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2002-76434 DOC 002-0076454 JAN 29~ 2002 4:52 P~ Recording Requested by: ) 0FFIClALRE~RDS District Engineer ) SM DIEGOC~NIYRECORDER'SOFFICE ) GREGORYJ. SMITH, C~NTYRE~ORER When Recorded, Mail to: ) FEES: 0.00 District Clerk ) 00: ~n City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) To benefit of the City of Encinitas )SPACE ABOVE FOR RECORDER'S SEWER ACCESS EASEMENT Assessor's Parcel Project CS 222 No. 264-270-13 W.O. No. DCS 222 Philip G. Decarion, Trustee of Decarion Living Trust, Date February 28, 1991 hereinafter designated Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do(es) hereby GRANT and CONVEY to the City of Encinitas herein designated Grantee, a perpetual exclusive easement and right-of-way for access purposes only upon, through, under, over and across the hereinafter described real property as required for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of SEWER pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, together with the perpetual right to remove buildings, fences, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right- of-way by 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 sewer lines or structures incidental thereto. To have and to hold said easement 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. DCD 222.doc 1/23/02 The real property referred to herein 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 Exhibit "A" and Exhibit "B" attached hereto and made a part by hereof by this reference. The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not interfere with or be detrimental to use of said easement and right-of way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon and the entire area encumbered by the sewer access easement shall be graded flat and unobstructed at all times, unless authorized by the Grantee in writing. The Grantors hereby covenant and agree for themselves, their heirs, successors and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement and right-of-way, any buildings or structures of any nature or kind that will interfere with the use of said easement and right-of-way unless authorized by said Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. When authorized by the Grantee, gates will be permitted as long as said gates remain unlocked, or, if locked, then Grantee shall be provided with a key at all times. In addition, Grantors, their successors or assigns, will be responsible for all existing improvements within the sewer easement and Grantee will not be held liable for any damages, thereto. The Grantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors or assigns, from crossing over said real property and agrees that the Grantors, their heirs, successors and assigns may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any pipe line in any excavation made by it in the above described easement and right-of-way Grantee will backfill any such excavation made by it so as to fill said ~xcavation as nearly as DCD 222.doc 1/22/02 practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material. Executed this ;3 day of ~~ , 200 .~"~ / OWNERS: By: ~~__~ By: By: By: By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Leroy Bodas Director of Engineering Services City of Encinitas DCD 222.doc 1/22/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ ~:~t~-.~) ~ ss. On ~"~ ~-,.~, ~l~)'Z-." , before me, L~.~..~ A . ~_.DT~-~d Date Name and T t e o Off cer eg, "Jane Dc.a, Notary Publ}c") personally appeared '~ ~J~T. 11.~'~ Name(s) of Signer(s) ~3[] personally known to me roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are  subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their J ~;2'.. _.~3n Diego Count/ ~' signature(s) on the instrument the person(s), or · ~ MyC~ornn',.Expi,~Moy9,~l~13~ ....... -~ ..... [ the entity upon behalf of which the person(s) acted, executed the instrument. WINES y hand nd Place Notary SealAbove L / v *' Signature of Notary Publi~! OPTIONAL Though the information below ia not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~/~.-.-U,..~'~ Document Date: I J ~'~, ~ '~ ~ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claj.med by (~igner · Signer's Name: ~0 ~,L[~ ~ Individual I ~ Corporate Officer--Title(s): Top of thumb here [] Partner-- ~ Limited ~ General Attorney in Fact rustee uardian or Conservator ~ Other: Signer Is Representing: SDE 4224.00 January 15, 2002 EXHIBIT LEGAL DESCRIPTION SEWER ACCESS EASEMENT NO'. 2 THAT PORTION PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED, DECEMBER 5, 1997 AS DOCUMENT NO. 1997-0614690 OF OFFICIAL RECORDS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING PARCEL 4 OF PARCEL MAP NO. 12666, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 14, 1983, AND OF PARCELS 3 AND 4 OF PARCEL MAP NO. 1918, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 20, 1973, AND OF A PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4 OF PARCEL MAP NO. 12666, BEING A POINT ON THE ARC A 390.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 48°58'41'' EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 15.44 FEET THROUGH A CENTRAL ANGLE OF 2°16'06'' TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 49.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 85°39'17'' WEST; THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 44.83 FEET THROUGH A CENTRAL ANGLE OF 51 °53'43"; THENCE SOUTH 56°14'26" EAST 65.22 FEET TO THE BEGINNING OF A TANGENT 503.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 28.11 FEET THROUGH A CENTRAL ANGLE OF 3°11'56" TO THE BEGINNING OF A REVERSE 40.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 36°57'30" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 9.58 FEET THROUGH A CENTRAL ANGLE OF 13°43'40" TO THE BEGINNING OF A COMPOUND 350.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 23°13'49" WEST; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE 30.02 FEET THROUGH A CENTRAL ANGLE OF 4°54'51"; THENCE SOUTH 71°41'01" EAST, 26.85 FEET TO THE BEGINNING OF A NON-TANGENT 70.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 39°35'00'' WEST, SAiD POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 73.44 FEET THROUGH A CENTRAL ANGLE OF 60°06'36"; THENCE SOUTH 72°20'50" EAST, 255.04 FEET TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 6.49 FEET THROUGH A CENTRAL ANGLE OF 12°23'56"; THENCE SOUTH 84o44'46" EAST, 5.70 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 10.98 FEET THROUGH A CENTRAL ANGLE OF 12°34'38"; THENCE SOUTH 72°10'08" EAST, 190.19 FEET; TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE 43.98 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH 17°49'52'' EAST, 22.00 FEET; THENCE SOUTH 72010'08'. EAST, 20.00 FEET; THENCE SOUTH 17°49'52" WEST, 22.00 FEET TO THE BEGINNING OF A TANGENT 28.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 43.96 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE SOUTH 72°10'08" EAST, 22.00 FEET; THENCE SOUTH 17049'52'. WEST, 20.00 FEET; THENCE NORTH 72°10'08" WEST, 288.19 FEET; TO THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE 6.59 FEET THROUGH A CENTRAL ANGLE OF 12°34'38"; THENCE NORTH 84°44'46'' WEST, 5.70 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 10.82 FEET THROUGH A CENTRAL ANGLE OF 12023'56"; THENCE NORTH 72°20'50" WEST, 255.04 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 40.33 FEET THROUGH A CENTRAL ANGLE OF 46012'48"; THENCE NON-TANGENT TO SAID CURVE NORTH 71°41'01" WEST, 24.59 FEET TO THE TRUE POINT OF BEGINNING. tJ:\1data~surveys/4224~Jegal\sew access esmnt 2 rev.doc ~