1995-462358Recording requested by: ) ~? ~'- ~: ~ ~ '~
', 1817 -
City of Encinitas ) .' ;'~-"'~"':
When
To:
City Clerk .
city of Encinitas I' --
505 South Vulcan Avenue {' ~\~'
Encinitas. CA 92024 ) ~pAcE ABOVE FOR RECORDER'S USE ONLY
DRAINagE EASEMENT DOCUMENTARY TRANSFER iAX $ ~
Assessor's Parcel Project: CMD95C
NO. 261-142-10 W.O. NO.: 0012-DR
Paul M. McNauchton. Trustee of the Paul M. McNau~hton Trust.
dated February 11. 1993
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 property for the installation, construction,
maintenance, repair, replacement, reconstruction and inspection of
an enclosed or unenclosed flood DRAINAGE channel and all structttres
incidental thereto, and for the flowage of any waters in, over,
upon or through said channel, together withthe 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
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 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.
TF/03/MS7-872wp5 1(01-03-95-7)
1818
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 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 ~/7 day of /~- ~ , 19 ~
x /
Grant~ ~
k_.../ 0__.../ -
Owner:
[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, Deed, Grant, or
Subordination Agreement, and consents to recordation thereof by its
Alan D. Archibald
Director of Engineering Services
TF/03/MS7-872wp5 2(01-03-95-7)
1819
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of ~:~-//'~ //'~,J~--(~
On -~J'"~ /q,~ before me,~,~Z~
Date Name and T}tle of Officer (e.g., ~Jane Doe, Notary Public")
personally appeared
Name(s) of/Signer(s)
[] personally known to me - OR .-~ved to me on the basis of~f.f~sfactory evidence to be the person(s)
whose name(~e subscribe~he within instrument
and ackn~d~ged to me tha hY..b_~e/they executed the
~ sa~ i i~___~er/their authorized capacity(les), and that by
~ ~ Randa GMilijour ~ is~__~er/their signature(s) on the instrument the person(s),
~j~j ___C._o~.?:_~10381~il ~ or the entity upon behalf of which the person(s) acted,
~1..1~ ~,w~.~C~co~.u~ ~ executed the instrument.
~ WITNFSS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
[] Individual [] Individual
[] Corporate Officer [] Corporate Officer
Title(s): Title(s):
[] Partner -- [] Limited [] General [] Partner-- [] Limited [] General
[] Attorney-in-Fact [] Attorney-in-Fact
[] Trustee [] Trustee
[] Guardian or Conservator [] Guardian or Conservator
[] Other: Top of thumb here [] Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
1820
EXHIBIT "A"
All that portion of Lot 42 in Block 3 of Cardiff, in the City of
Encinitas, County of San Diego, State of California, according to
Map thereof No. 1298, filed in the Office of the County Recorder of
said County, November 14, 1910, described as follows:
Beginning at the point of intersection of the Northerly line of
County Road Survey No. 1132 (San Elijo Avenue), a plat of which is
on file in the Office of the County Surveyor of San Diego County,
WITH the Southwesterly line of the alley that lies within said
Block 3; said point also being on the arc of a 120.00 foot radius
curve, concave Southerly, a radial to said point bears North
14°09'55'' East; thence Westerly 4.38 feet along the Northerly line
of said County Road Survey along the arc of said curve through a
central angle of 2o05'30'' to the TRUE POINT OF BEGII~-NING; thence
continuing 10.02 feet Westerly along the arc of said curve through
a central angle of 4046'59'', a radial to said point bears North
07o08'26'' East, thence North 6°21'50'' East 18.43 feet to the
Southwesterly line of said alley; thence South 30032'02'' East 16.66
feet, thence South 6°21'50'' West 5.66 feet to the TRUE POINT OF
BEGINNINg.
ML4437