1991-664097 Recording requested by: ~ir=~ ~-
City of Encinitas ....... - '-
When recorded, mail to:
City Engineer
City of Encinltas
527 Encinitas Boulevard
Encinitas, CA 92024
SPACE
For the benefit of the City ABOVE FOR RECORDER'S USE ONLY
DRAINAGE EASEMENT AND MAINTENANCE AGREEMENT
Assessor's Parcel Project
No. 254-040-30 W.O. No.
Log No. 149-12
In consideration for the City of Encinitas agreeing to repair,
maintain, replace, reconstruct and inspect such channel in
perpetuity, Arlene C. Mattioli, hereinafter designated Grantor(s)
do(es) hereby grant, bargain, convey and release unto the City of
Encinitas herein designated Grantee, its successor and assigns, a
perpetual easement and right-of-way upon, through, under, over and
across the hereinafter described real property for the maintenance,
repair, replacemen:, z~~-~'J~n and inspection of a~ enclosed
or unenclosed flood D~ ~h~el and all structures incidental
thereto, and for th& ~owage 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
successor 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:
The Northerly 3 feet of the Southerly 50.00 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 of San Diego, State of California, according to
official plat thereof, described as follows:
BEGINNING AT A POINT ON THE WESTERLY LINE 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 DIEGO
COUNTY, DISTANT THEREON NORTH 19~26'45'' WEST 229.43 FEET FROM A
POINT OF INTERSECTION OF THE WESTERLY PROLONGATION OF THE
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CENTERLINE OF GRANDVIEW STREET, WITH SAID WESTERLY LINE OF NEPTUNE
AVENUE, AS SAID STREETS 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 21006'45`' 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 19026'45''
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.
Following its obtaining the required permits, 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. Grantee shall use its best
efforts to construct such fencing in a fashion not to block
Grantor's ocean and beach views. Furthermore, the Grantee, its
successors and assigns, shall obtain the prior approval of Grantor,
her successors and assigns, of plans and specifications for any
such fence to be installed by Grantee or its successors or assigns.
Prior to exercising its 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, Grantee or such successors or assigns shall
give Grantor, or her successors and assigns, five (5) days prior
written notice. In exercising such right of removal, Grantee and
its successors and assigns shall use their best efforts to minimize
the damage to the property, both real and personal, of Grantor or
her successors and assigns.
Grantee, and its successors and assigns, agrees to indemnify and
hold Grantor, and her successors and assigns, and the property of
Grantor, free and harmless from all liability for any debts,
obligations or claims arising out of or connected with any injury
or damages due to the negligence or intentional acts of Grantee or
its successors and assigns in exercising its rights under the
drainage easement, including any attorney's fees and court costs
incurred in connection with the defense of said claims.
Except in the case of an emergency, Grantee and its successors and
assigns shall give Grantor and her successors and assigns at least
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two (2) days prior written notice before entering upon the property
burdened by this easement. Grantor and her successors and assigns
shall at all times permit Grantee and its successors and assigns
reasonable access to the property for the purposes granted in this
easement.
The 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 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.
Dated this /~day of ~ , 1991.
Owner
[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.
Date [7~l~I By: ~~ ~ER~, Ci~-
WARREN H. SHAF Manager
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