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