2006-194736
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DOC # 2006-0194736
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~~ReCOrding Requested by:
O~v~ City of Encinitas
t~ When Recorded, Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the
MAR 21 , 2006 3:51 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
DC: NA
PAGES: 8
City
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Assessor's Parcel
No. 258-240-56
SEWER EASEIIBRT ~
DOCUMENTARY TRANSFER TAX $ //
Project No. CEE04A
RANCHO COASTAL HUMANE SOCIETY, A CALIFORNIA CORPORATION
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, A Municipal
Corporation, 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, a.nd
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 subj ect 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" 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 covenan~ and agree for themselves, their
heirs, successors and ass1gns, 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 hereb~ covenants and agrees for itself, its
successors and ass1gns, 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 ~A/l..c.JJ
5lPD4 .
GRANTOR: Jim silveira, President/CEO
Rancho-Coastal Humane Society
[Signature of OWNER must be notarized.
Attach the appropriate
acknowledgement.]
. r
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: ...2/1/0"
f;l a. ~
By:
Peter Cota-Robles, P.E.
Director of Engineering Services
City of Encinitas
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Prod. No. 5907 Reotder: Call Toll-Free 1-800-876-6827
"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} 55
County of ':->'41 lJl~
On /YJ~ I, 2MfrJ ,before me~A , .k/J.J.aOJ2, '()~'1 PU!dLl(.
Date' Name and Tille of ONicer (e.9.. "Jane Doe. Notary Public")
personally appeared.::::r..-AJ..4. E.5 J.,l, ~I L V€ I Je 11
Name(s) 01 Slgner!s)
o personally known to me
tbroved to me on the basis of satisfactory
evidence
· fti~LUoURl
;1 ~.t~"NOS
if NIIIc. ~
> SIft ..... eount,
Mr . EJlp.""''' t007
to be the person(s) whose name(s)~re
subscribed to the with' instrument and
acknowledged to me e e/they executed
the same in hi r/their Ahorized
capacity(ies), and that by ~er/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Nolary Seal Above
WITNESS my hand and official seal.
~~~~~/
, ture of NO~ary P
OPTIONAL
Though the information below is 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:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer- Title(s):
. 0 Partner - 0 Limited 0 General .
o Attorney in Fact
o Trustee
o Guardian or Conservator'
o Other:
RIGHT THUMBPRlm
OF SIGNER
Top ollhumb here
Signer Is Representing:
. ,"' '. . .'
- . -
C 1997 National Notary Association' 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402
"
EXHIBIT" A"
LEGAL DESCRIPTION
APN: 258-240-56
VESTING: RANCHO-COSTAL HUMANE SOCIETY, A CALIFORNIA CORPORATION
THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4
WEST SAN BERNARDINO MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA DESCRIBED IN THAT GRANT DEED RECORDED MARCH I, 2005 AS
DOCUMENT NO. 2005-0168217, GRANT DEED RECORDED OCTOBER 14, 1960 AS FILEJPAGE NO.
205338 AND QUITCLAIM DEED RECORDED MARCH 21, 1966 AS FILElPAGE NO. 47748 ALL
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 1 OF MAP NO. 7920 RECORDED
MAY 31,1972 AS FILE NO. 137539 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF REQUEZA STREET AS SHOWN ON
CAL TRANS RIGHT OF WAY MAP LO-3738 SOUTH 84042'44" WEST (RECORD SOUTH 85020'56"
