2000-509857Recording requeste~y: DSC 2000-050 B57
City of Enctnitas ~eP 22, 2000 4: 09 PM
When Recorded, Mail To:
O EIPt.
city of Encinitas
505 South Vulcan Avenue [£[~: ~0.00
Encinitas. CA 92024
Assessor's Parcel Project: 99-074
No. 254-611-06 W.O. No.:
OPEN SPACE HOTDTNG
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, un,er, over and across the hereinafter
described real property for the installation, construction,
maintenance, repair, replacememt, 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 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/MS7-872%~p5 1(01-03-9517)
·
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 /~ day of ~ , '1'9'"'--~00~
Grantor:
OPEN SPACE HOLD~G COMPANY, LLC, a
Cali~mia limited liabiliw comply
By: Carltas Company, a Call.mia
limited partnership
Its: M~ag~g Member
' Christ~i~Calk~s, President
I certify on behalf of the city Council of the ~ity 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
duly authorized officer.
Date: ~-~1- 0D By:
Alan D. Archibald
Director of Engineering Services
~F/03/MS7-872wp5 2(01-03-95-7)
CALIFORNIA ALL-PURPOI ACKNOWLEDGMENT
State of
County of
On ~.~ before me,
Name a~ ~tle
pemonally appeared
N~e(s) of Signe~s)
~personally known to me - ~ - ~ ~ .... d ;~ m; :~ ~h?of cc:;~;=~;~, ~ ~.':~:no,, to be the person~
hnei~
whose name~ is/~ subscribed to the within instrument
and acknowledged to me that h~/c~c.'t~cy executed the
same in his/~ authorized capaci~(~, and that by
his/~signature(~on the instrument the person~,
or the entity upon behalf of which the person~ acted,
executed the instrument.
~ WITNESS my hand and official seal.
OPTIONAL
~ough the information below is not r~uired by la~ it may prove valuable to pe~ons relying on the d~ument and ~uld prevent
fraudulent removal and maflachment of this fo~ to another d~ument.
Description of Attached Document
or Type of Documem:
Document Date: ~ [{q b* 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
~tle(s): ~tle(s):
~ Pa~ner-- ~ Limited ~ General ~ Pa~ner-- ~ Limited ~ General
~ A~orney-in-Fact ~ A~orney-in-Fact
~ Trustee ~ Trustee
~ Guardian or Conse~ator ~ Guardian or Consewator
~ Other: Top of thumb here ~ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
994 National Notary ASsociation · 8236 Remmet Ave., RO. Box 7184 · Canoga Park, CA 91309-7184 Pr~d. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC STORM DRAIN EASEMENT
ALL THAT PORTION OF LOT 74 OF CITY OF ENClNITAS TRACT NO. 94-066 IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 13356 RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY SEPTEMBER 4, 1996,
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF,
BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 74;
THENCE ALONG THE SOUTH LINE OF SAID LOT NORTH 79020'55'' WEST,
509.18 FEET;
THENCE LEAVING SAID SOUTH LINE NORTH 10039'05'' EAST, 99.53 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE NORTH 34031'44'' WEST, 26.12 FEET TO THE POINT OF TERMINUS.
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
SB&O, INC. Encinitas Ranch - No~fh Mesa, Upper Porfion
Job No. 54862.00, March 9, 2000 I OF 1 D;t548621LEGALStPUBSD-ESMT
£XNIOIT "B
I ~tor ro
~ ~5 P.O.B.
~ LOT ~4
PUBtlC STORM DRAIN ~ASEM~NT
5-- 1--00 54862X16. DWG 54862. O0