1988-383290'~'.WHLeN RECORDED, PLEASE
THIS INSTRUMENT TO:
0 0667
1
CITY OF ENCINITAS l
CITY CLERK l
535 Encinitas Blvd. Suite 100 1
Encinitas, CA 92024 1
RECORDED ~EQU~STOF ]
NO TRANSFER TAX DUE DEPT. ~N~Ai
-0oO
0¸:8
SPAC~ ABOV~ FOR R~CORD~R S US~ ~
NO FEE
Assessor's Parcel
No. 264-142-05
EASEMENT
DRAINAGE
RHO.SANTA F£ ROAD
Pro~ect: MAP NO. 11902
W.O. No.: TE 3161
Parcel No.: 87-0506-A
Log No.: 253-01
BOCZANOWSKI, INC., a California Corporation
hereinafter designated Grantor do(es) hereby grant, bargain, convey and release unto 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 incidental thereto, and for the flowage of any waters in, over, upon or through
said channel, together with the perpetual right to ren~ve buildings, structures, trees,
bushes, undergrowth, and any other obstruction interfering with the use of ~atd 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 assiQns forever together
with the right to convey said easement, or any portion of said easement, to other public
agencies.
The real property referred to heretnabove 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:
Parcel No. B7-OBO6-A (10-23-87) (ENG:AT:mrt)
Those portions of Lots 7 and 8 of CITY OF ENCINITAS TRACT NO. 4583, in the City
of Encinitas, County of San Diego, State of California, according to Mag thereof
No. 11902, filed in the Office of the County Recorder of said County, described
as follows:
BEGINNING at the most Northerly corner of said Lot 7; thence South 38°01'4g"
East, along the Northeasterl~ line thereof 88.84 feet to the beginning of a
tangent 370.00 foot radius curve, concave Southwesterly; thence Southeasterly
along the arc of said curve through a central angle of 08°14'30'', a distance of
53.22 feet; thence non-tangent to said curve, South 51%8°11'' West, 11.18 feet;
thence North 38°01'49'' West, 257.33 feet to the Southerly line of that certain
40.00 foot wide General Utility Easement shown on said Map; thence along said
Southerly line, South 73~28'29'' East, 25.87 feet to the Northeasterly line of
said Lot 8; thence South 38~01'49'' East, along said Northeasterly llne, 94.37
feet to the POINT OF BEGINNING.
WHEN,,RECO~,~EO. PLEASE
.THIS INSTRUMENT TO:
0669
';5~35PE~t'~ltta~ ~,~i. Ste. 1 O0
S,~EnG ~ 11~ll4s; AC~?I~024
Recorded Kequest or DEPT. GENERAL.,~ERVICE~
Dept. General Services
NO TRANSFER TAX DUE
NO FEE
SPACE ABOVE FOR RE¢ORDER'S USE ONLY ~
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT
TO AND OF LOWER PRIORITY THAN THE LIEN
OF SOME OTHER OR LATER iNSTRUMENT
Project
kssessor's Parcel W.O. No.
264-142-05 Parcel No.
Log No.
RHO.SANTA FE RD.
Map No. 11902
TE 3161
87-0506-A
WHEREAS, that certain Deed of Trust betwaen
~OMMON~!E~LTH MORTGAGE CORPORATION OF AMERICA, a Florida corpora.~,n
.............. , collectively called BENEFICIARY
and BOCZANOWSKI, INC., a California corporatj~.E
and COMWE, INC., an Oreqon ~or~oration
, collectively called TRUSTOR
, called TRUSTEE
and recorded May 13, 1987. , as File/Page No, . 87-264560 ~
i~ ~fi~ff~ Of the Recorder ~ ~6 Count~ of San Di'~-~o, s{~'~e'cf Ca¥~crnfai an~'~
WHEREAS, said BENEFICIARY is the owner and holder of the note and other evidence of
indebtedness for which said Deed of Trust was given for security; and
WHEREAS, Trustor
Will execute and deii~er or fi~s/havu exe~{j~ ~d :delivered to the
CITY OF ENCINITAS '~
C~'(Y' Of San Die~6, sta{~of Callforhia, that certain DocUMENT(S)fo~ an
EASEMENT FOR DRAINAGE PURPOSES
which DOCUMENT(S) is set forth hereinafter as follows:
'. ' 0 0668 .,.,.
;Ge,Q~rantee. shall have the all or any portion of said easementI~n conveyed within which there is
installed or constructed an unenclosed flood drainage channel. The Grantee ~ts Successors and assigns, shall be
responsible for operating, ma ira ~ ng, 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 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 a~signs, may
impose reasonable conditions including, but not limited t.o, the filing by the contractor or Grantor of an adequate
performance bond 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
day of , 19__
BOCZANOWSKI, INC., a California corporation
'.'T? a ·
STATE OF CALIFORNIA )
County of SAN DIE ) SS.
On November 9, 1987 , before me, the undersigned Notary Public in and for said
County and State, personally ap~ared . .~.h~]~.ip J. Boeza?_~)c~ki ,
proved to me on the basis of satisfactory ~dence to be the President
and Robert A. Booker ~__, ..... proved to me on the basis
of satisfactory evide'nde to be the ~6fe~c~F~'~Treasurer), respectively, of
the Corporation that executed the w~rument and acknowledged to me that such
Corporation executed the within instrument pursuant to its by-laws or a resolution of
its Board of Directors.
WITNESS my hand and offici~se~l.~
'Name {Typed or Printed)
I certify on behalf of the City Council of the City of Encinitas, pursuant to
authority conferred by Resolution of said Council adopted ~)n July 27, 1987
that the City of Encinitas consents to the making of the foregoing Irrevocable
Offer, Deed, Grant, or Subordination Agreement, and consents to recordation
· ~-.. thereof by its duly authorized officer.
WARREN SHAFER', City"M~nager .....
Ii$70
'WHE~AS, those parties concerned, desire to have said Deed of Trust subordinated
to said D~UM£NI;
NOW, THEREFORE, for valuable consideration, the r~ceipt of which is hereby acknowl-
edged, the undersigned BENEFICIARY 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.
Dated this 6th day of
........ · lg ~7,,
COMMONWEALTH MORTGAGE CORPORATION OF AMERICA,
a Florida corporation ......
LVI~ W%"~C~o~NBERGE]~ $~ VICE PR~'IDENT
,/ _. ')
~F~Di~ ,%J~I CE ~RE ~fDENT
· STATE OF C~FORN~ )
"- County of SA~ DlZG.9 ) SS.
On N~,~.~ 6. ~87 . before me, the undersigned Notary Public in and for said
County and State, personally appeared Calvin W. Schoenberger ,
proved to me on the basis of satisfactory ~Vidence to be ~h~~ PreSident
and ~T $.'F~ACDIAP~.~_D. , ,, proved tome on the basis
of satisfactory evidence to be thev~¢E ~sx3 , respectively, of
the Corporation that executed the within instrument and acknowledged to me that such
Corporation executed the within instrument pursuant to its by-.laws or a resolution of
its Board of Directors.
WITNESS my hand and p. fficial seal.
Name (Typ~ or Printed)"
This is to certify that the interest in real preoerty conveyed t ~the foregoino
Subordination Agreement to ---
I certify on behalf of the City Council of the City of Encinitas, pursuant to
authority conferred by Resolution of said Council adopted ~n July 27, 1987
that the City of Encinitas consents to the making of the foregoing Irrevocable
Offer, Deed, Grant, or Subordination Agreement, and consents to recordation
thereof byits duly authorized officer.
WARREN SHAFER, City Manager