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2006-1949735 'II ., DOC # 2006-01 94735 1111111111111111111111111111111111111111111111I111111111111I1111111111 1~ R7cording R7~ested by: ~C1ty of Enc1n1tas J~~w~en Recorded, Mail to: if.\~ C1ty 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 OC: NA PAGES: 7 City IIMIIIIIIIIIIIIII tv10 Urf (II ./ ~t~..()j, , ~ Assessor's Parcel No. 258-240-58 SBWER EASEMBBT DOCUMENTARY TRANSFER TAX S ~ Project No. CEE04A REGAL VIEW,LTD.,A LIMITED PARTNERSHIP AND REGAL VIEW OWNER ASSOCIATION,INC., A CALIFORNIA NONPROFIT MUTUAL BENEFIT 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, 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 11;lade 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: . '1 See Exhibit "A" and Exhibit liB" 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 prC!,cticable 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 J ~ day of ()11l<U-- ' ~ '/(, GRANTOR: REGAL VIEW, LTD., A LIMITED PARTNERSHIP AND REGAL VIEW OWNER ASSOCIATION, INC. , A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION By: [Signature of OWNER must be notarized. acknowledgement.] Attach the appropriate ~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . . ~..c<:'-c<'-C("..c<:'.c<'-<X'..c<'~..c<:'..(X'.('X'..c<:'~..(X'.c<-.('X'.('X',e<>c<"..c<'ij-<X'~~-c<:'..c<:'<<~<'<<-e<:~<<~<<-~~<<~.Q.;; c ..... (i .0'> (') .., Q g X t-,. .~ c'i ''> t-,: g 0, ;.., ~ (), ,., ~ ~ g g ~ ~ ~ :;S @ ~ ~ g g ~ ~ ~ ~. ~ @ ~ ~ ~. ~ ~ ~ ~ ~ ~ ?j' ~ ~ ~ g ~ ~. ~ '.' - .~~~~.X State of California }ss County of ~ ~ On (Ylonc6. (S I ~,before me,~o" t,. U /J..CTI)VR, ~~'t /,VI5L{c. Date Name and TItle of Officer (e.g.. "Jane Doe. Notarl PublIC') personally appeared A-M tt }fA e.l<./ /3l3l.Al Name(s) of Signer(s) o personally known to me ~ved to me on the basis of satisfactory evidence to be the person(s} whose name(s} (Qire subscribed to the within i strument and acknowledged to me that he t ey executed the same in his er eir au~ed capacity(ies), and that by hi~heir signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. ',G. IMlWGUR c....&~=~ .. 0iIt0 COunty I ~,~~~~~.~..~t.2~!J Place Notary Seal Above 7~a~~ Si re 01 Notary Pub 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 TiUe 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 THUMBPRIUT OF SIGNER Top of thumb here Signer Is Representing: Cll997 National Notary Association. 9350 De SolO Ave., P.O. Box 2402. Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder; Call ToU-Free 1-800-876-6827 .' 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: C!//o;/~~ By: Peter Cota-Robles, P.E. Director of Engineering Services City of Encinitas .. EXHIBIT "A" LEGAL DESCRIPTION APN: 258-240-58 VESTING: TIIATPORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE4 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 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 WESTERL YLINE OF SAID LOT 1 SOUTH 00052' 16" WEST 396.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 66033 '42" EAST 48.72 FEET; THENCE SOUTH 00052'05" WEST 132.05 FEET; THENCE SOUTH 89040'48" EAST 306.37 FEET; THENCE SOUTH 1018' 19" WEST 20.00 FEET; THENCE NORTH 89040'48" WEST 326.22 FEET; THENCE NORTH 00052'05" EAST 138.90 FEET; THENCE NORTH 66033'42" WEST 27.06 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE NORTH 00052' 16" EAST 21.66 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 9,793 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT 'B'. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACf. SIGNATURE~.2 ...A(' UCENSED LAND SURVEYOR DATE ~d.r~.ry Uj ZDt:x:. ol'. . of SCALE . ,--80' F' EXHIBIT "B" P.o.c. NW COR LOT 1 MAP 7290 '1 \ VICINITY MAP' NO SCALE SANTA FE DR. REQUEZA ST. .----------.--------- (I) 8 u. N ... en . =e /~~~ /~/ '" . 4 0 r-------------- I'l'l' ,~, ____.___"'"_Jr---------,----- (I' " /r,..----------' ( , '..... ./ I, ' / I v ILJ Ir II II II II II " II T.P .O.B. , I /,/'> I, /'" ",/ I' ~",,,,/ , L_--'; A '"---- I I I I' IL______ c... CD en C>> "t 258-240-58 <D<D@ . ~C SEE SHEET 2 r _ _____ / ------ ---======~=~=-======= @ . '" B r---'-..J . I..._.J EXISTING EASEMENTS @ -.DRAlNAGE EASEMENT DEDICATED ON MAP 7290 @ SEWER EASEMENT DEDICATED ON MAP 7290 @ ACCESS AND DRAINAGE EASEMENT TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT DEDICATED ON MAP 7290 @ WATERLINE EASEMENT TO SAN OIEGUITO IRRIGATION DISTRICT RECORDED SEPT. 1, 1971 AS FILE NO. 198319 AS SHOWN ON MAP 7290 . THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. ~,.2.4 F~I',,1tU.Z-' MICHAEL L. SCHLUMPBERGER . DA ., Rilht-Of-Way Enlineerinl Services. Inc, 4187 Avenlda De La Plata Ste. 114 . Oceanside. CA 92058 (780) 732-1388 FAX (780) 732-1387 Drawing file nome: 258-240-58 Sewer Eosement.dwg <D BLANKET ELECTRIC EASEMENT TO SOG&E RECORDED NOVEMBER 21, 1972 AS F /P 311929 AND JULY 23, 1974 AS F /P74-197191. <D BLANKET COMMUNICATION EASEMENT TO PACIFIC TELEPHONEANO TELEGRAPH RECORDED FEBRUARY 23, 1973 AS F/P 73-047909 @ BLANKET CABLE TELEVISION EASEMENT TO THE TIMES MIRROR COMPANY RECORDED OCTOBER 13, 1972 AS F /P 275897 CITY OF ENCINITAS SEWER EASEMENT VESTING: REGAL VIEW, LTD., A LIMITED PARTNERSHIP AND REGAL VIEW OWNER ASSOCIATION, INC., A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION DATE: FEBRUARY 15, 2006 SHEET: 1 OF 2 . , .. ~ n . .... ~$ x w ~ :: \ al,\\ ., \ \ ., \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I I I I r- SOO.S2.0S.W I- - m - I X W ai d 0.: ,.: t- Z w :E w (J) <( W .. 0 a::: ~ ~ ~ U W (/), (/) <C col- 10 - ,Z 0- .q-U NZ ILaJ co ~l.L ~ F c;; a o < I- . ;~ ~3 ~~ <:I lIJ . ~t: ~5t 0'" ffi~ 00) ~ 1 o ~:! 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