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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)