2006-231200
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DOC # 2006-0231200
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~ Recording Requested by:
~r City of Encinitas
~ When Recorded, Mail to:
fV{' Ci ty Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the
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APR 04, 2006 3:26 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES 0.00
OC NA
PAGES: 6
City
111111111/111111111111111111111 111111111111 111111111111 1111 IIIIII
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SEWER EASEMBIlT
Assessor I S partlel ../ Project No. CS 520'
No. 256-340-34 AND PORTIONS OF 256-340-38,~ L/rt1 W.O. DCS 520
~ (04-059 CDP)
SEACREST HOLDINGS 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 (Encinitas Sanitation District) herein designated
Grantee, a perpetual easement and right -of -~y upon,. through,
~'1if1'1Gie'r ,'7,)"oV~Jt< ""'atrcj' 'atfrO"s$J the hereinafter: desetlbeBff r~~~(~; prop~rty
. 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 r~ferred to herein and made subject to said
easement and right-of-way by this grant is situated in the County
of San Diego, State of California, and is particularly descrjb~d
as 'follows: : . .' ..,
See Exhibit "A" and Exh.ibit "B" att~Sf1ed qeret-G}.:andjtt\a'iie ":;cf.c15~~fi"
h~t;. by..: .tihis~ r~fe\relf2t€..,:-
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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 themsel ves, 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
I ?7/-fA
day of ~ ,200"
~~R: a. .d ?G,.. ·
SEA~ORPORATION
PAM FERRIS - PRESIDENT / --,t-
By: _~tV\ lUnG
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
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GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by
deed or grant to the City of Encinitas, a Municipal Corporation
(Encinitas Sanitation District), is hereby accepted by the
undersigned agent on behalf of the City of Encinitas, a Municipal
Corporation (Encinitas Sanitation District) pursuant to authority
by Resolution of the Board adopted on March 20, 1979 and the
grantee consents to recordation thereof by its duly authorized
officer.
By:
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Dated:
Peter Cota-Robles, P.E.
City Engineer
City of Encinitas
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EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, INCLUDED IN THAT LAND DESCRIBED IN DEEDS TO SAN DIEGO
HEBREW HOME FOR THE AGED, RECORDED JULY 7, 1987 AS FILE NO. 87-376757 AND
JULY 2, 1982 AS FILE NO. 82-207301 AND THAT LAND DESCRIBED IN DEED TO FRANCIS E.
MOJONNIER AND JOYCE F. MOJONNIER, RECORDED AUGUST 27,1982 AS FILE NO. 82-
266430, ALL OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, TOGETHER WITH
ALL OF PARCEL 1 AND A PORTION OF PARCEL 3 OF PARCEL MAP NO. 18693, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 42001
AS FILE NO. 2001-0282736, OFFICIAL RECORDS OF SAN DIEGO COUNTY, AS DESCRIBED
AS LOT 1 IN THAT CERTIFICATE OF COMPLIANCE RECORDED MARCH 28, 2002 AS FILE
NO. 2002-0260530 OF OFFICIAL RECORDS, ALL DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 1 AS DESCRIBED
IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 28, 2002 AS FILE NO. 2002-0260530,
SAID CORNER BEING THE INTERSECTION OF THE EASTERLY LINE OF SAXONY ROAD
AND THE NORTHERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID
EASTERLY LINE OF SAXONY ROAD SOUTH 1047'42" WEST 23.98'; THENCE CONTINUING
ALONG SAID EASTERLY LINE OF SAXONY ROAD NORTH 89015'10" WEST 6.00'; THENCE
CONTINUING ALONG SAID EASTERLY LINE SOUTH 1047'42" WEST A DISTANCE OF 326.50';
THENCE CONTINUING ALONG SAID EASTERLY LINE OF SAXONY ROAD SOUTH 89020'49"
EAST A DISTANCE OF 5.00' TO THE TRUE POINT OF BEGINNING; SAID POINT LYING ON
THE SOUTHERLY LINE OF SAXONY LANE AS DESCRIBED IN DOCUMENT NUMBER 86-
616159 RECORDED DECEMBER 30,1986; THENCE EASTERLY ALONG SAID SOUTHERLY
LINE OF SAXONY LANE SOUTH 89020'49" EAST A DISTANCE OF 568.94'; THENCE SOUTH
00039'11" WEST 7.50'; THENCE NORTH 89020'49" WEST 569.09' TO THE EASTERLY LINE OF
SAID SAXONY ROAD; THENCE NORTH 1047'42" EAST ALONG SAID EASTERLY LINE OF
SAXONY ROAD A DISTANCE OF 7.50' TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.098 ACRES.
