1973- WHEN RECORDED, PLEASE MAIL THIS
INSTRUMENT TO " 3�UiaS� 1�0
' FILE/PAGE W.
BOOK 1973
Clerk,Board of Directors RECORDED REaUEST OF
San Diego County Flood Control District CO, REAL PROPERTY DIV.
1600 Pacific Highway SAN 1:1. 1 23 PH r3
San.Diego,California 92101
OFF1CX R'E'CORDS
SAN DIEGOCOUNTY•CALIF.
HARLEY F.BLOOM
RECORDER NO FEE
NO TRANSFER 'p/ty SPACE ABOVE FOR RECORDER'S USE ONLY
Project Village Park Unit No. 9
EASEMENT W. o. No. T 30224
.Parcel No. 72-1142.
Assessor's Parcel 265-356-36 and 37
ONE 1.00
Forand in consideration of......................... Dollar.......... (5....... p............,...............) �
and other good and valuable considerations, the receipt whereof is hereby acknowledged, the undersigned,
AVCO COMMUNITY DEVELOPERS. INC. A Corporation.„formerly
......... .....e... ......... ........ ...
Rancho Bernardo Inc.,a„A.California Corporation
hereinafter designated Grantor does hereby grant, bargain, sell, convey and release unto the San Diego'
s
County Flood Control District, Zone ..........I.................. herein designated Grantee,its successors and assigns
a perpetual easement and right of way upon, through, under, over, across, and along the herein described.
real property for the installation, construction, maintenance, repair, replacement, reconstruction and in-
spection of a drainage channel and all structures incidental thereto, and for the flowage of any waters in,
upon, through, under; over, across and along said channel, together with the right to ingress and egress
upon, through, under, over, across and along the herein described real property. Grantee shall have a
perpetual right to remove buildings, structures, trees, bushes undergrowth, and any other obstruction inter-
fering with the use of said easement and right of way by the Grantee,its successors or assigns and in addition
thereto, to remove soil and other materials within said right of way and to use the same in such manner and
at such locations as said.Grantee may deem proper, needful or necessary in the construction,reconstruction
and maintenance of said drainage channel or structures incidental thereto. To have and to hold said ease-
ment 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 County of San Diego,State of California,and is particularly described as follows:
Parcel 72-1142
That portion of Lot 24•of Rancho Las Encinitas according to Map thereof No.
848 filed in the Office of the County Recorder of the County of San Diego,
State of California, described as follows:
BEGINNING at a point of intersection of the Northerly prolongation of the
centerline of San Diego Avenue as shown on Record of Survey Map No. 4307`,
filed in the Office of the County Recorder of San Diego County, with the
Northerly Right of Way of West 8th Street as shown on Record of Survey
Map No. 6467 filed in the Office of said County Recorder; thence
North 15°50'00"East 822.85 feet (Record North 1S°50'41"East 822.88 feet);
thence North 54°3S'35"West 285.36 feet to the TRUE POINT OF BEGINNING,•
thence South 65 021100"West 104.35 feet; thence North 20°39100"West 10:02
feet; thence North 6S°21100"East 103.65 feet; thence South 24-°39100"East
10.00 feet to the true point of beginning.
i
R.P.D.FORM 7
I
t
39
Parcel 72-1142 Cont'd
Together with" that portion of Lot 23 of said Rancho Las Encinitas lying
within.a strip of land 10.00 feet in width lying 5.00 feet on each side
of :measured.at right.angles to, the following described centerline:
u BEGINNING at a point of -intersection of the Northerly prolongation of the
F centerline of San Diego Avenue with the Northerly Right of Way of West
8th Street as-shown on.the Record of Survey Map No. 6407 filed in the f
s Office of said County Recorder;.thence North 72°52'48"West (Record
North.72°53'00"West) along the'Northerly Right of Way line of said West
8th•Street a distance of 353.1.6 feet'; thence leaving said.Northerly Right
r of Way Line North 13°'01''19"West 23.60 feet; thence North 22°38'23"West
99.52 'feet; thence North 660UI:00"West'.214.92 feet to the TRUE POINT OF
BEGINNING; xhence:South 24000!100"West,65.00-feet to`the Point of Termination. F
a.
i F
r ,
T .
l
393
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 drainage channel or incidental structure. The Grantee, its successors and
assigns, shall be responsible for. operating, maintaining, and keeping in good repair the above described
works of improvement, but will not be held responsible for any damages incurred within the confines of
said easement,except as caused by the act or omission of the Grantee,
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee,
its successors and assigns, any portion of a drainage channel provided such enclosure is constructed or in-
stalled by a licensed contractor in accordance with plans and specifications approved by and to the satisfac-
tion 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 performance bond to guarantee completion of the work.
