2000-254883 ,o0o.o,,,., z02 DOC 2000-025488.5
Recording Requested by: M~Y 16 2000 4
City of Encinitas
When Recorded, Mail to: ~[I~[~
City Clerk S~N DZE~ CD~TY ~EBO~'S OFF[CE
City of Encinitas ~GORY J. ~ITH, ~0UNTY REOOR~R
505 South Vulcan ~venue FEES: 0.00
Encinitas, CA 9e0e~ 0~:
For the benefit of the City SPACE ABOVE FOR R~CORDER'S
~ USE ONLY
A se or, Project No.
No. ~5H-&I3-OI W.O. No. DES 292
Encinitas Ranch Golf Authority, a Joint Exercise Powers Agency
duly orqanized and existinq under the laws of the State of
California
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.
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 Di~go, State of California, and is particularly described
as follows:
0235
See Exhibit "A" and Exhibit "B" 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 it 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.
Executed this day of ~-~ , 19 ~7.
OWNER:
By:
By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
(2ALIFOllNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
co .ty of
per~na,~ appeared ~
~ ~ ~s)
pemonally known to me - OR - ~ pmv~ to me on ~e basis of satisfa~o~ evidefl~ to ~ the pem~(s)
w~se name(s) I~are sub~dbed to the wi~in instrument
~d acknowled~d to me ~at h~sh~h~ execut~ the
same in hi~er~heir autho~z~ capac~(ies), and ~at by
hi~er~heir signature(s) on the instrument ~e ~mon(s),
or the enti~ upon behalf of whi~ the pemon(s) act~,
~ :~:: ;~;~:l~;~:;:~:: :i execut~ the instrument.
~A~ C~. S 11~7 ~ WITNESS ~and and offi~al seal.
O~tO~ .
~ ~e in~ ~low ~ n~ ~ by
~u~ ~
Description of A~ached D~ument
D~ument Date: O~ ~- ~ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: ~C~ ~ 5 ~ Signer's Name:
D I~ividual D Individual
~ Co.orate Officer , .... ~ Co.orate ~cer
~tle(s): ~ ~ ~e(s):
~ PaAner ~ D LimRed ~ General ~ Padner ~ ~ Limit~ ~ General
~ A~omey-in-Fact ~ A~omey-in-Fa~
~ Trustee ~ Trustee
D Guardian or Consewator ~
~ O~er: T~ of ~umb h~e ~ Other: T~ d thumb her*
Signer is Representing: Signer Is Representing:
GOVERNMENT CODE SECTION 27281
I certify on behalf of the City Council of the City of Encinitas,
pursuant to authority conferred by Resolution of said Council,
adopted on November 9, 1994, that the City of Encinitas consents
to the making of the foregoing Grant of Easement for Public Sewer
Purposes, accepts the easement granted thereon, and consents to
the recordation thereof by its duly authorized officer.
Dated: lo ~' ~
Alan D. Archibald, P.E.
Director of Engineering Services
EXHIBIT "A" 0238
LEGAL DESCRIPTION FOR
SEWER AND WATER EASEMENT
A strip of land, 18.00 feet wide, over that portion of Lot 53 of Tract No. 94-066 in the
City of Encinitas, County of San Diego, State of California, recorded September 4, 1996,
as Map No. 13356, Records of said County, the Easterly line of which is described as
follows:
Beginning at a point on the Southerly line of Paseo de las Flores, as shown on said map,
distant Westerly 6.75 feet along a curve concave Southerly having a radius 590.00 feet
through a central angle of 0°44'37" from the Easterly terminus of the course shown as
"Delta = 18°30'00'', R=520.00', L= 167.90'" along said Southerly line, a radial line to said
point bears North 18054'37" West; thence leaving said Southerly line, non-tangent from
said curve, South 24°21'59'' East 143.11 feet to the beginning of a tangent curve concave
Westerly having a radius of 344.00 feet; thence Southerly 134.32 feet along said curve
through a central angle of 22°22'21"; thence tangent from said curve, South 1°59'37" East
17.99 feet to the beginning of a tangent curve concave Westerly having a radius of 364.00
feet; thence Southerly 107.96 feet along said curve through a central angle of 16°59'37";
thence tangent from said curve, South 15000'00'' West 17.83 feet.
The Westerly line of said strip shall be prolonged or shortened so that it terminates
Northerly on said Southerly line and terminates Southerly on a line having a bearing of
"West" drawn from the Southerly terminus of the course described as "S15°00'00'~vV 17.83
feet" above.
As more particularly shown on Exhibit "B" attached hereto and made a part hereof·
Rory S. ~liams, L.S~ g6'g4 ~ FxP"~6Z3'99
My License Expires: 12-31-99
Januaiy 25, 1999
Page 1 of l
H&A Legal No. 4638
Prepared By: H. Foss
Checked By: R. Williams/fi~
EXHIBIT 'B' 10£39
Sketch to Accompany Legal Description
SEE SHEET 2 FOR VICINITY MAP :..-.....
'T'i:'::~. i".i':'.). '!ii!,'.-, ~.~.i"-C:E!~E': ~:o
~[ / .....:
POB
/ .- . .. "
'-~--_~ ~ =00°44'3?"
,//~_ __ / R=520.00'
/ -''-, / L=6.75'
/ ~ ~1~¢. "-, A =22°22'21"
'-7 R=344.00'
,' L= 134.32'
'..~ '--' S01 "59'ST'E
...... ~ 17.99'
EV[~..k: ["::-?. ["->'.-)'-J{~} '... A =~6°59'37''
~;' ~=3~4.00'
17.85'
WEST-~'
LEGEND
,
R~RY S~LLIAMS: L.g. 6654
~ CA~ LICENSEZXPlRES: 12-31-99
~ Hunsaker & Associates EASEMENT
~ I~ine, Inc. ·
SEWER
PURPOSES
I ~ r~ree ~ugA~s, /~ne, CA 92618 (949) 583 lOlO
I~ Planning · Enginee~ng · Su~eying IN THE CI~ OF ENCINITAS, COUN~ OF SAN DIEGO, STATE OF CALIFORNIA
01-25-9910~ 09-07-991
~ H. Foss V. EDGE SCALE: 1"=100' W.O. 1~4-21X
] l: 1774-21/L0/4638/EXHIBITB.DWO ~c NONE H&A LEGAL NO. 4658 SHEET I OF 2
EXHIBIT "B" 102q0
Sketch to Accompany Legal Description
gl-FY OF gARLSBAD
SITE
VICINITY MAP
NO SCALE
OtIunsaker & Associates EASEMENT
I~'vine, Inc. FOR SEWER PURPOSES
o*~: 01-25-991 .Ev. cK'.,~.o v. EDGE r
D^~ 09-07-991°~"x H. FOSS e~c SCALE: NONE W.O. 1774-21X
I: 1774-21/LD/4638/SHT02.DWG NONE H&A LEGAL NO. 4638 SHEET 2 OF 2