1997-150728 02-APR-1997
RECORDING REQUESTED BY: OFFI£IALRECOR05
City of Encinitas 5ANOIE60COUNTYRECOROER~S~FFICE
GRE~0R¥ SMITH, COUNTY RECOROER
AFTER RECORDING, RETURN TO:
Clty Clerk
city of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the City
DRAINAGE EASEMENT
Assessor's Parcel Project: Lot 8 No. 257-070-08-01 and 257-070-08-02 W.O. No.:
RALF RUEDIGER AND KATHLEEN M. PICKHAM, Husband and Wife as Joint
Tenants as to APN 257-070-08-01; AND JEFFREY S. MOODY, a Married
Man as to APN 257-070-08-02 hereinafter designated Grantor(s) do
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, underground flood
control structure (or culvert) and any enclosed, subsurface
structures incidental thereto, specifically for the flowage of
flood waters in or through said structure, together with the
perpetual right to remove buildings, structures (except presently
existing building), 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.
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 Exhibits "A" and "B" attached hereto and made a part hereof by
this reference.
The Grantee, its successors and assigns, shall be responsible for
operating, maintaining, and keeping in good repair and working
condition the above described works of improvement.
769
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 27th day of September , 19 96
Grantor:
Ke hleen M. P~k~a~
Grantor:
~f f~e~. Moody ~
[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
duly authorized officer.
Date: ~/7-~?-~ ~7 By: ~ ~ ~
Alan D. Archibald
Director of Engineering Services
770
STATE OF CALIF RNIA Iss.
On ~, ~ / ~ ,beforeme, theu~dersigned, a Nota~ Public in and for
said State, personally appeared
fact°w evidence) t° be t he pers°n(s) wh°se name(s) i~sub'
scribed to the within instrument and acknowledged to me that
he/sh xecuted the same,
Signature-~''~ (This area for official notarial seal)
EXHIBIT "A"
ALL THAT PORTION OF LOT 8 OF PACIFIC SERENA, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 6490, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
SEPTEMBER 30, 1969 AS FILE NO. 179481, O.R., BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE NORTHERLY 6.60 FEET OF SAID LOT 8.
LE HARVEY, JR. ?P. ,.S. 5292
MY RZa"GISTRATION EXPIRES
EXHIBIT 'B'
THORNTON PROPERTY
TM 9B-028
SW 1/4 OF SW 1/4
SEC 11 T-135
6' CHAINLINK FENc~ P, 4W 8BM
8" CONC. - 113.2' L.._
BLOCK WALL ~ [ i~
3.5' HIGH ~
iLOT 8
LOT g PACIFJC SEP, ENA
~.,11~.5, -.._.. MAP 8490
8" CONC.
[BLOCK WALL
2' HIGH
FRAXINELLA STREET
CITY OF ENCINITA
961CALC.DWG