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