2001-419313Recording reckuested by:
City of Encinitas
When Recorded, Mail To:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
001 041.
,]"Url 21, 2001 3: 06 F:'Mi
OFFICIAL EGDRDS
S~N DIE6~ [~]~NTY RECORDER'B OFFICE
GREGORY J, ~ITH, COUNTY RECORI)ER
0.00
SPACE ABOVE FOR RECORDEI:~ USE 01~-Y
DRAINAGE EASEMENT
Assessor's Parcel No.: 256-090~03
Kenneth M. Bunyard and Joan T. Bunyard, Trustees, hereinafter designated Grantor(s) do
hereby grant, b~[gain, 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 properly for the installation, construCtion,
maintenance, repair, replacement, reconstruction and inspection of a storm drain and all
structures incidental thereto, and for the flowage of any waters in, over, upon or through said
storm drain, 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 Diege, State of California, and is
particularly described as follows:
See Exhibit "A' attached hereto and made a part hereof by this reference.
The Grantee shall have the right to fence all or any portion of said easement herein conveyed
within which there is installed or constructed a storm drain and appurtenant structures. The
Grantee, its successors and assigns, shall be responsible for operating, maintaining, and
keeping in good repair the above-described works of improvement.
There is reserved to the Grantor, his successors, an_d assigns, the right and pd_vilege to us_e the
above described land of the Grantor 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.
Dated this /.~ day of ......... }'~./~/Z ~. J~/ ~ ~{2 ~' /
[Sign~'re of GRANTOR must b~ notarized.
Attach the appropriate acknowledgement]
ml6275
EXHIBIT "A"
LEGAL DESCRIPTION
AN EASEMENT FOR STORMDRAIN PURPOSES OVER, UNDF, R. ALONG AND
ACROSS A STRIP OF LAND 20.00 FEET WIDE, LYING WITHIN LOT 12 OF
LEUCADIA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,.
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 1704 RECORDED
JUNE 5, 1915 IN THE OFFICE OF THE COUNTY RECORDER OF SAID OF SAN
DIEGO COUNTY, THE CENTERLINE OF SAID STRIP DESCRIBED AS
FOLLOWS.
BEGINNING AT THE NORTHWEST COP, NF~ OF SAID LOT 12, THENCE ALONG
TIlE SOUTHWF_,~TERLY LINE THEREOF S 26°39'35" E 253.26 FEET TO A POINT
THAT.t~I~O0~FEET SOUTHERLY OF MBAS~ AT RIGHT ANGLES TO THE
NORTHWESTF2.LY LINE OF THAT LAND DESCRIBED IN A DEED TO THE
BUNYARD TRUST RECORDED DECl/MBF. R 23, 1997 AS F/P 1997-655031; SAID
POINT. BEING THE TRUE POINT OF BEGINNING; THENCE PARALLEL TO SAID
LINE N 75°03'2T' E 148.57 FEET TO A POINT HERF. IN~ DESCRIBED AS
POINT A; THENCE CONTINUING N 75°03'22 E 17.50 FEET TO THE POINT OF
TERMINUS INTHE EASTERLY LINE OF. SAID LOT 12.
THE SIDELINES OF SAID STRIP.TO BE PROLONED OR SHORTENED TO
TERMINATE SOUTHWF_~TERLY IN THE SOUTHWF. S~Y LINE OF SAID LOT
12 AND NORTHEAS~Y IN THE NORTHEAS~Y IINB OF SAID LOT 12
TOGRTHF, R W1TH A STRIP OF LAND 20.00 FEET W/DE TI-IE CENTER.LINE
THEREOF BEG]]qNING AT THE AFOP, P, SAID POINT A; THENCE $14"56'38" E
32.50 FEET.