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1999-621906 ~ecor~ing Re~ested by: ) C~ty of Encinitas ) ~en Recorded, Mail to: ) ~7 ~ DIE~ ~TY ~DER'S ~FEE city Clerk ) City of Enolnltas ) FEES: 0.~ 505 South Vulcan Avenue ) For the beneflt of the Clty ) ) SPAC FLO~gE Assessor's Parcel Project No. No. 262-062-16 ~P ~8-264 Cardiff, CA, Congregation of Jehovah's Witnesses, Inc. hereinafter designated Grantor(s), for a valuable consideration do(es) hereby grant, bargain, sell, convey and release unto the City of Encinitas herein designated Grantee, its successors and assigns, a perpetua! easement and right-of-way for theFLOWAGE of waters over, upon and across the hereinafter described lands, together with the right to convey said easement, or any portion thereof, to other public agencies, said lands being more particularly described as follows: See Exhibit "A" attached hereto and made a part thereof by this reference. 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. TF/HZ/PW3-133wp5 (01-03-95-4) · '1698 In Witness Whereof, the this J'~ GrantOrday ofhas executed~v~_ this instrument, 19~3' on Date Signature of GRANTOR must be notarized. Attach the appropriate acknowledgement. I This is to certify 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 that the City of Encinitas consents to the foregoing Subordination Agreement and consents to recordation thereof by its duly authorized officer. Alan D. Archibald, P.E. Director of Engineering Services TF/HZ/PW3-133Wp5 (01-03-95-4) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On D pemonally known to me - OR -~ov~ ~ me on ~e bas~s of satisfa~o~ evidence to ~ the pe~ whose name~ i~ sub~Hbed to the within in~ument a~ ac~owledged to me ~at h~y executed ~e same in hi~r au~oHz~ c~aci~), and ~at by ~ Comm~ss~o~ ~ ] ~32 [ or the enti~ upon behalf of which the person~ amed, ~ ~ No~o~ PuD~C - Col~f~ni~ ~ executed the instmm~t. ~ ~ My Comm. ~dre~ Aug 4, ~ ~ WITNESS my hand and official seal. ~scription of Aflached D~ument T~le or Type of D~ument: Document Data: Number of Pages: Signer(s) ~her Than Named Above: Capaci~(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ~ Individual ~ Individual ~ Co.orate Officer ~ Co~mte ~icer ~tle(s): ~tle(s): ~ Pa~ner ~ ~ LimEed ~ General ~ Pa~er ~ ~ Limit~ ~ General ~ Aaomey-in-Fact ~ AEomey-in-Fa~ ~ Trustee ~ Trustee ~ Gua~ian or Conse~ator ~ Gua~ian or Conse~ator ~ O~e~ Top of th~b h~e ~ Other: ~op ~ thumb here Signer Is Representing: Signer Is Representing: EXHIBIT "A" LEGAL DESCRIPTION 1700 AN EASEMENT FOR DRAINAGE PURPOSES OVER, UNDER, ALONG AND ACROSS TRAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE NORTHERLY LINE THEREOF IqORTI~ 89o57'37,, EAST, A DISTANCE OF 179.05 FEET; THENCE SOUTH 52°47'12'' WEST, A DISTANCE OF 22.18 FEET; THENCE SOUTH 08°37'01'' WEST, A DISTANCE OF 32.03 FEET; THENCE SOUTH 59°15'59'' EAST, A DISTANCE OF 50.43 FEET; THENCE SOUTH 25~20'11'' EAST, A DISTANCE OF 55.86 FEET; THENCE SOUTH 11°47'35'' EAST, A DISTANCE OF 49.61 FEET; THENCE SOUTH 43~22'29'' WEST, A DISTANCE OF 23.97 FEET; THENCE NORTH 88°58'32'' WEST, A DISTANCE OF 48.42 FEET; THENCE NORTH 54~59'52'' WEST, A DISTANCE OF 14.85 FEET; THENCE NORTH 60°34'41'' WEST, A DISTANCE OF 28.19 FEET; THENCE SOUTH 01°01'28'' WEST, A DISTANCE OF 99.73 FEET; THENCE SOUTH 23°01'57'' EAST, A DISTANCE OF 87.47 FEET; THENCE SOUTH 00~14'20'' WEST, A DISTANCE OF 10.19 FEET; THENCE SOUTH 35~43'05'' WEST, A DISTANCE OF 9.76 FEET; THENCE NORTH 89"17'55'' WEST, A DISTANCE OF 163.24 FEET; TO THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID LINE; NORTH 00°39'28,, EAST, A DISTANCE OF 360.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY RIGHT-OF-WAY OF EL CAMINO REAL AS DESCRIBED IN DOCUMENT RECORDED APRIL 6, 1967, AS FILE NO. 47461 OF OFFICIAL RECORDS. l~I-lmIT "A~ I~-BHC I~_X)WAGE K~.S~ 1 7 01 NW.COR.OF S~t/4 OF SW~/4 NWiX4 OF SWIX4SEC 24  POB. N89'57'37"E ~79.05' ~,= ~ ~.o~--~~ ;,~ -- I ~ 32.03 Z I~ ~ N88'58'32"~ ~ "~ 48 42' / ~ ~ .......... ~ ~ APN, 262-062-16 soo'~ ~,o"~ ~00.24' ~ iO. i9 ~ S89'~7'55"~ i63.24' S35'43'05"W 9.76' POR SW~X4 OF SW~k4 SEC 24 PE 794