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1997-414921 1997-04!4921 AUG Recording requested by: ~FFICiAL ~7 "~ '~ 1 ~ ~ ~ SAN DIEGO COlIHTY R_~DtKF~n~ .-~"~ OFF~CE oity of ~noinilas z ' ~ - ~o=~ ~ECORDER ,. FF~q: 0.00 When re~ed mail to: City of Encinitas 505 South Vul~n Avenue Encinitas. CA 92024 SPACE ABOVE FOR RECORDER'S USE ONLY IRREVOCABLE OFFER TO DEDICATE R~L PROPER~ FOR D~INAGE EASEMENT Assessor's Parcel Project:~ No. 259-560-78 W.O. No.: 4752 G HICKORY HILL LIMITED, A CALIFORNIA LIMITED PARTNERSHIP 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 properly 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 dght 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 dght 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 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 approved by the Grantee, its successom and assigns, any portion of an enclosed 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. bp5499 There is reserved to the Grantor, hfs 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. Grantor, for himself, his successors and assigns, hereby waives claim for any and all damages to Owner's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said Public Right-of-Way. This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by City. This Offer of Dedication may be terminated and the right to accept the offer may be abandoned in accordance with th3 summary vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by City. This Offer of Dedication shall be irrevocable and shall run with the land and be binding upon and inure to the benefit of future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. At time of acceptance of this offer any and all trust deed(s) and easement(s) shall be subordinated to this Offer of Dedication. Dated this Grantor:.~ [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, and cor~¢nts to recordation there~ by its..~duly authorized officer. !~~ Date: ~- ['~'-~'~ By: Alan D. Archibald Director of Engineering Services bp5499 · AMER/c, 51 39 STATE OF CALIFORNIA . }ss. COUNTY OF -.._~O..¢X .~-~ } personally appeared ' ~-, i,.~.5. I~C~r',gr6'~ ~ , pe,~y know,$ to mc,- ~ proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s~are subscribed to the within instrument and acknowledged to me thal~/she/they executed the same inOher/their authorized capacity(ies), and that b~her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SignatE~~-~_ ~ .~~ ~ ~ KELLY J. HYATT ~ Corm #1024987 Title of Document ,~3.~OT,,q¢__.~ Date of Document I('XO ~"~o._~ Other signatures not acknowledged 3008 (194) (Generall First Amorlcar! Trtle Jns~rance Company LEGAL DESCRIPTION: Drainage Easement to City of Encinitas THE SOUTHERLY 10 FEET OF AND THE SOUTHERLY 57.2 FEET OF THE WESTERLY 10 FEET (BEING MEASURED ALONG THE WESTERLY LOT LINE) OF PARCEL 4 OF PARCEL MAP NO. 15564, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 9, 1989.