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1987-713691 ? [13691 : )~Hr~N i~'ECORDED, PLEASE )tAIL 1 YHIS INSTRUMENI TO: 1 City of Encinitas 1 ~':',~;~ City Clerk 1 Jane P~I J~? DEC 30 555 Encinitas ~lvd., Ste. 1~ 1 Encini~s, CA 92024 1 RECORDED REQUEST OF 1 ~)UN) y NO ~ER T~ DUE DEPT. GENERAL SERVICES 1 SPACE ABOVE FOR RECORDER E~ DRAINAGE '~ SCRIPPS MEM.HOSP. Assessor's Parcel Project: P86-044 No. 258-240-54~66~84 W.O. No.: 1'E3073 Parcel No.: 87-0307-A Log No.; 234-09 SCRIPPS MEMORIAL HOSPITALS, a California non-profit 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 ease~ht and right-of-way upon, through, under, over arid 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 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 County of San Diego, State of California, and is particularly described as follows: Parcel No. 87-0307-A (07-17-87) (ENG:~4DT:mrt) A strip of land 10.00 feet wide lying within those portions of Parcels 1 and 2 of Parcel Map No. 12961 AND that portion of Lot 2 of ENCINITAS HOSPITAL SUBDIVISION according to )lap thereof No. 7709, all filed in l~he Office of the County Recorder of San Diego County, State of California, lying 5.00 feet on each side of the following described centerline: P. arcel #o. 87-0307-A (Cont.) Ce~encing et the Southeasterly corner of said P&rcel I~p t;o. 12961; thence South 8~%6'36' West (South 82°56~40' West per satd Parcel Map 12961) along the Southerly line thereof, 15.12 feet to a point on a line that Is 15.00 feet Southwesterly of, end parallel with the £asterly line thereof, said point also betng the TRUE POZNT OF B£GINNING; thence #orth 14°12L10" West, along said parallel line, 447.49 feet; thence continuing along said parallel line end the Northwesterly prolongation thereof, North 28°11~' gest, $40.96 feet; thence leaving said Northwesterly prolongation, North 00°~2~1l" East, 31.42 feet to the #ortheasterly line of said Lot 2 AND the POZ#T OF T£RI~I#US. The sidelines of said 10.00 foot ~de strip shall be prolonged end/or shortened so as to terminate Northerly In satd Northeaster1? line of Lot 2 AND -~o, theasterly in s~id Southerly line of Parcel M~p 12961- The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is installed or constructed an unenclosed flood drainage channel. The Grantee, its successors and assigns, s~atl be respon* sible 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 ans 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 con ditions including, but not limited to, the filing by the co~trecto~ guarantee completion of the work. There is reserved to the Grantor, his ~andsssigr~the right -~nd privilege to use the above described land of the .... at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, '-~= nf the rights and privileges herein granted. STATE OF~i~/.,~' anvof /L/'~u'~-~/o~' , 19 ~. c0.t]t o ' ' )SS. '' 1823 "~'TALS, a California / veal to -m~Le_~e.~;, before me I and -'~ ~e on ;~".~.'~Onal~- ~ne b · .r ap · ~ne ut] ,J of s~~- as~s of _,',P,e, ared demi n . ,~ my ha.~ ,-,to Pure. ~ and ~a! se ~ eY. law~ _ o me STgnature (-~ _c~ a,. ~ ur a ~es~h,"~.Such instrument, and Witnf~ss my hand and official seal. Public in and for said County and State to certify that the interest in real property conveyed by the foregoing deed or grant to the. ~.TTY I~F £NcIN[TAS -'~oration and/or governmental agency is hereby accepted on behalf of its Board, pursuant to authority ~f Board adopted o~ March 20, 1979, and the Grantee consents to the recordation ~'"-L:~f ficer. "'J' $u6 Unse o? . of'