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1995-462359 City of Encinitas ) ~' , City Clerk ) . ~ City of ~c~nitas ) ~%,~: ~ 505 South Vulcan Avenue ) Encinltas. CA 9~Q24 ) SPACE ~OVE FOR ~CO~'S USE O~Y D~I~E ~O0CUMENIARY TRANSFER TAX ~ ~ Assessor's Parcel Project: £MD95C NO. 261-143-04 W.O. No.: 00]2-DT Virqinia M. Walker 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, 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 D~AINAGE 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/MS7-872Wp5 1(01-03-95-7) · 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, 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 Granter 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. Grantor: [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 DatedUly authorized officer.: By: Alan D. Archibald Director of Engineering Services TF/03/MS7-872Wp5 2(01-03-95-7) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of Gounty of ~-~/~_~ ~ /~ ~(~ pers na,y appeared ~ personally known to me - OR - [] proved to me on the basi~ ~f"~-~ti~f~d--~n~e to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowiedged to me that he/she/they executed the same in his/her/their authorized '-~-R~3~=~IAR~'~I~L~R~ capacity(les), and that by his/her/their ~ .~'./' '~,_.~. COMM. ,,~63899 ~)~:~=~ NOTARYPUBLk~CALIFORNIA),~ signature(s) on the instrument the person(s), d~l~'l~_/~J ~AN DIEGO COUNTY 0~,,~1~/~=~// MlfCommissio~Expiml ~ or the entity upon behalf of which the {~ ...... IwY~,~ I. person(s) acted, executed the instrument. WlTNF:~ my h~d and q~ial seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: ~-/ ~ ~ ~ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) ~ ~ -- ~ SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Rernmet Ave., P.O. Box 7~84 · Canoga Park, CA 91309-7184 EXHIBIT "A" All that portion of Lots 40 and 41 in Block 3 of Cardiff, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1298, filed in the Office of the County Recorder of said County, November 14, 1910, described as follows: Beginning at the point of intersection of the Southeasterly line of County Road Survey No. 1132 (San Elijo Avenue), a plat of which is on file in the Office of the Surveyor of San Diego County, WITH a line which is parallel with and distant 0.93 feet Northeasterly at right angles from the Southwesterly line of said Block 3; said point being also on the arc of a 50.00 foot radius curve, concave Southeasterly; thence Northeasterly along the Southeasterly line of said County Road Survey and along the arc of said curve to the Northeasterly terminus of said curve; thence tangent to said curve and continuing along the Southeasterly line of said Road Survey, North 73039'45'' East 7.49 feet to the beginning of a tangent 80.00 foot radius curve, concave Southeasterly; thence Northeasterly along the arc of said curve and along the Southeasterly line of said County Road Survey through a central angle of 24o26'36'' to the TRUE POINT OF BEGINNING, a radial to said point bears North 808'25'' East, thence South 16°18'13" East 7.68 feet; thence North 73041'47" East 13.33 feet; thence Westerly 15.41 feet along the arc of said 80.00 foot radius curve and along the Southeasterly line of said County Road Survey through a central angle of 11°02'01" to the TRUE POINT OF BEGINNING. ML4437