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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