1989-594743Recording reques~by:
C~ty of Enolnitas~$~
When Recorded, Mail To:
CityEnginoer
City of Enoini~as
'~?' Bncinl~as Blvd.
~Bginita~. CA g2924
DBAINAGE E]%SEMBNT"
'Aesessor's ~arcel Log NO.: ~O~
No. ~ Project: 9156-G ,, .
CARDIFF EXECUTIV~ CENTRE, LTDL"A:~ALIFORNI~LIMITED PARTNERSHIP
hereinafter designated Grantor(s) '~o(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 struc=ures
inciden~al thereto, an~ for the flowage of any waters in, over,
upon or through said channel, together with the perpetual right to
remove buildings, str~ctures, 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 a~d assigns forever together with the right to convey
said easement, or any portion of said easeW~nt, 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
partioularly described as follows:
SEE EXHIBIT "A" AND "B" ATTACHED HERETO AND
MADE A PART HEREOF BY T~IS REFERENCE.
TF/O4/MST-872wp5
said easement he~Fein conveyed within which there is ins=ailed 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 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.
Grantor: CARDIFF EXECUTIVE CENTRE, LTD.
A CALIFORNIA LIMITED PARTNERSHIP
M.L. LOBAN
[signature of GPS%NTOR 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
making of the foregoing Irrevocable Offer, Oeed, Grant, or
Subordination Agreement, and consents to recordation thereof by its
duly authorized officer.
WARREN S"ilkFE~ger
TF/04/MS7-872wp5 2(6-i2-89-2)
1854
EXHIBIT
LEOAL DESCRIPTION FOR
DRAINAGE EASENERT
That portion of Lot 2 in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 3412,
said.map being on file in the office of the County Recorder of
San Diego County, described as follows:
Beginning at the Southwest corner of said Lot 2, said corner
being on the Northerly right-of-way line of Birmingham Drive, as
shown on said Map No. 3412, said corner also being a point at the
Southwesterly end of a curve concave Northwesterly, having a
radius of 120.61 feet, a radial to said point bears South
24058'00'' East; thence Northeasterly along said right-of-way line
and said curve an arc distance of 71.70 feet through a central
angle of 34°03'38" to the TRUE POINT OP BEGINNINg, a radial to
which bears South 59°01'38'' East; thence continuing along said
curve an arc distance of 20.08 feet through a central angle of
09°32'22'' to the Northeasterly end of said curve; thence North
21°26'00'' East 4.40 feet; thence leaving said right-of-way line,
North 68°34'00" West 18.12 feet; thence South 65°02'00" West
12.19 feet; thence South 24°58'00'' East 20.05 feet; thence South
59°01'38'' East 10.49 feet to said Northerly right-of-way line and
the TRUE POINT OF BEGINNING; as shown on "EXHIBIT B", the plat
to accompany this legal description, attached to and made a part
hereof.
Containing .Oll acres, more or less.
Prepared under the direction of:
My license expires
12-31-89
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EXHIBIT "B"
PLAT TO AOOOHPANY LEGAL DE$ORI PTION
FOR DRAINAGE EASEI'iENT
TO TF]E ~]'TY OF--ENO-IKI-i T~-,---~-~L-i FO~-N fA
· P20~ DRN ESMT EXHBT; LEGAL SIZE -
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TO 1946 CA
~.~,~ip~ ~ TICOR TITLE iNSURANCE
STATE OF CALIFORNIA
COUNTY OF ~._~dl~12.i.P.~igl~}
On ~ before me. the undersigned, a Notary Public in ~nd for
said Statc. personally appeared 14. Ia. 1-,obarl
, personally known to me or
proved to me on thc basis of satisfactory evidence to be
~oerson who cxccuted thc within instrument as
~~9~ n~.rtncrs o~' the/~f[~'lt~Rl~
to me that such partnersaip executed the
WITNESS my hand and official seal.
Signature ~
(This