Loading...
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