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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