2000-399777Recording Requested B',
City of Encinitas
When Recorded Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
3711
DOC
J~l 28,
FOR THE BENEFIT OF THE CITY
)
) SPACE ABO
DRAINAGE EASEMENT
Assessor's Parcel No.
259-320-02
2000-0399777
2000 B='59 AI~
OFFICIAL RECORDS
SAN DIEGO COUNTY REOORDER'S OFFIOE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
2000-0~00777
Project No.: 5874-1
W.O. No.: MUP 98-068
The City of Encinitas, a Municipal Corporation hereinafter designated Grantor hereby
grants, bargain, convey and release unto the PUBLIC herein designated Grantee, its
successors and assigns, a perpetual easement and described real property for the
installation, construction, maintenance, repair, replacement, reconstruction and
inspection of an enclosed or unenclosed flood DRAINAGE channel and all structures
incidental thereto, and for the flowage of any waters in, over, 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 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 herein above 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 particularly described as follows:
SEE EXHIBITS "A" and "B" 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 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.
Drainage.est 06-06-00 bak 1
3712
The Grantor, his succe~ ,'s and assigns, reserves the righ . ~ enclosed 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.
Dated this Zt sr' day of
Grantor:
,,~/~ Miller, City Manager
Signature of Owners to be notarized.
Attach the appropriate acknoWledgments.
I certify on behalf of the City Council of the City of Encinitas, for the PUBLIC,
pursuant to authority conferred by Resolution No. 94-107 of said Council adopted on
November 9, 1994 that the City of Encinitas accepts and consents to the making of
the foregoing DRAINAGE EASEMENT Dedication and consents to recordation thereof
by its duly authorized officer.
Date:
Alan D. Archibald
Director of Engineering Services
City of Encinitas
Drainage.est 06-06-00 bak 2
APN: 25g-320-02
EXHIBIT "A"
LEGAL DESCRIPTION
3713
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF
THE SOUTHERLY LINE OF THAT PARCEL SHOWN ON RECORD OF SURVEY NO.
8985 FILED IN THE OFFICE OF SAID COUNTY RECORDER APRIL 8, 1982, WITH
THE CENTERLINE OF BALOUR DRIVE AS SHOWN ON RECORD OF SURVEY NO.
16547 FILED IN THE OFFICE OF SAID COUNTY RECORDER APRIL 13, 2000
THENCE ALONG SAID SOUTHERLY LINE AND ITS WESTERLY PROLONGATION
SOUTH 88o37'55" EAST 156.17 FEET;
THENCE LEAVING SAID SOUTHERLY LINE NORTH 25°49'23" WEST 33.73 FEET
TO THE NORTHERLY LINE OF THE PROPOSED FUTURE RIGHT OF WAY PER CITY
OF ENCINITAS IMPROVEMENT PLANS, DRAWING 5891-1 SHEET C4.4
ACCORDING TO SAID RECORD OF SURVEY NO. 16547 ALSO BEING THE TRUE
POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE CONTINUING NORTH 25049'23" WEST
214.37 FEET MORE OR LESS TO A LINE WHICH IS PARALLEL WITH AND 42.00
FEET EASTERLY OF, MEASURED AT RIGHT ANGLES FROM, THE CENTERLINE OF
BALOUR DRIVE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 16547
BEING THE TERMINUS OF SAID CENTERLINE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED
TO TERMINATE SOUTHERLY ON SAID NORTHERLY LINE OF THE PROPOSED
FUTURE RIGHT OF WAY AND SHALL TERMINATE WESTERLY ON THE SAID 42.00
FOOT EASTERLY OFFSET OF THE CENTERLINE OF BALOUR DRIVE.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, IS A
PLAT LABELED EXHIBIT "B".
THIS REAL PROPERTY DESCRIPTION AND PLAT HAVE BEEN PREPARED BY ME,
OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYORS ACT.
SIGNATURE ~/._-~~~---~-
LICENSED LAI~SURVEYOR
DATE ~.,/~',/~
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