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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.