1991-664096 Recording reques by:
City of Encinitas
When Recorded, Mail To:
City Engineer
City of Encinitas
527 Encinitas Blvd.
Encinitas, CA 92Q24 SPACE ABOVE FOR RECORDER'S USE ONLY
For the benefit of the City
D~INAGE EASEMENT
Assessor's Parcel Log No.:
No. 254-040-29 Project: ~/~
W.O. No.: _~/~
ROBERT H. JOSEPH, Trustee and THOY~S P. COTTER and F~RIE T. COTTER,
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 perpetua], easement and
right-of-way upon, through, under, over and across the hereinafter
described real property for the maiEtenance, 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 J.n, over, upon or through said channel,
together with the perpetua] right to remove buildings, structures,
t.rees, bushes, undergrowth, and aqy other obstruction interfering
with the use of saJ:d easement an~ i[~ight-of-way by the Grantee, its
successors or asslgns. To b~/~ ~n~ to hold said_ easement and
~g~ll-o~-way unto l~;self ....... ~ .
~..'!!~ 2,.~.~AJ.~ ::::~rs an~i assigns
forever togethe]- w~ ti-, ~ne -- - - --'
............ ~-9n~ '~ ~Lvey . ~:.~d easement, or any
portion of said easement, to other pub.[i:~
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:
The Southerly 7.50 feet of the Northerly 50.00 feet of the
Southerly 100.00 feet of that portion of Lot 2 in the
Northeast Quarter of Section 5, Township 13 South, Range 4
West, San Bernardino Base and Meridian~ in the City of
Encinitas, County ef San Diego~ State of California, according
to Official Plat thereof~ described as follows:
Beginning at a point on the Westerly ]ine of Neptune Avenue
as said Avenue is shown on Map No. 2078 of the SOUTH COAST
PARK No. 5, filed November 21, 1927 in the Office of County
Recorder of San Dj. eg'o County, distant thereon North 19°26,45''
West, 229.43 feet from a point of intersection of the Westerly
prolongation off tb.e centerlime of Grandview Street, with said
TF/04/MS7-893~p5 1(5--1-~$9}
288
Westerly Neptune Avenue, as are shown
said Map No. 2078~ said point of beginning being further
identified as the most Easterly corner of land described in
Deed to Marguerite H. Gilbert, dated September 10, 1942
recorded September 23, 1942 in Book 1393, Page 399 of official
Records of Said County; thence South 70°33'15'' West, 193.63
feet more or less along the Southerly line of said Gilbert
land to a point on the Easterly line of the land described in
Deed to the County of San Diego, dated January 10, 1930 and
recorded in Book 1731, Page 254 of Deeds, Records of said
County; thence South 16°59'40'' East, 273.34 feet along said
Easterly line to a point; thence South 21°06'45'' East, 76.94
feet to the most Westerly corner of land described in Deed to
Herbert R. Hall, et ux, dated May 8, 1934 recorded May 11,
1934 in Book 290, Page 315 of Official Records of said County;
thence North 70°33'15'' East, 203.08 feet more or less along
the Northerly line of said Hall land to a point on said
Westerly line of Neptune Avenue; thence North 19°26'45'' West,
350 feet more or less along said Westerly line to the point
of beginning as per Record of Survey Map No. 1116, filed in
the Office of County Recorder of San Diego County, July 24,
1944.
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 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 it~~ ~ccessors and assigns.
In granting its approval thc .~a.n~. i~ ~cc~ssors and assigns,
may impose reasonable conditions including~ buu not limited to, the
filing by the contractor or Grantor of an adequate performance bond
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.
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289
Dated this ~ay of , 19
Successo~ruste~m~of the Joseph
F ami 1~ r~s t~ 1/
by: ~_~./~__~Y~'~'g
~obert Pe~tijohn
[Acknowledgement of Execution of Owner must be attached]
I certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution of said Council
adopted on July 27, 1987 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.
,9-e4~ By:
(IndiWdual) ~* ~ 0 WARREN SHAFER, City ger
Said, ,~.
PrOved ~o ~ , ~
the ~ e on the ~ · ~crson~ly a Nora~ Public in
for
CUred the ~ u~cnr and ack~ SUbsc--~ncc ~o be
WITNE~ ~ame. "°Wledged rh~t '~l°fd to the
S~gnarure
~[LY CHILDERS ~ personally known to me
~ P~ ~TARY PUBLIC ~tFORNIA ~ proved to me on *h - ·
~ e Desks of satisfa~t~y evidence
---~ to be the person(s) whose name(s) ~ subscribed to the
i w,t~,~ Instrument, and acknowledged that ~ .... executed it
" ~ WITNES~ my hand and of~cial seal. ~ ~
Notary s Signatu~
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