1996-597450 RECORDED P~QUEST OF
FIRST AMERICAN TITLE ~
City of Encinitas 2~5-NOU-!996 1~.:~9
Recorded,
Mail
To:
City Clerk ! :~rc,
City of Encinitas
505 South Vulcan Avenue ~
Encinitas. CA 92024 SPACE ~OVE FOR ~CO~'S USE ONLY
DRAINAGE E~SEMENT
DOCUMENTARY TRAN~ERTAX$ ~
Assessor's Parcel Project:
No. 256-171-15 W.O. No.: ~-Z~o ~
DUANE U. DEVERILL, AS TRUSTEE OF THE DEVERILL F~IILY TRUST DATED 10/25'/90, TRUST 1.
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-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.
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(O1-03-95-7)
· ' 'The Grantee shall e the right to fence al r any portion of 1 84
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 day of , 19
//ntor: ~
[Signature of GRANTOR 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 Irrevocable Offer, Deed, Grant, or
Subordination Agreement, and consents to recordation thereof by its
Date: II- 4- ¢ By: -
Alan D. Archibald
Director of Engineering Services
TF/03/MS7-872wp5 2(01-03-95-7)
STATE OF CALIFORNIA }ss.
COUNTY OF "~tr~ 'LAc(v-~ }
, ~lty k~wn 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 to me that he/ohc/t~y executed the same
in his~er/t~ authorized capacity(~), and that by his/~r/thcir signature.~ on the instrument the
person(¢ or the entity upon behalf of which the persoQ~ acted, executed the instrument.
WITNESS my hand and official seal. .~ ~ LORIO. CAR~ :i
' ~ ~'~ COMM.~1069058
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008 (1'94) (General)
186
EXHIBIT "A" STORM DRAIN EASEMENT:
A_N EASEMENT FOR STORM DRAIN PURPOSES ACROSS THOSE PARTS OF THOSE
PORTIONS OF LOTS 25, 26, 27, 28, 29 AND 30 IN BLOCK 1 OF AVOCADO
ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791, ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 19, 1924
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER; THENCE ALONG THE SOUTHERLY LINE THEREOF,
SOUTH 88o52'57'' EAST, 228.30 FEET (SOUTH 88o52'50" EAST, 228.30
FEET PER DEED); THENCE LEAVING SAID SOUTHERLY LINE, NORTH
01007'03'' EAST, 40.00 FEET (NORTH 1°07'10'' EAST, 40.00 FEET PER
DEED); THENCE NORTH 88052'57'' WEST, 112.90 FEET (NORTH 88o52'50"
WEST, 113.04 FEET PER DEED); THENCE NORTH 12057'27'' WEST, 837.14
FEET (NORTH 12°57'20 WEST PER DEED)TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 12o57'27'' WEST, 8.38 FEET; THENCE NORTH
16015'25'' WEST, 13.18 FEET; THENCE NORTH 53°11'16'' EAST 187.12
FEET; THENCE SOUTH 67°10'25" EAST, 20.40 FEET; THENCE SOUTH
5020'29'' WEST, 20.97 FEET; THENCE NORTH 67010'25'' WEST, 15.24
FEET; THENCE SOUTH 53°11'16'' WEST, 183.67 FEET TO THE TRUE POINT
OF BEGINNING.
' EXHIB/T "B"
187
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