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.
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