1996-597449 RECORDED REQUEST OF C~, bi 996
FIRST AMERICAN TITLE
Recording Requested by:
City of Encintias
When Recorded, Mail to:
City Clerk
City 0f Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the City SPACE ~OVE FOR RECORDER'S
USE ONLY
SEWER W. AS ~M~NT
D~/JM~qTARY TRANSFER TA)( $ O
Assessor's Parcel Project
No. 256-171-06 W.O. No. 9.6--Z%5,0 6~
DUANE U. DEVERILL, AS TRUSTEE OF THE DEVERILL FAMILY TRUST DATED
10/25/90, TRUST 1.
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 easement and right-of-way upon, through, under, over and
across the hereinafter described real property 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,
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.
BK/hz/2813.doc (10-26-95)
178
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.
The real property referred to herein 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:
See Exhibit "A" attached hereto and made a part 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 the use of said easement and right-of-way by
Grantee, its successors and assigns, provided no trees shall be
planted or grown thereon.
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 building or structure of any
nature or kind that will interfere with the use of said easement
and right-of-way by Grantee, its successors or assigns, or that
will interfere with the ingress or egress along said easement by
said Grantee, its successors or assigns.
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 by it in any excavation made by it in the above
described easement and right-of-way ~t will backfill any such
excavation made by it so as to fill said excavation as nearly as
practicable to the level of the surrounding ground, and will
replace any oiled, asphalt or concrete surface with like material
and will replace any fence removed by it.
BK/hz/2813.doc (10-26-95)
179
Executed this ;~ day of ~)r_~-~.,~r- , 19 ~
OWNER:
By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgment.]
I certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution No. 94-107 of said
Council adopted on November 9, 1994 that the City of Encinitas
consents to the making of the foregoing Easement Dedication and
consents to recordation thereof by its duly authorized officer.
Dated: Il-q-~ ~_~ ~,~ Alan D. Archibald
Director of Engineering Services
BK/hz/2813.doc (10-26-95)
" %5 ~ A M E R .,r C 180
STATE OF CALIFORNIA }ss.
COUNTY OF
On (~5¢4 . I~; Iqq(¢ , before me, 1.-/~.~ (' · (~.-'tFi~c¥')fcY'
personally appeared 1.2,~¢z~. L)' ~u~"¢l If ~
, ~crso~known to me
(or proved to me on the basis of satisfactory evidence) to be the person(~ whose name(~ is/~
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/~authorized capacity(its), and that by his/~d~eir-signature(~ on the instrument the
person~ or the entity upan behalf of which the person(~ acted, executed the instrument.
! ~ LORI C. CARPENTER i
WITNESS my hand and official seal. '~~ ~aa.~osgo5s e
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages.
Other signatures not acknowledged
3008 (1/94) (General)
181
EXHIBIT "A" PUBLIC SEWER EASEMENT:
AN EASEMENT FOR SEWER PURPOSES ACROSS THE WEST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SkN
BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED APRIL 19, 1881 kND DESCRIBED AS FOLLOWS:
PARCEL A
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER; THENCE ALONG THE SOUTHERLY LINE THEREOF,
SOUTH 88052'57'' EAST, 228.30 FEET (SOUTH 88052'50'' EAST, 228.30
FEET PER DEED); THENCE LEAVING SAID SOUTHERLY LINE NORTH 01°
07'03" EAST, 40.00 FEET (NORTH 1°07'10'' EAST, 40.00 FEET PER
DEED); THENCE NORTH 88 52'57" WEST, 112.90 FEET (NORTH 88052'50"
WEST, 113.04 FEET PER DEED); THENCE NORTH 12057'27'' WEST, 294.69
FEET (NORTH 12°57'20 WEST PER DEED) TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 88°04'01'' EAST, 208.89 FEET; THENCE NORTH
2035'30`' EAST, 20.00 FEET; THENCE NORTH 88°04'01'' WEST, 214.44
FEET; THENCE SOUTH 12057'27'' EAST, 20.69 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL B
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF
THE NORTHWEST QUARTE~{; THENCE ALONG THE SOUTHERLY LINE THEREOF,
SOUTH 88052'57'' EAST, 228.30 FEET (SOUTH 88052'50'' EAST, 228.30
FEET PER DEED); THENCE LEAVING SAID SOUTHERLY LINE NORTH
01007'03'' EAST, 20.00 FEET (NORTH 1°07'10'' EAST PER DEED); THENCE
SOUTH 88052'47'' EAST, 6.51 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 28051'27'' EAST 22.60 FEET; THENCE NORTH 2035'30''
EAST, 340.18 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
WESTERLY AND SOUTHERLY, HAVING A RADIUS OF 60.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62000'20'' A
DISTANCE OF 64.93 TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
EASTERLY AND SOUTHERLY, HAVING A RADIUS OF 38.00 FEET; THENCE
WESTERLY kND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 160°59'17'' A DISTANCE OF 106.77 FEET; THENCE RADIAL TO SAID
CURVE, NORTH 11034'27'' EAST 5.00 FEET TO THE BEGINNING OF A
CURVE, CONCAVE SOUTHERLY AND WESTERLY, HAVING A RADIUS OF 43.00
FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 11034'27'' WEST;
THENCE EASTERLY ~a_ND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 81001'03'' A DISTANCE OF 60.80 FEET; THENCE SOUTH
2035'30'' WEST, 424.92 FEET; THENCE SOUTH 23040'30'' EAST, 23.17
FEET; THENCE NORTH 88052'57'' WEST, 49.27 FEET TO THE TRUE POINT
OF BEGINNING.