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1983-478636WHEN RECORDED, PLEASE MAIL: THIS INSTRUMENT TO: Clerk, Board of Supervisors San Diego County Administration Center 1600 Pacific Highway San Diego, California 92101 RECORDED REQUEST OF DEPT. GENERAL. SERVICES NO TRANSFER TAX DUE Assessor's Parcel No. 262- 070 -87 14101 RECORDED 114 OAP 1Ci�a1. RECORD-, x I1,89 DEC 30 PH 12, 10 VERA L. LYLE COUtdT'f RECORDEPI NO FEE SPACE ABOVE FOR RECORDERS USE ONLY Easement DRAINAGE MCKELLAR DEVELOPMENT CORD, Project TM4328 -1 W. 0. No. TE6878 Parcel No. 83- 0403 -A Log No. 912 -5 hereinafter designated Grantor0t) do(es) hereby grant, bargain, convey and release unto COUNTY OF SAN DIEGO FLOOD CONTROL DISTRICT, ZONE 1 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 structures incidental thereto, and for the flowage of any waters in, over, upon or through said channel, 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 as- signs 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 No. 83- 0403 -A (12 -9 -83) (ENG:LT:mj) That portion of Parcel 1 of Parcel Map No. 11245, in the County of San Diego, State of California, filed April 30, 1981, in the Office of the County Recorder of said County lying within a strip of land 20.00 feet in width, the sidelines of said strip lying 10.00 feet on each side of the following described centerline: Commencing at the most Westerly corner of said Parcel 1 of Parcel Map No. 11245, said corner also being a point in the centerline of Manchester Avenue as shown on said Parcel Map No. 11245; thence, along the Northwesterly boundary line of said Parcel 1, also being the centerline of said Manchester Avenue, North 42 025'10" East, 150.76 feet; thence leaving said Northwesterly line and said centerline, South 53 034'12" East, 40.61 feet to the TRUE POINT OF BEGINNING; thence continuing South 53 034'12" East, 42.00 feet to the POINT OF TERMINUS. CCSF, 85.31, 5/77 0 O C Z v M O M 2 Parcel No. 83- 040.3 -A (Cont.) The sidelines of said 20 foot strip of land shall begin on a line that bears North 40 049'31" East and passes through the TRUE POINT OF BEGINNING and end on a line that bears North 36 °25'48" East and passes through the POINT OF TERMINUS. GRANTOR has acquired the rights and privileges herein conveyed by documents recorded April 15, 1983, as File /Page No. 83- 120927 and 83- 120928. 1412 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 respon- sible 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 approved by the Grantee, its successors ans 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 con ditions 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 succors 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. Executed this o29 day of 19.3 CL, k i s dog' L,e S. STATE OF t County of I On and State, personally appeared MCKELLAR DEVELOPMENT CORP; a corporation --A-9-s—A s t a a et BY: / Vice 17r e Ail 7P 19_ , before me, the undersigned, a Notary Public in and for said County ' known to me to be the person whose name subscribed to the within instrument, and acknowledged that executed the same. s Witness my hand and official seal. Notary Public in and for said County and State This is to certify that the interest in real property conveyed by the foregoing deed or grant to the COUNTY OF SAN DIEGO FLOOD CONTROL DISTRICT, ZONE 1 a political corporation and /or governmental agency is hereby accepted on behalf of its Board, pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979, and the Grantee consents to the recordation thereof by its duly authorized officer. Dated 3U, l f ire FRANK C. DEMLING, Chief Real Property Management Division Department of General Services STATE OF County of On��2�xp`����, before me, the u rs' ne otary Public in and for said County and State, personally appeared proved a on the b sis of s t v' ce o e the President and provtd to me on the basis of satisfactory efildence to bete Secretary Treasurer), respectively, of the Corporation that executed the within instrument and acknowledged to me that such Corporation executed the within instrument pursuant to its by -laws or a resolution of its Board of Directors. I OFFICIAL SEAL WITNESS my a d and,offi c' 1 al . ? , VICTORIA A. CARLSON or NOTARY PUBLIC • CALIFORNIA r PRINCIPAL OFFICE IN Sign ure F gAN D1EGD COUNTY es August 6. 1985 hewp_ r MY „Commtssioa ExP�.' .•i'1y,LW"?'�"a�4' Name Tvaed or Peinte r m v 'r: m v m