1990-110873Recording requested by:
City of Encinitas
When recorded mail to:
city of Encinitas
527 Encinitas Boulevard
Suite 100
Encinitas, CA 92024
Attn: City Clerk
EASEHENT
NO FEE
This Agreement is made this
day of ~ , 19~0,
by and between ZOE ADORNO, Trustee of the Marion H. Redfield
Irrevocable Trust dated 9/4/80, hereinafter referred to as
"Grantor," and the City of Encinltas, hereinafter referred to as
"Grantee."
RECITALS
Grantor is the owner of certain real property commonly known
as 462 Moonlight Lane, Encinitas, San Diego County, California, and
more particularly described as follows:
Lots 9 and 10, Block 42, Encinitas, according
to Map thereof No. 148 filed in the office of
the County Recorder of San Diego County, June
12, 1883, TOGETHER WITH the Northerly 2.00
feet of "D" Street as vacated and abandoned by
the City Council of the City of Encinitas
(shown for convenience sake on Exhibit "A" and
"B" attached hereto and made a part hereto by
this reference).
Said property will hereinafter be referred to as "the Property."
Grantee desires to acquire certain rights in the Property and
Grantor ie willing to grant those rights to Grantee.
TF/04/PW2-138wp5 (2-14-90\2)
NOW, THEREFORE, it is agreed as fellows:
1. Grantor hereby grants to Grantee an easement as
hereinafter described.
2. The easement granted herein is an easement in gross.
3. Grantor reserves all rights of use of the Property over
which the easement is granted which are not inconsistent with and
do not interfere with the Grantee's right-of-way to install,
construct, maintain, repair, reconstruct, replace, and inspect the
drainage channel and all structures incidental to a reinforced
retaining wall on the Property.
4. The easement granted is a right-of-way to construct and
maintain a reinforced retaining wall on a portion of the Property.
5. The easement granted is a right-of-way to install,
construct, maintain, repair, reconstruct, replace, and inspect the
drainage channel and all structures incidental thereto.
6. The easement granted herein is located as follows:
That portion of Lot 9 in Block 42, of
ENCiNITAS, in the City of Encinitas, County of
San Diego, State of California, according to
Map thereof No. 148, filed in the office of
the County Recorder of San Diego County, June
12, 1883, TOGETHER WITH that portion of the
Northerly 2.00 feet of "D" Street adjoining
said Lot 9, all as described as follows:
BEGINNING at the Southeast corner of said Lot 9; thence
Southerly along the Southerly prolongation of the
Westerly line of Moonlight Lane as shown on said Map No.
148 to the Southerly line of the Northerly 2.00 feet of
said "D" Street; thence Westerly along said Southerly
line, South 83° 18' 03" West, 78.30 feet; thence North
06" 41' 57" West, 15.50 feet to a line that is 13.50 feet
Northerly of and parallel with the Southerly line of said
Lot 9; thence Easterly along said parallel line, North
83° 18' 03" East, 8.00 feet; thence South 370 20' 59"
East 15.69 feet to a point on said Southerly line of Lot
9; thence Easterly along said Southerly line of Lot 9,
North 83~ 18' 03" East, 62.30 feet to the POINT OF
BEGINNING.
7. The easement granted herein is exclusive to the Grantee.
The easement granted herein includes the incidental
rights of maintenance, repair and replacement and the
City will maintain, repair, replace as needed.
TF/04/PW2-138wp5 (2-14-90\2)
10.
11.
This Agreement contains the entire agreement between the
parties relating to the rights herein granted and the
obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no
force and effect, excepting a subsequent modification in
writing, signed by the party to be charged.
In the event of any controversy, claim or dispute
relating to this instrument or the breach thereof, the
prevailing party shall be entitled to recover from the
losing party reasonable expenses, attorney's fees, and
costs.
This instrument shall be binding on and inure to the
benefit of the respective heirs, personal representatives
and successors of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first written above.
Grantor 1~~~~~
Trust dated 9/4/80
Grantee:
I certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution of said Council
adopted on July 27, 1987 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.
WARREN SHAFER, City Manager
TF/04/PW2-138wp5 (2-14-90\2)
State of California )
) SS.
County of Santa Clara )
On this twentieth day of Februaxy in the year 1990, before me,
~/thro~ A. ~c~o~r>x>~_ , Notary Public for the State of Callfomia, personally
appeared ZOE ADORNO proved to me on the basis of satisfactory evidence to be the
Trustee of the Marion H. Redfield Irrevocable Trust dated September 4, 1980 whose
name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same.
EXHIBIT "A"
The Northerly 2.00 feet of "D" Street adjoining Lot 9 in Block 42
of ENCINITAS, in the City of Encinitas, County of San Diego, State
of california, according to Map thereof No. 148, filed in the
office of the County Recorder of San Diego County, June 12, 1883,
and lying Westerly of the Westerly line of Moonlight Lane (20 foot
wide alleyway) all as shown on said Map No. 148.
RESERVING AND EXCEPTING from vacation and abandonment easements and
rights pursuant to any existing franchise or renewals thereof, or
otherwise, at any time, or from time to time, to construct,
maintain, operate, replace, remove, renew and enlarge lines of
pipe, conduits, cables, wires, poles and other structures,
equipment and fixtures for the operation of gas pipe lines,
telegraphic and telephone lines and for the transportation or
distribution of electrical energy and water ~nd for incidental
purposes including access to protect the property from all hazards
in, upon, over and across the above described portions of highways
proposed to be vacated and abandoned; and
ALSO RESERVING AND EXCEPTING from vacation and abandonment
easements and right at any time and from time to time to construct,
maintain, operate, replace, remove and renew fences, retaining
walls, sanitary sewers, storm drains and appurtenant structures
including access to protect the property from all hazards in, upon,
over and across the above described portions of highways proposed
to be vacated and abandoned.
Ail as shown for convenience sake on EXHIBIT "B" attached hereto
and made a part hereto by this reference.
TF/07/CL14 3224wp5 (9/12/89)