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2000-254884 000-0 0 884° ' ' Recording reques ,: DOC · Citl~ of Encinitas ~4~Y 16 ~ 2000 z~: 5? P~"'~ ~en Recorded, Mail To: OFFICIAL ~ECO~DS 10241 .... KE.~U~DER ~ OFF,CE city Clerk ~RESORY J. SNiTH, COUNTY city of Encinitas FEES: 505 South Vulcan Avenue OC:' ~l /~(~ D~INAGE ~E~ 2000-0254884 5eez- Assessor' s Parcel Proj ecg: ~ No. 254-613-04 W.O. No.: TM 94-066 Encinitas Ranch Golf Authority, a Joint Excercise Powers Aqency duly orqanized and existin~ under the laws of the State of California 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(01-03-95-7) 10242 The Grantee shal~ave the right to fence 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 ~ day of ~~ , 19~__~ Gran~ [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 duly authorized officer. Alan D. Archibald Director of Engineering Services TF/03/MST-872Wp5 2(01-03-95-7} 10243 CALIFOIINIA ALL-PURPOSE ACKNOWLEDGMENT State of (::~ L- County of ~ ~ ~ ~(,.9..'~ ~. ~ ~ ' pe~nal~ appeared ~. E ~ ~ ~ ~e~onally known to me - OR - ~ proved to me on ~e basis of ~tisfa~o~ evidence to ~ the pemon(s) ~ name(s) i~are sub~dbed to the within inst~ment and acknowledged to me ~at h~sh~ey execut~ the same in hi~erAheir au~odz~ ~aci~(ies), and that by hi~erAheir signature(s) on the inst~m~t the pem~(s), ex~uted the inst~ment. ~~ ~ WITNESS d and offi~l seal OP~ONAL ~ ~ in~a~ ~low ~ n~ ~ ~ ~ ~ ~y p~ v~a~ ~ ~s ~g ~ ~ ~t ~d ~v~ f~ul~t ~ ~ ma~a~t ~ ~ f~ ~ ~o~er ~t, ~scription of Affached D~ument ~tle or T~e of O~ument: ~ ~:~ ~ ~cument Date: Number of Pages: Signer(s) Other Than Named Above: A Capaci~(ies) Claimed by Signe~s) Signer's Name: ~ ~ ~D~ Signer's Name: ~ Individual ~ IndMdual ~ Corporate Officer , ~ ~ Co.orate Officer ~tle(s): ~A~ ~tle(s): ~ PaAner -- ~ LimRed ~ General ~ Pa~er -- ~ Limited ~ General Q Aaomey-in-Fact ~ A~omey-in-Fa~ ~ Trustee ~ Trustee ~ Guardian or Conse~ator ~ Guardian or Con~ator ~ O~er: Top ol Ihumb here ~ Other: Top ~ ~umb here Signer Is Representing: Signer Is Representing: EXHIBIT "A" 1 02 ~ 4 LEGAL DESCRIPTION FOR STORM DRAIN EASEMENT A strip of land 30.00 feet wide, over that portion of Lot 57 of Tract No. 94-066 in the City of Encinitas, County of San Diego, State of California recorded September 4, 1996, as Map No. 13356 Records of said County, lying 15.00 feet on each side of the following described centerline: Beginning at a point on the Easterly line of Quail Gardens Drive distant Southerly 2.36 feet along a curve concave Westerly having a radius of 586.00 feet through a central angle of 0°13'50'' from the Northerly terminus of the course shown on said map as "Delta = 23°16'20", R -- 586.00', L -- 238.02'" along said Easterly line, a radial line to said point bears South 79o55'06" East; thence non-tangent from said curve, South 82023'07'' East 79.40 feet. The sidelines of said strip shall be prolonged or shortened so that they terminate on said Easterly line. As more particularly shown on Exhibit "B" attached hereto and made a part hereof. f :~ory S. Williaml Exp. 12/31/99 No, 6654 x.. Rory S~Williams, L.S. No. 6654 License Expires: December 31, 1999 February 3, 1999 Page 1 of 1 W.O. 1774-21X H&A Legal No. 4667 Prepared By: H. Foss Ck'd By: R. Williams/ti " .0245 I EXHIBIT "B" I Sketch to Accorapw~y £eg~t Descripl~.o~. /~' I QUAIL , / I , / LICENSE EXPIRES: 12-~1-99 "~" ~:~ i:: ~"; "~" ~'-.~ '"~ / / ~ ~ PER TR 94-066 / /  HUHSAKER & ASSOCIATES EASEMENT I R V I N E I N C FOR STORM DRAIN EASEMENT ~*~02-03-99 o*~ 4-13-99 ~ H, Foss i ~ V, Edge SCALE: 1"=200' W.O. 1~4-21X l: ~1774-21~LD~4667~SH~01,D~ ~ NONE H&A LEGAL No. 4667 SHEET 1 OF 2 EXHIBIT 'B" Sketch to Accornpany Legal Description CiTY OF CARLSBAD SITE VICINITY MAP NO SCALE HUNSAKER & ASSOCIATES EASEMENT I P. v I N E m N C FOR STORM DRAIN EASEMENT PLANNING ~NCINEERINC SUP. VEYINC ~ Hu~ · I~ CA 92618 · Pf~ (949) 583-1010 · F~ (949) 583.0759 IN THE CITY OF ENCINITA~ COUNTY OF ~AN DIEGO, STATE OF GALIFORNIA OATi~: REV. 4--15--99 H. FOSS c~',~V. Edge I I 02-03-99[ o,,~ I .o,~ .~ SCALE: 1"=200' W.O. 1774-21X I: \1774- 21 \LD\4667\SHT01.DWG LOG ,. NONE H&A LEGAL No. 4667 SHEET 2 OF 2