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1987-355267.~ ~CORDI~GREQUESTED ~' ]$? 355267 ~H~ RECORDED, PLEASE 1 ,.THIS I~STRUMENT TO: 1 ---~...~..~..~ .---- City Clerk 1 ;~ ': :~:~:~ ':!~h~?. City of Encinitas 1 535 Encinitas Blvd., Suite 100 1 t~[ JU~ mE A~ 8:28 Encinitas, California 92024 1 1 J VE~A [. LYLE J NO TRANSFER TAX DUE 1 SPACE ABOVE DRAINAGE Assessor's Parcel Project: TM4579-1 No.255-040-54 W.O. No.: TE2941 Parcel No.: 87-0187-A Log No.: 226-01 NORTHVIEW PROPERTY OWNER'S ASSOCIATION, a California non-profit mutual benefit corporation hereinafter designated Grantor(~) do(es) hereby grant, bargain, convey and release unto 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 structures incidental thereto, and for the flowage 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 easemen% and right-of-way by the Grantee, its successors or assigns. To have and to 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 County of San Diego, State of California, and is particularly described as follows: Parcel No. 87-0187-A (05-12-87) (ENG:DMW:po) A 12.00 foot wide strip of land lying within a portion of Lot 416 of COUNTY OF SAN DIEGO TRACT NO. 4304-9, in the City of Encinitas, County of San Diego, State of California according to Map thereof No. 11172, filed in the County Recorder's Office of said County, the sidelines of said strip lying 6.00 feet on each side of the following described centerline: Commencing at the most Northerly corner of said Lot 416, from whence the Northwesterly corner of said Lot bears South 87'31'39" West, 999.96 feet (South 87'30'36" West per said Map); thence South 87'31'39" West, along the Northerly line thereof 114.28 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly line South 64°34'31'' East, 103.33 feet to the centerline of an existing drainage easement dedicated and accepted on said Map No. 11172 AND the POINT OF TERMINUS. The sidelines of said strip shall be prolonged and/or shortened to terminate Northwesterly in said Northerly line of Lot 416 AND Southeasterly in a line that bears South 25'25'29" West through the POINT OF TERMINUS. -,~*Th% Grante~ shall have ight to fence all or any ~ 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 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 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 an~rivileges h ' ereln granted. Executed this II~r~ day of _~ ~ 19~. NORTHVIEW PROPERTY OWNER'S ASSOCIATION~ a~ornia non-profit mutual benefit corporation CORPORATE ACKNOWLEDGMENT ~ - - ~ personally known to proved to me on the basis of satisfactor ev ~/~ / ~ · ::'~ oxe~ted the within instru ~ - ~~E~ WITNESS my hand an a~ the corporat on executed ~t a poJJtJcaJ corporstlon ~n~ur ~v~, ........ · 23012VenturaBivd. RO, Box4625 · W°°dfandHill&C~91365~62 the Board of Directors o~ sa~d D~strict~ pursuant t~ ~uthorJty conlerr~ of said Board adopted on March 20, 1979, and the District ~nsents to recordation