2000-615387City of Encinitas ) NOV 13, 2000 4: 59 PM
)
OFFICIO. RECOPJ)8
When Recorded Mail to: ) ~ DIEGO COL~TY RECORDER'S OFFICE
City Clerk ) GREGORY J. SMITH, COUNTY RECORDER
City of Enciultas ) FEES: 0.00
505 South Vulcan Avenue ) DC:
Encinitas, CA 92024 )
)
FOR ~ BENEFIT OF ~ CITY )
sP^cE CO ,ER'S USE ONLY
~ p/,. o/ DRAINAGE EASEMENT
Assessor's ?arcel No. 258-111-1S Project No.: 99-2'/0 MIN/DI~WCDP
W.O. No.: 64'/0-0
Hugh Fm~r Elliot and Ann Re~rdon Elliott
her~in~er designated Or, tot(s) do(es) h~reby l~mt, bargain, convey and rele,~ unto the City of
Encinitas herein designated Grantee, its successors and assigns, a perpetual easement and right-off
way upon, through, trader, 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 fight-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. 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
gmntsdesmt.doc I
be responsible or operating, maintaining, and keeping in good repair the above described works of
improvement.
The Grantor, his successors and assigns, reserves the fight 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 fight 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 Gr4ntee, its successors and assigns, of the fights and privileges
herein granted.
Datedthis ,~/4~'~dayof ~/~_.~.~ ,2000
Hugh Fraser Elliott Ann Reardon Elliott
Signature of Owners to be notarized.
Attach the appropriate acknowledgments.
This is to certify that the interest in real property conveyed by deed or grant to the City of
Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the
City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City
Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: /]-2 · tOD
Alan D. Archibald
Director of Engineering Services
City of Encimtas
grantsdesmt.doc 9
CALIFORNIA ALL-PURPO~E ACKNOWLEDGMENT
State of CW.I'
County of .~/~J JO
On ~ ~?, ~0 before me, ~ ~'
personally appeared ~ ~ ~/1'~ ~0 ~
~ personally known to me - OR - ~ proved to me on the basis of satisfacto~ evidence to be the pemon(s)
whose name(s) i~are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his~edtheir authorized capacity(ice), and that by
his/her/their signature(s) on the instrument the person(s),
I --~ -- ;A;~ ~ ;U;C7 --; executed°r the entitYthe upOninstrument.behalf of which the person(s)acted,
! ~ Comm~n ~ 1155~95 ~ '
~ ~ Son D~o Coun~ [ WITNESS my hand and official se~
OPTIONAL ..
~h the inf~rmati~n be~ is n~t r~ir~ ~y ~aw~ i~ may pr~ve va~uab~e t~ ~ers~s re~ng ~ the d~cument and ~u~d prevent
fraudulent removal and fea~achment of. this fo~ to another d~ument, ·
Description of A~ached Documen~ :,, . '
Document Date: / b~ - 00 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
~ Individual ~ Individual
g Co~orate Officer ~ Co~orate Officer
~tle(s): ~tle(s):
~ Padner-- ~ Limited g General ~ Pa~ner-- ~ Limited g General
O A~orney-in-Fact ~ Afforney-in-Fact
g Trustee ~ Trustee
~ Guardian or Conse~ator ~ Guardian or Conse~ator
~ Other: Top of thumb here ~ Other: T~ of thumb here
Signer Is Representing: Signer Is Representing:
EXHIBIT 'A'
That portion of real property in the City of Encinitas, County of San Diego, State of California,
as described in the deed to Fraser & Anne Elliot recorded June 30, 1999 as Doc # 1999-
0454662, in the office of the Recorder of said County, described below as follows:
BEGINNING at the most northerly corner of land described in said deed;
1. thence South 75°51 '46" West 47.90 feet to the beginning of a tangent curve concave
southeasterly and having a radius of 100.00 feet;
2. thence southwesterly along said curve through a central angle of 33030'32'' a distance
of 58.48 feet;
3. thence South 42°21 '14" West 67.00 feet to the southwesterly boundary of said deed;
4. thence along said boundary South 55012'28'' East 17.51 feet;
5. thence leaving said boundary North 38°18'41" East 58.71 feet to the beginning of a
tangent curve concave southeasterly, having a radius of 87.00 feet and being
concentric with the curve in course (2);
6. thence northeasterly along said curve through a central angle of 39°47'41" a distance of
60.43 feet;
7. thence South 27035'44'' East 14.73 feet to the beginning of a tangent curve concave
northeasterly and having a radius of 43.00 feet;
8. thence southeasterly along said curve through a central angle of 33°44'11" a distance
of 25.32 feet;
9. thence South 61 °19'55" East 15.28 feet to the easterly boundary of said deed;
10. thence along said boundary North 2°04'33'' East 16.77 feet to a line being 15.00 feet
northeasterly and parallel with course (9);
11. thence along said parallel line North 61°19'55" We~t 7.77 feet to the beginning of a
tangent curve concave northeasterly, having a radius of 28.00 feet and being concentric
with the curve in course (8);
12. thence northwesterly along said curve through a central angle of 33°44'11" a distance
of 16.49 feet;
13. thence North 27°35'44'' West 11.21 feet to a line being 13.00 feet southerly and parallel
with course (1);
14. thence along said parallel line North 75°51 '46" East 25.30 feet to the easterly boundary
of said deed;
15. thence along said boundary North 2004'33'' East 13.54 to the POINT OF BEGINNING.
The above described parcel of land contains 2,986 square feet, more or less.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature: '~'~'~ ~ ~
Dan Hooper, LS 7249
License Expires 12/31/00
Date: October 17, 2000
· ' ' EXHIBIT'B'
.~.~~ POINT S1c` OF
':; - ~ NEW STOR~ DRNN EASEMENT
' ~ APN 258-111-15
ROS 11229
0 10~~ ....'"'""-'-'~CENTERLINE OF RS 458-66
SCALE: 1 "= 20'
Coz]way & Associates, ];no. Telephone (760) 753-1453 SHEET 1 OF