY 12, 1984; THENCE WESTERLY ALONG THE NORTH
PROPERTY LINE OF SAID MAP NO. 10817, SOUTH 89°44~16" WEST, 33.29
FEET (SOUT}{ 89'46'32" WEST PER MAP NO. 10817) TO THE CENTERLINE OF
SAID COUNTY ROAD SURVEY NO. 1317; THENCE NORTHWESTERLY ALONG SAID
CENT~.RLINE NORTH 25°56'35" WEST 174.34 FEET TO THE BEGINNING A
TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE
NORTHERLY ALONG SAID CURVE THEOUGH A CENTRAL ANGLE OF 17°08 ~39" AN
ARC LENGTH OF 299.22~ FEET; THENCE RADIAL TO SAID CURVE SOUTH
81°12'04" WEST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 61°19'40" WEST 110.00 FEET TO THE POINT OF TERMINUS. THE
SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED
AND/OR SHORTENED SO AS TO TERMINATE EASTERLY ON THE WESTERLY RIGHT-
OF-WAY LINE OF SAID COUNTY ROAD SURVEY NO. 1317 (SAXONY ROAD) AND
TO TERMINATE WESTERLY IN A LINE THAT BEARS NORTH 28°40'20" EAST
THROUGH THE POINT OF TERMINUS.
JORGE M. PALACIOS
DATE
Whereas, those parties concerned, desire to have the Deed of Tryst
recorded 5-21-87 as File/Page No. 87~280900 ...... subordinated ~o the
~raina§e Easement as described above as Required As Condition of
Approval of T.M. 88-326 ("DOCUMENT" hereinafter);
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the.undersigned BENEFICIARY OR TRUSTEE
hereby waives ~he. 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/ ............ BEN~CIARY OR TRUSTEE
By: James M. Wil$on
Title: Beneficiary
([ndiv]du~)
TICOR TITI.E INSURANCE
STATE OF CALIFORNIA
COUNTY OF San .pte~0
On Aqgust 30t 1991
said State, personally appeared
, personally known to me or
proved to me on the basis of satisfactory evidence to be
thc person__ whose name ~ J fl subscribed to thc
within instrument and acknowledged that he exe-
cuted the same. ,~.~ ~
before me, thc undersigned, a Notary Public {n and ~r
~ames M. Wilson ,,
SAN D~t~c~ COUNTY
(This a~em for official notarial ~)
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.
WARREN H. SHAFER, ~ity Manager
City of Encinitas
TF/03/PW3-132WP5 3(06-16-89-1)