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1991-511607Recording requ~ed by: City of Encinitas When Recorded, Mail To: City Engineer City of Encinitas 527 Encinitas Blvd. Encinitas. CA 92024 1385 -03.-0CT-!991 08;2I A~ ~rF!C!~L ~Eff~R~S ~NMETTE EU~MS~ COUNTY RE~ORDE? SPACE A~OVE FOR RECORDER~S USE ONLY DRAINAGE ~EMENT Log NO.: Project: W.O. No.: Assessor's Parcel No. 216 -110~14 Alliance Engineerin~ of California. a California Corporation 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 DRAINAGE channel and all structures l~cidental 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 maid 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/02/MS7-872wp5 1(10-26-89-3) The Grantee have the right to fen411 or.any portion of said easement herein conveyed within whic]T'there is installed or constructed an unenclosed flood drainage channel. The Grantee, its su¢ces$0rs 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 assigns, any portion of a~ 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, cz:~='~'C=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 Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjo!rment by the Grantee, its successors and assigns, of the rights and privileges herein granted. Dated this ~ day of Grantor: Alliance En§tneorin§ Of-California, [Signature of GRANTOR must be notarized. the appropriate acknowledgement.] Attach 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 ·aking of the foregoing Irrevocable Offer, Deed, Grant, or Subordination Agreement, and consents to recordation thereof by its duly authorized officer. TF/02/M$7-872wpS 2(10-26~89-3) CAT, NO. NN~O'~'~ TO21g45CA(1--e3} 1l 3 ~? ~ TICOR TITLE INSURANCE (Corpo~tion) On ~ b~o~ mc, thc unde~, a Not~ ~b~ ~ ~d for to ~ the ~n the ~ithin ~ument ~ ~e ~ ~of ~e Cad--ion that ~eeut~ ~ wi~ in~t gad aekn0w~ to ~ ~ ~ co.rain e~ted ~he ~n mcat pursuant to its by-laws or a rcS°]ution of its board of directors. WlTNESS my hand and offid~ ~. '13I ~EXHI " " LEGAL .DESCRIPTION - DRAINAGE EASEMENT A 20.00 FOOT WIDE STRIP OF LAND OVER THAT PORTION OF THE NORTH ONE- HALF OF THE SOUTHWEST QUARTER, AND OF THE SOUTHEAST QUARTER AND OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, IN SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED MAY 3, 1883, LYING WESTERLY OF THE CENTERLINE OF THE COUNTY ROAD AS SHOWN ON MAP OF COUNTY ROAD SURVEY NO. 1317, A PLAT OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY, SAID PROPERTY DESCRIBED IN A DEED TO ALLIANCE ENGINEERING OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED IN THE OFFICE OF THE COUNTY RECORDER MAY 21, 1987, AS DOC. NO. 87-280899 OF OFFICIAL RECORDS, THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHWEST CORNER OF LOT 51, AS SHOWN ON COUNTY OF SAN DIEGO TRACT NO. 4265, MAP NO. 10817, FILED WITH THE HECORDER OF SAID COUNTY, JANUARY 12, 1984; THENCE WESTERLY ALONG THE NORTH PROPERTY LINE OF SAID MAP NO. 10817, SOUTH 89°44~16" WEST, 33.29 FEET (SOUT}{ 89'46'32" WEST PER MAP NO. 10817) TO THE CENTERLINE OF SAID COUNTY ROAD SURVEY NO. 1317; THENCE NORTHWESTERLY ALONG SAID CENT~.RLINE NORTH 25°56'35" WEST 174.34 FEET TO THE BEGINNING A TANGENT 1,000.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG SAID CURVE THEOUGH A CENTRAL ANGLE OF 17°08 ~39" AN ARC LENGTH OF 299.22~ FEET; THENCE RADIAL TO SAID CURVE SOUTH 81°12'04" WEST 25.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 61°19'40" WEST 110.00 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE EASTERLY ON THE WESTERLY RIGHT- OF-WAY LINE OF SAID COUNTY ROAD SURVEY NO. 1317 (SAXONY ROAD) AND TO TERMINATE WESTERLY IN A LINE THAT BEARS NORTH 28°40'20" EAST THROUGH THE POINT OF TERMINUS. JORGE M. PALACIOS DATE Whereas, those parties concerned, desire to have the Deed of Tryst recorded 5-21-87 as File/Page No. 87~280900 ...... subordinated ~o the ~raina§e Easement as described above as Required As Condition of Approval of T.M. 88-326 ("DOCUMENT" hereinafter); Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged, the.undersigned BENEFICIARY OR TRUSTEE hereby waives ~he. priority of said Deed of Trust in favor of said DOCUMENT to the same extent as if said DOCUMENT had been executed prior to' said Deed of Trust. DATED/ ............ BEN~CIARY OR TRUSTEE By: James M. Wil$on Title: Beneficiary ([ndiv]du~) TICOR TITI.E INSURANCE STATE OF CALIFORNIA COUNTY OF San .pte~0 On Aqgust 30t 1991 said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be thc person__ whose name ~ J fl subscribed to thc within instrument and acknowledged that he exe- cuted the same. ,~.~ ~ before me, thc undersigned, a Notary Public {n and ~r ~ames M. Wilson ,, SAN D~t~c~ COUNTY (This a~em for official notarial ~) 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 Subordination Agreement, and consents to recordation thereof by its duly authorized officer. WARREN H. SHAFER, ~ity Manager City of Encinitas TF/03/PW3-132WP5 3(06-16-89-1)