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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 N ~7'~'00~ R=93.01 b~04°01'§0" ~ADIAL~ N POINT 1o,49 OF TRUE ~,~ POINT OF BEGINNING L~§,54 R-93.01 A-04=01'50# ~RADIAL] N POINT {0.4g OF ]r-~G INN I NG ,,, / , , / ~,,-~~, ~- -TRUE POINT OF BEOINNINO 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 - ~AN DIE~O, CA 9R/~[ [$(92 E3~-0080 D. ~ARK 'W~RE, 1,8, 5031 (EXPIRES 3{-DEC-Bg] 144[0,~9]PF~ 949l 502 23=Ju~~S9 10~5S AM / 949001-5453 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