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2006-231200 ,; .. DOC # 2006-0231200 111111111111111111111111111111111111111111111111111111111 1111I11111111 o ~ 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 ~~ ) ) ) ) ) ) ) ) ) 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 ~ Loh 61~ f '~._-~.-- 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€..,:- , ' , .. ~. 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.] , , ". 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: \1 /Jl ;z. /0(;, r , A11.~ Dated: Peter Cota-Robles, P.E. City Engineer City of Encinitas ~ .:' ..: 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 1 ~ I~ 1""5 I ~ ~ ~'f.,.., ~~ 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' 'w .. P.O.c. I I I 1 I 1 I I I I I I 1 I 1 I " -- 510 4r 42- W 23. 98' N890 15' 10- W 6.00' ~ EXHIBIT "B" S :M - 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 ,.. ~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT I~ ~ I, . . I I' I, I, I' 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. & le^,,--e.J Number of Pages: ~ plki Ad.t.o , I'.... I' I I'. I, I, I' I. I I, ~~~~~~~~~~~~~~ @ JENNIFER I. BAUER . Commission # 1381385 - z ~ .. Notary Public - California ~ J San Diego County f .... ~ .... _My:o:m~~re~~2~~ I' I, I, I I' I, Signer(s) Other Than Named Above: RIGHT THUMBPRINT Dc "IGNER Top of thumb here I, Signer Is Representing: C> 1997 National Notary Association . 9350 De SotoAve.. P.O. Box 2402' Chatsworth, CA 91313-2402 ~.J Prod. No. 5907 Reorder: Call ToU-Free 1-800-876-6827 Place Notary Seal Above I' I I, I' I, I, I' Description of Attached Document Title or Type of Document: S; ewL ~ 3/1/06 . , &:; '1 .1 ,I 'I 'I ,I ,I .j .j I ., 'j ,I ,I ,I .j 'I ,I 'I .1 .1 .j I' I. 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: 1K; -