2002-478511; RECORDED REOUES*OF
' FirstAmerican Title y:
City of Encinitas J~N O~, '--~ -~'
When Recorded Mail to: S~ D~EG8 COUNIY REC,~D~E~," "~ ® ~ ' ~* "u~F~t,~:'"'
City Clerk
City of Encinitas 00~ GREGORY ,~. SHITH, ""' ~ "~-'~'
FEES:
505 South Vulcan Avenue ~;:
Encinitas, CA 92024
Assessor's Parcel No. ~roject No.: 01-09~
258-32~-12 W.O. No.: 7344-G
PAULINE JORDAN, A MARRIED WOMAN AS HER SOLE AND SEPARATF
PROPERTY, hereinafter designated Grantors do 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 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 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 herein above 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 D_ND MADE A PART HEREOF BY
THIS REFERENCE,
The Grantee, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the above-described works of improvement.
Drainage easement JORDAN 00-096 1
09924
Yhe Grantor, his successors and assigns, reserves the right to enclose in a manner
approved 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 .~L~ day of ~/~4:!~C_~ , 2002.
Gran r: P~uli6e Jori. an /~
Signature of Owners to be notarized.
Attach the appropriate acknowledgments.
I certify on behalf of the City Council of the City of Encinitas, pursuant to authority
conferred by Resolution No. 94-107 of said Council adopted on November 9, 1994
that the City of Encinitas accepts and consents to the making of the foregoing
DRAINAGE EASEMENT Dedication and consents to recordation thereof by its duly
authorized officer.
Leroy
Director of Engineering Services
City of Encinitas
Drainage easement JORDAN 00-096 2
A'LL-F~RPOSE ACKNOWLEI~MENT
State of California
$$
County of San Diego
Ncal
Ganz
personally appeared
[] personally known to me - OR - ~ proved to me on the basis of satisfactory
evidence to be thc person(s) whose name(s)
is/are subscribed to the wi'thin instrument and
acknowledged to mc that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
NEALGANZ ~ or the entity upon behalf of which the
NOTARY PUBLIC-CALIFORNIA~
~ CO~M. NO.I~09~5 ~- person(s) acted, executed the instrument.
~ ~,~/ SAN DIEGO COUNTY ·
~ MY COMM, EXP, JULY '[6, 2005/
WITNESS my hand and official seal.
OPTION.~ INFORI~TION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
[] PARTNER(S)
[] ATTORNEY-IN-FACT NUMBER OF PAGES
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
[] OTHER:
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PErSON(S) OR ENT~TY¢IES )
OF
SIGNER
APA 5/99 VALLEY~IERRA, 800-362-3369
009926
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTHERLY 5.00 (FIVE) FEET MEASURED AT RIGHT ANGLES TO THE NORTHERLY
LINE OF THE FOLLOWING DESCRIBED PROPERTY:
LOT 5 IN BLOCK 10A OF STURGES AND RATTON'S SUBDIVISION OF EAST BLOCK 10 OF
ENCINITAS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, MARCH 19, 1887.
ALSO THAT PORTION OF THE WEST 10 FEET OF DE WITT AVENUE LYING EAST OF AND
ADJACENT TO SAID LOT, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF
THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, A CERTIFIED COPY OF WHICH
WAS RECORDED SEPTEMBER 15, 1949, IN BOOK 3319, PAGE 345 OF OFFICIAL RECORDS.