There is reserved to the Grantor, his heirs 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.
i
I
IN WITNESS WHEREOF,the Grantor has executed this instrument on this llth•;•day of January,•••, 1973••••
....... ....................................... AVCO COMUNITY DEVELOPERS; IN.C.•
•• frra:. .� t /....:
Assistant Vice FresidieaV a
Assist V- 3,
ant S M tar
State of.......................................................County of. ......... ......... ....::: ..::::.... `.....:.,......,:,ss.
•
On this::..................day of .......................................in the year 19. ......::., before me, R. B. JAMES, County
Clerk and ex-officio Clerk of the Superior Court in and for said County,which is a court of record having a
seal,personally appeared ......... ....................... ......... ......... ......... ......... .............
known to me to be the person .............. described in and whose name .............. subscribed to and who exe-
cuted the annexed instrument,and acknowledged to me that..............he..............executed the same.
IN WITNESS WHEREOF;I have hereunto set my hand and affixed the seal of said Court at my office in the
County of San Diego,the day and year in this Certificate first above written.
R.B.JAMES,County Clerk and ex-officio Clerk of the Superior Court,
By .. ... ............. ...
Deputy.
This is to certify that the interest in real property conveyed by the deed or grant dated..............................................
19 ..........from.... ......... ......... ......... ......... .........
.......................................
}' to the San Diego County Flood Control District Zone............... a political.corporation and/or governmental
agency is hereby accepted on behalf of the Board of Directors of said District,pursuant to authority conferred
by Resolution of said Board adopted on June:23,1970 and-the District consents to recordation thereof by its
duly authorized officer.
By..... ....... ....... .... ..
................:..... ...
Director,Department of Sanitation&Flood Control
FOR CLERK OF THE BOARD - - FOR COUP,-BIEL FOR RECORDER
t This is to certify that the interest in real property conveyed by
the loregoingdaedor "entio the Son Diego Couoty Flood Control
District Znne l a p:liliml co p:rr'i:a m1hr govern•
,rantzl.,U;•y i�,he: y a^c ,t i sn b of
Di::ctoa:.i S.I 11N: t _t f L;,c r., :cC by '
f.;I,ti�a of ri: ;71 cal the
Di' A. t conc^:A..t. d.."
P e�� r
7 /7 B Y
:PEtTY DIVISION
DATE !rLl Ill,Dl:_CiOR,REAL PR
f
i
r
1 r
{
t
i
STATE OF CALIFORNIA j
COUNTY of SAN DIEGO, }ss.
1 394:
on January 11. 1973
u ,before M. the undersigned, a-Notary Public in and for
~ _u said State, ll appeared
ersona - -
P v J. Brian 0'Donne-11
known to me to be theAcbt �S '
—y-�-=-- �President,and Jeff ry L. Purvear
•- known to me to be the Assistant
Secretary of the corporation that executed the within instrument,
and.known to me to be,the persons:who executed the-within
LL instrument on behalf of the corporation therein named, and ac-
0 knowledged to me that.-such corporation executed the-'within -
- o instrument pursuant to its by-laws-or
Q. a resolution of its board of -
U directors. OFFICIAL SEAL
7 Norma A Borgen
a WITNESS my hand and official seal. NOTARY:PUBLIC CALIFORNIA
E - - - •PRINCIPAL OFFICE IN
cr
.r E _ °7 SAN DIEGO COUNTY
Signature -
Nb COmm19sNM EVIM April 25. 1976
Norma A. Bo
rgen -
_ Name(Typed or Printed) - - - - -
- (This area for official notarial seal)
E -.