2001-48803 Recording Requested 'r~JlJ L'
City of Encinitas
OFFZCZAL RECORDS
When Recorded Mail to: S~N ~ZE6O COUNTY RECOR[~ER'8 OFFICE
City Clerk uR:G.tR, .i. SHIi'H, COL!NT¥' ,,~UOKDER
City of Encinitas FEES:
505 South Vulcan Avenue
Encinitas, CA 92024
FOR THE. .~EFIT OF THE CITY ISPACE ABOVE FOR RECORDER'S USE ONLY
~ ~ '~¢'¢1 DRAINAGE EASEMENT
Assessor's Parcel No. Project No.: DR 96-217, 5388G
261-061-12-00 W.O. No.:
Russell M. DePhillips and Fredric J. Milberg, hereinafter designated Grantors do
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 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 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-
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 agencies.
Grantor to retain right to approve all changes to flood drainage channel and to
designate material and design used for flood channel cover. City to notify Grantor in
writing 30 days prior to any changes or repairs.
Grantors to notify City of any objection to proposed changes or repairs ensuing
within 15 days of receipt of notice.
The real property referred to herein above 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,
The Grantee, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above described works of improvement.
Drainage easement l 1-20-00 bak i
The Grantor, his succ rs and assigns, reserves the ri 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 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 Granter 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 ~c~ ~ day of 1/~/~///.,~'~'~ , 2000.
G~m~ De PhjJ~ip~r.~_/~ ~ _~, _.
Signature of Owners to be notarized.
Attach the appropriate acknowledgments.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution No. 94-107 of said Council adopted on November 9, 1994
that the City of Encinitas accepts and consents to the making of the foregoing
DRAINAGE EASEMENT Dedication and consents to recordation thereof by its duly
authorized officer.
Alan'~D. Archibald
Director of Engineering Services
City of Encinitas
Drainage easement l 1-20-00 bak 2
EXHIBIT "A"
The property referenced by this agreement is described as follows:
The Northwesterly 4.00 feet, measured at right angles from the Northwesterly line of
Lot 34, in Block 30 of Cardiff, according to Map thereof No. 1298, filed in the Office
of the County Recorder of said San Diego County, November 14, 1910.
Drainage easement 11-20-00 bak 3
CALIFORNIA ALL-PURPC~ ACKNOWLEDGMENT
State of
County of o
On /(j,,/~,.(~,~oO before me, ~; ~ ~y
personally known to me - OR - ~ proved to me on the basis of satisfamo~ evidence to be the perso~
whose nam~ J~subscribed to the ~thin instrument
and acknowledge me lhaJ h~sh~executed
same in~he~lhe~a~horized capacity, and
hi~he~i~r~n Jh~ inst~ment me perso~
or the enli~ upon behalf of which lhe perso~ acted,
~ C0mm. J 1~880
)~gJ ~ NOTARYsan PUBLIC-CALIFORNIADiegO County ~ ~ WITNE~~~I.. ·
OPTIONAL
~ugh ~e in~a~on below is ~t requir~ by law, it ~y ~ valu~e to ~ns ~ing ~ the ~ument and ~uld prev~t
~ulent removg ~d ma~achment of this ~ to ~o~er ~u~nt.
Description of A~ached Document
~tle or Type of Document: ~2~4~ ~
~ument Date: ~ ~ ~, ~ ~o Number of Pages:
Signer(s) Other Than Named Above:
Capaci~(ies) Claimed by Signer(~
~ndividual ~' Individual
~ Co.orate Officer '~'Co~orate Officer
~tle(s): Title(s):
g Pa~ner-- ~ Limited ~ General g Pa~ner ~ g Limited g General
g AEomey-in-Fact g Attorney-in-Fact
g Trustee g Trustee
g Guardian or Conse~ator g Guardian or Consewator
g Other: g Other:
Signer Is Representing: Signer Is Representing: