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1995-462357Recording requested by: ) ) City of Encinitas ) When Recorded, Mail To: ) ~,~ ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas. CA 92024 .! 808 DOC 1995-0 6 57 12-0CT-1995 02-'58 PM OFFICIAL RECOROS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: 0.00 SPACE ABOVE FOR RECORDER'S USE ONLY D~AZNAGE E,%a~~CUMENTARY TRANSFER TAX $~ Assessor's Parcel Project: CMD95C No. 261-143-02 W.O. No.: 00]2-DR Greqory Lawrence Cooper 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 incidental 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-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 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) 1509 .The Grantee shall have the right to fence all 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 privileges herein granted. Dated this 3~ day of O~e~ , 1993- Grantor Owner: ~~ [Signature of GRANTOR must be notarized. tho 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 November 9, 1994 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. ~%1an D. A~rchibald ' Director of Engineering Services TF/03/MS7-872wp5 2(01-03-95-7) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State d "~ County of ~ ~ ~_j ~ 13 / ~r,~,-.,~. On ~ ~A~q ~ before me~~~o~ c~c~ ~r~o ,~~~~ ~- ~'- ~, personally appeared ~~,~ ~ ~ ~ o ~ ~ ~ NAM~ SIGNE~ ' ~rsonally known to me - OR - ~ proved to me on the basis of satisfactory evidence JENNIF£I~W. BFNNE£ '0 Comm.. NOTARY PUBLIC- CAUFORNIA ,~ to be the persor~-s') whose name,(-s')(:::~Yar-e subscribed to the within instrument and ac- knowledged to me that(~hc/thcy executed the same in (1~~ authorized capacity{-iee), and that signature(-s-)'on the instrument the person~"~, or the entity upon behalf of which the person(s-)-acted, executed the instrument. WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. No. 5193 OFNOTARY ~ OPTIONAL SECTION ~ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. [~IVIDUAL [] CORPORATE OFFICER(S) TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) .E~] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES ~'~ DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 1811 SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded ~q~_h~ as F. ile/Page No. ]995-021~67a subordinated to the Drainage Easement ("DOCUMENT" hereinafter) described above as Required as a Condition of Approval of con~,~4nn ; 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 DOCUMENT had been executed prior to said Deed of Trust. DATED BENEFICIARY OR TRUSTEE DATED [Signature of BENEFICIARY OR TRUSTEE 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 making of the foregoing Subordination Agreement, and consents to recordation thereof by its Alan D. Archibald Director of Engineering Services City of Encinitas TF/O3/MS7-872wp5 3(01-03-95-7) e of California County of San Diego 1812 On $I~P 0 § ~ before me, S. THOMAS, notary public personally appeared VIVIAN SCHUMMER, ASST TREASURER, 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 acknowledge to me that she executed the same in her authorized capaciW, ASST. TREASURER, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the same instrument. WITNESS my hand and official seal. State of California County of San Diego On ~. (-~) 1813 before me, S. THOMAS, notary public personally appeared ANNA D. MENDEZ, 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 acknowledge to me that she executed the same in her authorized capacity, VICE PRESIDENT/ASST. TREASURER, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the same instrument. WITNESS my hand and official seal. COMM. · 1031051 z NoforY Public - Caltfomio ~ ~ DIEGO COUN~ ~ ~. Ex,res AUG 29 1~ SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded I~-~.-~B as F. ile/Page No. ~-07 ~']O)~subordinated to the Drainage Easement ("DOCUMENT" hereinaftgr) described above as Required as a Condition of Approval of ~'~0~t~ ; 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 DOCUMENT had been executed prior to said Deed of Trust. DATED R Vice President Title: DATED ~ENEFICIARY OR TRUSTEE By: Sabrenia L. Masser Title: Assistant Secretary [Signature of BENEFICIARY OR TRUSTEE must be notarized. Attach the appropriate acknowledgement.] 1814 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 duly thor' e off~ce~, m to recordation thereof by itSDate f0/~/~' By ~ ~~~ Alan D. ArShibald Director of Engineering Services City of Encinitas TF/03/MS7-872wp5 3(01-03-95-7) State of MARYLAND County of FREDERICK 181,8 On this 20th day of September, 1995, before me, the undersigned officer personally appeared Elaine Stangl and Sabrenia L. Masser of The Prudential Home Mortgage Company, Inc., a corporation, and that they, as such Vice President and Assistant Secretary, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by themselves as Vice President and Assistant Secretary. In witness whereof I hereto set my hand and offical seal. Dixie L. Teagle Notary Public My commission expires April 29, 1996. EXHIBIT "A" The easterly 10.00 feet of that portion of Newcastle Avenue as shown on Map No. 1298 of Cardiff, in the City of Encinitas, County of San Diego, State of California, filed in the Office of the County Recorder of said County on November 14, 1910, lying southeasterly of a line parallel and concentric with and distant 20.00 feet southeasterly at right angles and radially from the southeasterly line of a 40.00 foot right of way for San Elijo Avenue as shown on Road Survey No. 1132, dated September, 1947, a plat of which is on file in the Office of the County Surveyor of said County, vacated by actio~ of the Board of Supervisors on February 2, 1960. ML4437