F:\ADMIN\343\LD1381.DOC
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is: ~ 40' WIDE ESMT TO THE COUNTY Of SAN
)... 1 DIEGO fOR ROAD AND PUBUC UTlUTY AND
I~ 1 INCIDENTAL PURPOSES REC. DECEMBER 30, ~
~ 1986, fiLE NO. 86-616159 ~ 'If-
i1i - - '89.20' 49" < 5.00' - - SAXONY LANE - - - -- =l=- ~ . - ~ -
589020' 49- E 568. 94' =-=='-=-= _ ~
N890 20' 49- W 569.09' - -1
7.50'
500039' ,,- W 7.50'
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510 4r 42- W 23. 98'
N890 15' 10- W 6.00'
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EXHIBIT "B"
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Lor 1 PER CJOJCJ
RECORDED MARCH
28" 2002 AS FiLE
NOJ 2002....0280680
Lor 2 PER CJOJCJ
RECORDED MARCH
28" 2002 AS FiLE
NOJ 2002....0280680
ESMT. TO THE CITY
Of ENCINITAS fOR
PUBUC HIGHWA Y,
REC. APRIL 14,
1988, fiLE NO.
88-172860
ENGINEER OF WORK:
Lor 1 PER CJOJCJ
RECORDED MARCH
28" 2002 AS FiLE
NOJ 2002....0280680
LEGEND
'-JIiilIlrlflll.llll = INDICA TES EASEMENT TO
ENClNITAS SAN/TA TlON DISTRICT
DEDICA TED HEREWITH - 0.098 AC
P.O.C. = POINT Of COMMENCEMENT
T.P.O.B. = TRUE POINT Of BEGINNING
ENQNITAS
SANITATION DISTRICT
EASEMENT
A POR77ON OF LOT 1 AS DESCRIBED
IN CCR77F7CA 7f OF COMPUANCE
RECORDED MARCH 28, 2002 AS F7LC
STUART PEACE
RCE 127232
MAP PREPARED BY: STUART ENQNEER/NG
ADDRESS 7525 IE'IRa'OI./TAN DR., SUITC JOB
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of ~ &(~
}ss.
On ~d., /1. ~()O'. before me, JL~IV'Ft::'">e /. ~ 4-t<~
personally ap;::red ~/&1 /=i::?e..ieI S Name and Trtle of otIicer (e.g., "Jane Doe, Notary Public")
Name(s) of Signer(s)
~nd]Z:~al
U ' Signature of Notary Public .
OPTIONAL
Though the infonnation 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 fonn to another document.
o personally known to me
rp proved to me on the basis of satisfactory
evidence
to be the person~ whose name~ is/~
subscribed to the within instrument and
acknowledged to me that Re1she/tAey executed
the same in I;Hsther/tbeir authorized
capacity(i8St, and that by ~/her/tAeir
signature(eron the instrument the person(iIt. or
the entity upon behalf of which the person(.s?
acted, executed the instrument.
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Number of Pages:
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@ JENNIFER I. BAUER
. Commission # 1381385
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~ .. Notary Public - California ~
J San Diego County f
.... ~ .... _My:o:m~~re~~2~~
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Signer(s) Other Than Named Above:
RIGHT THUMBPRINT
Dc "IGNER
Top of thumb here
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Signer Is Representing:
C> 1997 National Notary Association . 9350 De SotoAve.. P.O. Box 2402' Chatsworth, CA 91313-2402
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Prod. No. 5907 Reorder: Call ToU-Free 1-800-876-6827
Place Notary Seal Above
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Description of Attached Document
Title or Type of Document: S; ewL ~
3/1/06
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Document Date:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
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