2006-1949735
'II .,
DOC # 2006-01 94735
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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
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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
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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
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.. 0iIt0 COunty I
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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
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VICINITY MAP'
NO SCALE
SANTA FE DR.
REQUEZA ST.
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258-240-58
<D<D@
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SEE SHEET 2 r _ _____
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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
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