1998-643673Recording requeste~'=
city of En¢initas
When Recorded, Mall To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas. CA 92024
Assessor's Parcel
No. 264-171-85 THRU 88
SPACE AB(
D~AXN~GE ~ASEMENT
...... 1969,.0643673
Project: TPM 184~ ~%
W.O. No.: ~J00~,GR
BA~RAZT,AMERICAN, INCQ~POP, AT~D, A D~LA ,W~R~,SORPORATIOM ,
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 ~roperty for the installation, constr~ction,
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 c~hannel, 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-wayunto 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 this grant is situated in the city of
Eneinitas, County of San Diego, State of California, and is
particularly demcribed as follows:
See Exhibit "A" attached hereto and made a part hereof by this
reference.
TF/03/MSV-SV2wp5 1(01.03-95-7)
1452
The Grantee shal~ave the right to?fence or any portion of
said easement herein conveyed within which %hereis 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 privileges herein granted.
Dated this 4th
day 19 98
of S~t ember ~
-'(
David A. Jacinto
Vice President
[Signature of GRANTOR must be notarized.
the appropriate acknowledgement.]
Attach
I certify on behalf of the city Council of the city of En¢initas,
pursuant to authority conferred by Resolution of said Council
adopted on November 9, 1994 that ~he City of En¢initas consents to
the making of the foregoing Irrevocable Offer, Deed, Grant, Or
Subordination Agreement, and consents to recordation thereof by its
ate: ...........
Alan D. Archibald
Director of EngineeringServices
TF/03/MST-872wp5 2(01-03-95-7)
State of California
County of San Diego
On September 4, 1998 before me, Kelly Fralish, Notary Public, personally
appeared David A. Jacimo, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged m 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.
WITNESS my hand and official seal.
NOTARY PUBLIC-CALIFORNIA m
SAN DIEGO COUNTY 0
My' C~mmi~ion Expir~ ~
~8IGNA~ OF NOT~
Optional Information
Capacity claimed by signer(s)
[] Individual(s)
~ Corporate Vice President
Officer(s)
[] Partner(s)
[] Attorney in Fact
[] Trustee(s)
[] Guardian/Conservator
[] Other:
Signer is representing:
Ban'att American, Incorporated
Attention Notary: The information requested bclow is OPTIONAL. It could, ho,-w, ver, prevent fraudulent attachment of tkis cm'tificat¢ to any
un~utho~z~d document.
THIS CERTIFICATE MUST BE
ATTACHED TO THE
DOCUMENT DESCRIBED AT
RIGHT:
Title or Type of Documem: Drainage EasemenJ; - Win~l~gr II
Number of Pages 2 Date of Document 09/04/98
Signer(s) Other than Named above
14 4
SUBORDINATION
Whereas, those parties concerned, desire to have the Deed of Trust
recorded~as File/Page NO. 98-0220927 subordinated to
the Drainage Easement ("DO~T" hereinafter) ~escribed above as
Required as a condition of Approval of w.o. ~. 800~1
Now, therefore, for valuable conmideration, the receipt of whi~ 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.
~.tember &. 1998
DATED
GUARANTY FEDERAL BANK, F.S.B.
By: ~ ~
~on L~rson ......
Title: Vice President
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 Enoinitss,
pursuant to authority oonf~rre~ by Resolution of said Council
adopted on NOvember 9, 1994 that the City of En=initas consents to
the making of the foregoing Subordination Agreement, and consents
to recordation thereof by its auly~authorize~offioe.r. ~
~lan D, Aro~iba~d
Director cf Engineering Services
TF/03/MST-872~5 3(01-03-9~-7)
CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA
couNTy o~ ~
NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NO~"ARY PUBLIC"
personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/a~e~ubscribed to the within instrument and acknowledged to me that he/she/-
-they executed the same in his/her~'r authorized capacity(ies), and that by his/he~the~
s~gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC SIGNATURE
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT C)LL~.,~'~'I L~l~t{)/~ ~
DATE OF DOCu MENT NUMBER OF PAGES .....
SIGNER(S) OTHER THAN NAMED ABOVE
EXHIBIT "A"
A STRIP OF LAND 15 FEET WIDE OVER THOSE PORTIONS OF PARCELS 1 THROUGH 4 OF PARCEL MAP NO.
15615 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTYAS FILE NO.
148940 ON MARCH 23, 1989, CiTY OF ENCINITAS, COUNTY OF SAN D[EGO~ STATE OF CALIFORNIA, LYING 7.5
FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE MOST EASTERLY BOUNDARY CORNER OF SAID PARCEL MAP NO. 15615; THENCE
SOUTH 15°34. 48" WEST, ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL MAP, A DISTANCE OF
39.41 FEET TO THE INTERSECTION OF THE SOUTHERLY SIDELINE OF CALLE SANTA CRUZ WITH THE
WESTERLY SIDELINE OF COLE RANCH ROAD; THENCE CONTINUING SOUTH 15° 34' 48" WEST ALONG SAID
EASTERLY BOUNDARY LINE, 19.63 PEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID
EASTERLY LINE , SOUTH 79'30'39" WEST 164.32 FEET; THENCE SOUTH 80°18~00" WEST 123.00 FEET TO THE
BEGINNING OF A 110.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY, ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 51 °22'35" A DISTANCE OF 98.64 FEET TO THE
WESTERLY BOUNDARY LINE OF PARCEL MAP NO. 15615 AND THE POINT OF TERMINUS OF THE CENTER-
LINE HEREIN DESCRIBED. SAID POINT BEARS SOUTH 15°35'18" WEST, ALONG THE WESTERLY BOUNDARY
LINE OF SAID PARCEL MAP, 35.33 FEET FROM THE NORTHVVESTERLY CORNER OF PARCEL 3 OF PARCEL
MAP NO. 15615. THE SIDELINES OF SAID 15.00 FOOTWIDE STRIP ARE TO BE LENGTHENED OR SHORTENED
TO TERMINATE EASTERLY IN THE EASTERLY BOUNDARY LINE AND WESTERLY IN THE WESTERLY
BOUNDARY LINE OF SAID PARCEL MAP.
~ ~,~ SCALE,'
,' 140.00'
EXHIBIT B
SHOWlNd~EVISED 15 FOOT DRAINAGE OVER
OVER PARCELS 1 THROUGH 4. OF PARCEL MAP N0,15615.
1457
~ A = 26'04'19"z.
9 R = 228.00'
~ .., L =103.75' A = 80'11'07"//
~ ~ ~ = 20.00' -~ .....
· ', ~, '~, N7~'11 I /,/ CALLE SERENA(PR~VATE)
. ~ , ,~ 179,2~ ./ / N73~1 41 W 175.00
~ ~ ,' R = 110.00 , _~ ~
,,~ ',. ~
~ ~ "~ ~.~. z ~ PARCEL
~ -, '-... ~ m ~
~ .~ / R ~ 45100'
. ~ L = 67.25 .
, I V, 152.77 / 175.00
'._ ;~, ' ..... ~-~ ' ......
m ~ s~'37'~4 w PBL ~ ' P~L
~ AREA DESCRIBED IN EXHIBIT A
NOTE: BEARINGS, DISTANCES AND CUR~ DA~ A~~
-- PARCEL MAP N0.15615 OR CALCULATED ~EREFROM.