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2006-194736 , t 'J DOC # 2006-0194736 1111111111111111111111111111111111111111111111111111111111111111111111 1<< ~~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 I I1I1I 1III 1m _IIIIIII_~ 11111111111111111111111111111111111 liD ur1 b l' 6""<(;() ;; 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 . . :C<'.l5<'.c<'~.l5<'.,c<'.iX~-C<:.iX.iX.e<'.c<'.c<',c<X:;C'.c<',CMX<<..e<'.l5<'<<Q:.c<'/;!;<XX~<,..cx.c<:...~tt...x.<<<.-<::...~5X;Q.":; (.; ." (i .') Q, ~ g p, () g ,.., (:; X ~ () ~ (), .:') ~ ~ ~ ~ 8 ~ :is ~ ~ g ~ :~ g ~ ~ ~ ~. ~ g ~ ~ ~ ~ g ~ ~ ~ g ?j. ~ ~ ~ ~ ~ ~. g ._......_..~J.;, 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' i .~\ I I ! .1 258-240-56 . Gf: @-1 I , I ~ \ ~ \ ~~~ ~.A <D-.~ <<' ~ S <<' U' 0) 'It I. o 'It N I ao It) N 'It o I o 'It N I :R N 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 ~ ~. :9- "'IQ o ~::r o ..,. !. = I .Z:: e. 0 .-.. g,. .... 2!a. I "00. =>....... lIII !~&''< .. I "ll tw::I N ~'ii ::s U>!!;o_ CD _ -::. ~~ ::s ~~!,(D I ... (D ~~:;: :!. Q ::s ~.s'1Q IE 0 ~~3cn ITI I ~ (D lil&15:~ 3 ~ 1';- .. (") (D ~ 'iftf. !J Q. ~ I[ . ~ I I I I I I I I I I I I I I '+~" \ "" \ " \ \ \ \ I \ \ \ \ \ \ \ I \ \ I I \ I \ \ I \ I \ I \ I I I <>>0 Co~ ~o jgrn ~~ . 1"1 ~> i'o 1"1"TJ 1"1 i~ f;i~ (/)~ (/)-t > 8 5a .~ ~ c > ~ r.1 (I) :1 ." Z (J) l'TI 9 m IT1 n ::0 c ::0 ~ ~ )> > ~~ ::0 \J -< cQ z .. bO :::0 0 !'l ::01 N Zo "'TI l\J -0 U1 0 >> IT1 ~ 0(1) fTlOJ 8~ > Z~ ::0 (/) (") ~ ~:r IT1 - 0 ~c Z I >1: 3:: U1 :1~ ~ 01 (I) il'Tl IT1 :r (I) Z (J) l'TI 0 lTl ;-;t 0 -t iTi N -t .-< 0 > ." N ..... ~ ~. I'T1 X :::c - (D - --I ". ". (D .. ..