EAST) 131.98 FEET TO AN ANGLE POINT IN SAID SOUTHERLY RIGHT OF WAY;
THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY SOUTH 79006'46" WEST
(RECORD SOUTH 79044'58" WEST) 13.29 FEET TOTHE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY SOUTH 4034 '26" EAST 86.57 FEET;
THENCE SOUTH 0000'00" EAST 212.13 FEET TO THE BOUNDARY OF THAT PARCEL DESCRIBED
IN THAT DEED RECORDED AUGUST 2,1956 IN BOOK 6203 PAGE 45 AS SHOWN ON RECORD OF
SURVEY 17265 RECORDED JANUARY 31, 2002 AS FILE NO. 2002-0084766 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID PARCEL NORTH 89023'19" WEST (DEED RECORD NORTH 89035'30"
WEST) 7.90 FEET TO AN ANGLE POINT IN SAID PARCEL;
THENCE CONTINUING ALONG SAID PARCEL SOUTH 0038'56" WEST (DEED RECORD SOUTH
0038'30" WEST) 9.39 FEET TO THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN GRANT
DEED RECORDED IN BOOK 6789 PAGE 520 AS SHOWN ON SAID RECORD OF SURVEY 17265;
THENCE ALONG SAID PARCEL CONTINUING SOUTH 00038'56" WEST (DEED RECORD SOUTH
00038'30" WEST) 22.38 FEET TO THE NORTH LINE OF THAT PARCEL DESCRIBED IN SAID
GRANT DEED RECORDED MARCH 1,2005 AS DOCUMENT NO. 2005-0168217;
THENCE ALONG SAID NORTH LINE SOUTH 89021 '04" EAST 26.00 FEET TO THE WESTERLY
LINE OF SAID GRANT DEED; ,
THENCE LEAVING SAID NORTHERLY LINE ALONG SAID EASTERLY LINE SOUTH 00038'56"
WEST 25.01 FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 66033 '42" WEST 40.83 FEET;
THENCE NORTH 0000'00" WEST 252.09 FEET;
<t
THENCE NORTH 4034'26" WEST 83.55 FEET TO SAID SOUTHERLY RIGHT OF WAY OF RlQUEZA
STREET; .
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY NORTH 79006'46" EAST (RECORD NORTH
79044'58" EAST) 20.12 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 6,957 SQUARE FEET MORE OR LESS.
ATTACHED HERETO AND MADRA PART HEREOF IS A PLAT LABELED EXHIBIT 'B'.
TInS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS Acr.
SIGNATURE ~..2 d
LICENSED LAND SURVEYOR
DATE F-.b I'v-'Y Zl.J Z40.
.. ,
SCALE
1".200'
'1
\
VICINITY MAP'
NO SCALE
EXHIBIT
"B"
S79"06'46"W
13.29'
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258-240-56 . Gf:
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SANTA FE DR.
THIS MAP WAS PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH THE
PROFESSIONAL LAND SURVEYOR'S ACT.
S84'42'44.W
131.98' REQUEZA ST.
EXISTING EASEMENTS
@ ROAD AND UTILITY EASEMENT
RECORDED JANUARY 26,
2004 AS
.DOC,2004-0056888,
DOC'2oo4~0056889 AND
FEBRUARY 9, 2004 AS
DOC,2oo4-01 01 825
@ t 12' WIDE POLE LINE
EASEMENT TO SDG&:E
RECORDED AUGUST 27, 1962
AS F/P 147514
@POLE LINE EASEMENT TO
SDG&:E UNSPECIFIED WIDTH
RECORDED OCTOBER 19, 1948
AS BOOK 2985 PAGE 229
@18' WIDE ROAD AND UrtLlTY
EASEMENT RESERVED AND
GRANTED BY VARIOUS DEEDS
OF RECORD.
<0 t 12' WIDE POLE LINE
EASEMENT TO SDG&:E
RECORDED JANUARY 9, 1957
AS BOOK 6404 PAGE 550
(f)t 12' WIDE POLE LINE
EASEMENT TO SDG&E
RECORDED JUNE 19, 1962 AS
F /P 104402
@t 12' WIDE POLE LINE EASEMENT
TO SDG&:E RECORDED AUGUST
19, 1958 AS BOOK 7218 PAGE
454
@t 20' WIDE STORMDRAIN
EASEMENT TO CITY OF ENCINITAS
RECORDED SEPTEMBER 20, 2005
AS 2005-0812014
~.2 ~ '. . ~""N't l~ ~
MICHAEL L. SCHLUMPBERGER DA T
APN.: 258-240-56
CITY OF ENCINITAS
SEWER EASEMENT
Right-Or-Way Engineering Services, Inc.
4167 Avenlda De La Plata Sta. 114 . OceaMlde. Co\. 92068
(760) 732-1366 FAX (760) 732-1367
Drawing file nome: 258-240-56 Sewer Easement.dwg
"
VESTING: RANCHO-COASTAL HUMANE SOCIETY, A
CALIFORNIA COORPORA TION
DA TE: FEBRUARY 16, 2006
SHEET: 1 OF 2
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