1998-596360City of Encinitas )
)
When Recorded, Mail To: )
)
city Clerk )
[ttllfillllllllllllllll
505 South Vulcan Avenue
Encinitas. CA 92024
~ _ 1999-0666660
DRAINagE P,~B~M~NT
Assessor's Parcel
Gene F. Aschbrenner and Nina G.
1.998-0596860
88P 18, 1998 5:44 PM
ProJ eot:
W.O. No.:
Aschbrenner, Trustees of the
hereinafter designated Grantor(s) do(es) hereby grant, bargain,
convey and release unto the city of Encinitas herein deeignated
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 flowage of any waters in, over,
upon or through said channel, together with the perpetual right to
remove buildings, struatures, 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 thisgrant 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/03/MS7-872wp5 1(01-03-95-7)
1755
'The Grantee shal ave the right to fence or 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 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 privile(
Dated this j3/~ day of
herein granted.
19
[Signature of GRANTOR 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 ~aking of the foregoing Irrevocable Offer, Deed, Grant, or
Subordinati?n Agreement, and consent~to recordationthereof~y its
duly authorized officer. /~ ~ ~. .
' ~ Alan D. Archibald
Director of Engineering services
TF/03/MST-8?2Wp5 2(01-03-95-7)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Ooun o, ss'
personally appeared ~
Name(a) of SIg~r(e)
~ personally known to me
~ proved to me On the basis of satisfa~ow
evidence
COMM. #1030783 ~
NOTARY Pt.18LIC-CALIFORNI~ ~,~
SAN DIEGO COUNTY ()
SEPTEMBER 3, 1~98 .~.~
to be the person(s) whose name(s) ia/are
subscribed to the within instrument and
acknowledged to me that h~s4~e/they executed
the same in h~r/their authorized
capacity(les), and that by h~,J~k~/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
I'~SS my hand and offic~_ia.I sea/l~
OPTIONAL
Though the information be/ow is not required by law, it may prove valuable to per~ons relying an the document
and could prevent fraudulent removal and reettachment o! this form to another document.
Description of Attached Document
Title or Type of Document;
Document Date:
Number of Pages;
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
r- Individual
[£: Corporate Otficer -- Title(s):
M Partner -- LJ Limited [J General
[] Attorney in Fact
[~ Trustee
M Guardian or Conservator
[] Other:
Signer Is Representing:
T(~p of thumb hem
SUBORD AT O. AORE U O 1765
Whereas, those parties concerned, desire to have the Deed of Trust
recorded ~-~-%4 as File/Page No. ~4-4~OiO~ subordinated to
the Drainage Easement ("DOCUMENT" hereinafter) described above as
Required as a Condition of Approval of ~/~1____
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 DOCt~4ENT had been executed prior to
said Deed of Trust. HOME INVESTMENT AND LOANFICAHOME THRIFT
~ LOAN ASSOCIATION
JULY 23. 1998
DATED
BENEFICIARY OR TRUSTEE
By: t
Title
DATED
BENEFICIARY OR TRUSTEE
By:
Title:
[Signature of BENEFICIARY OR TRUSTEE must be notarized.
appropriate acknowledgement.]
Attach the
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 it~ duly~uthorize~ off~c~.~ ~
'~ f Alan D. Archibald
Director of Engineering Services
City of Encinitas
TF/03/MSV-872wp5 3(01-03-95-7)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN DIEGO
On
personally appeared
JULY 23, 1998 __, before me,
BYRON
EILEEN MARIE GONZAAES
B. WEBB, JR. * * *
Name(s) ar Signer(s}
~ personally known to me
I~ 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
acknowledged 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.
W ~~ ~NESS my hand and official seal. ~
OPTIONAL
Though the information below is not required by law, it may prove valuable to berson~ relying on the document
and could prevent fcaudulent removal and reattachment of this form to another document.
Description of Attached Document
~tle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
~ Individual
~ Corporate Officer -- Title(s): __
CJ Partner-- LJ Limited ~ General
~ Attorney in Fac~
[J Trustee
[] Guardian or Conservator
r~ Other:
Signer Is Representing:
1767
EXHIBIT A
CITY OF ENCINITAS DRAINAGE EASEMENT PARCEL E, F AND G OF CERTIFICATE
OF COMPLIANCE, DOC. NO. 97-0319853 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 7, 1997.
PURPOSE: AN EASEMENT FOR DRAINAGE PURPOSES OVER, ACROSS AND UNDER
THE FOLLOWING DESCRIBED LAND.
EASEMENT (DRAINAGE)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SBBM; IN THE CiTY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNINING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
SECTION 15; THENCE NORTH 88°56'21" WEST 430.00 FEET ALONG THE
SOUTHERLY LINE OF THE NORTHEAST QUARTER OF SECTION 15; THENCE
NORTH 1°33'38'' EAST 851.96 FEET ON THE CENTER LINE OF THE STREET KNOWN
AS CAMINO EL DORADO; THENCE NORTH 88051'23" WEST 25.00 FEET TO THE
TRUE POINT OF BEGINNING; THENCE NORTH 88°51'23'' WEST 335.91 FEET;
THENCE NORTH 01046'32" EAST 10.00 FEET; THENCE SOUTH 88°51'23'' EAST 167.56
FEET; THENCE NORTH 1°40'35'' EAST 20.95 FEET; THENCE SOUTH 88°56'21'' EAST
10.00' FEET; THENCE SOUTH 1°40'35'' WEST 20.97 FEET; THENCE SOUTH 88°51'23"
EAST 158,31 FEET; THENCE SOUTH 1°33'38" EAST 10.00 FEET TO THE TRUE POINT
OF BEGINNINING. PARCEL-E, PARCEL-F AND PARCEL-G ARE EFFECTED BY THIS
EASEMENT.
ROBERT B, SERVICE LS 4456
EXP. 9/30/01
F_ m' 1
DRAINAGE EASEMENT
PARCEL E, F &: C OF CERTIFICATE OF COMPLIANCE DOC.' NO. 97-0,31985,~
~,,,,/-~CL. OCEAN BLUFF WAY
PREPARED BY
PARCEL - C
PARCEL - B
PARCEL- A
NOl*40'`35"E 20.!
23"E 167.56'
PARCEL - D
PARCEL - E
'21"E 10,00'
5"W 20.97'
388'51 '23"E
,N 88'51'23" W
PARCEL - C
CEL- F
TPOI
ROBERT 8~ SERVICE L,S. 4456 EXP, 9/.30/01
CONSTRUCTION TESTING & ENGINEERING
2414 VINEYARD AVE~]UE, ~rE. G, R~,CO[~iD]DO CA 92029
z z ~
R.O.S. NO. 15593_,~z
s.e. COR. OF N.E, 1/4
SEC. 15. T155, R4W. SBBM
PREPARED FOR:
GENE F. -~' NINA G, A$¢HBRENNER
515 CAMINO DE ORCHIDA
ENCINITA$