2000-399776 Recording requested by: JUl 28, 2000 8: 59 AM
OFFICIO. RE{~RI)8
City of Encinitas
When Recorded, Mail To: ~:
· : N~
505 Sou~h Vulcan ~venue
8nc~n~as, c~ 92024 SP~CE ~BOVE FOR RECORD~R~S HSE O~BY
(For the benefit of the City)
Assessor's Parcel Project: CMD00G
No. 258-272-62-00 W.O. NO.:0017-DI
Anna V. DeLuca, Trustee, under the DeLuca intervivos trust, dated
4/4/84, 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 excluding any existing
buildings, foundations, sidewalks, or other structures, other than
the paved parking lot for the installation, construction,
maintenance, repair, replacement, reconstruction and inspection of
~enclosed flood DP~AINAGE pipes and all structures incidental
th~to~ and for the flowage of any waters in, over, upon or
~ough said pipes, together with the perpetual right to remove any
bb~[ruction 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
r~.~encies.
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 "1" attached hereto and made a part hereof by this
reference
7
3707
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, her successors and assigns, reserves the right to pave
with asphalt and use for purposes of a parking lot, any portion of
the easement in a manner that does not conflict, interfere with or
disturb the rights and uses of the Grantee described herein.
Grantor shall not cause or permit, by grading or filling, an
increase or decrease in the surface elevation of the easement area,
nor dig or drill any wells, or construct any fences, gates, posts,
chains, walls or other objects, which occupy or physically intrude
on the land without prior written approval of Grantee. No
additional structures or buildings may be constructed over the
easement by Grantor, her successors or assigns, unless
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, her 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 above.
Dated this ~/~/~q day of ~(,t~a~_ , 19~
Grantor:
[Signature of GRANTOR must be notarized.
Attach appropriate acknowledgment.]
3708
NOTARY ACKNOWLEDGMENT
State of California ) CAPACITY CLAIMED BY SIGNER
) ss
Individual
County of San Diego ) -- Corporate
Officer(s).
On June 22, 1999, before me, lrina Kushner, notary for the State Tkl¢(s)
of California, personally appeared ANNA V. DeLUCA, personally known _ Partner(s) -- Limited
to me (or proved to me on the basis of satisfactory evidence) to be the _ Aitomey,in-Fact-- General
person whose name is subscribed to the within instrument and acknowledged Guardia~Conservator
to me that she executed the same in her authorized capacity, and that by her ~ Other: Trustee
signature on the instrument the person(s), or the entity(ies) upon behalf of
SIGNER IS REPRESENTING:
which the person(s) acted, executed the within instrument, t~ of Person(s)or Entity(les)
WITNESS my hand and official seal.
r{ ~
§ig-nature 0f'N~Jtary/
q
3709
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 Grant of Easement for Drainage,
accepts the easement granted thereon, and consents to
the recordation thereof by its duly authorized officer.
Director of Engineering Services
3710
EXHIBIT "1"
A 15.00 foot wide public storm drain easement over portions of Lots 8, 9, 18, 19 and the
east half of Golden Road of Block "I" of Avocado Acres No. 5, in the City of Encinitas,
County of San Diego, State of California, as shown on Map No. 2130, filed in the office
of the County Recorder of San Diego County, September 19, 1928, more particulars as
follows:
Easement No. 1:
Said easement being 7.50 feet either side of the following described line:
Commencing at the northwest corner of Lot 9 of said map, thence southerly along the
westerly lot line S 1°57'16" W (S 1°13'28" W per map), a distance of 27.50 feet, thence
departing said lot line westerly, S 89°38'16" W, to the centerline of Golden Road per said
map to the true point of beginning, thence N 89°38'16" E a distance of 283.52 feet to
Point "A", thence continuing on said line N 89°38'16" E a distance of 22.53 feet to the
westerly right-of-way line of Gardena Road as recorded September 21, 1967 as File No.
144705, said point being the point of termination. The sidelines of said easement shall be
prolonged or shortened so as to terminate on the right-of-way line on Gardena Road.
Easement No. 2:
Said easement being 7.50 feet either side of the following described line:
Beginning at the above describe Point "A", thence N 21003'45" a distance of 68.76 feet
to the westerly right-of-way line of Gardena Road as recorded September 21, 1967 as
File No. 144705, said point being the point of termination. The sidelines of said easement
shall be prolonged or shortened so as to terminate on the right-of-way line on Gardena
Road.
Alan D. Archibald, RCE No. 21869
Expires 9-30-01