2006-194737
4
.J
DOC # 2006-0194737
1111111111111111111111111111111111111111111111111111111111111111111111
~ Recording Requested by:
~City of Encinitas
~When Recorded, Mail to:
rJr 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 6
City
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Assessor's Parcel
No. 258-240-49
SEWBR BASEMBRT /?
DOCUMENTARY TRANSFER TAX S V
Project No. CEE04A
ANTHONY SEMO, AN UNMARRIED MAN
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 m~de 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:
of
."
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
J
day of
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GRANTOR: ANTHONY SEMO
By: if~
By:
[Signature of OWNER must be notarized.
acknowledgement.]
Attach the appropriate
..
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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County of ~ ~
on/Yft'HrA 3, 2ffl~. before me,~IOJI ~. UIL(sWvR. ,{)(J'7'1fK'1 fud4/C.
Dale Name and Tille of Officer (e.g.. "Jane Doe. NOla~1 Public")
personally appeared .IJ../JT-flo Ai '1 ..:5~M D
Name(s) of $ogner(s)
o personally known to me
~roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) (fJare
sUbscribed. to th~. withi in.strument and
acknowledged to me . she/they executed
the same in .. er/their ~thorized
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 Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons reiying 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):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator ..
o Other:
RIGHT THUMBPRINT
OF SiGNER
Top of thumb here
Signer Is Representing:
. C 1997 National Notary Association. 9350 De Solo Ave., P.O. Box 2402. Chalsworth, CA 91313-2402
Prod. No. 5907 Reorder: Call Toll-Free 1.800-876-6827
'0
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: '- ~/~ /0(0
/
By:
Peter Cota-Robles, P.E.
Director of Engineering Services
City of Encinitas
'.
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 258~240-49
VESTING: ANTHONY SEMO, AN UNMARRIED MAN
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 INTERSPOUSAL GRANT DEED RECORDED
NOVEMBER 24, 1999 AS DOCUMENT NO. 1999-0778660 RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
. COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 1 OFMAP NO. 7920 RECORDED
MAY 31, 1972 AS FILE NO. 137539 IN THEOFFICE OF THE. COUNTY RECORDER OF SAID
COUNTY;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY OF REQUEZA STREET AS SHOWN ON
CALTRANS 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 coNTlNUING ALONG SAID SOUTHERL YRlGHT OF WAY SOUTH 79006'46" WEST
(RECORD SOUTH 79044'~g" WEST) 13.29;
THENCE LEA VlNG SAID SOUTHERLY RIGHT OF WAY SOUTH 4034 '26" EAST 86.57 FEET;
THENCE SOUTH 0000'00" EAST 21i.13 FEET TO THE BOUNDARY OF THA TP ARCEL 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 AND THE TRUE POINT OF BEGINNING;
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 THATP ARCEL DESCRIBED IN GRANT
DEED RECORDED IN BOOK 6789 PAGE 520 AS SHOWN ON SAID RECORD OF SURVEY 17265;
. .
THENCE ALONG SAID NORTHERLY LINE SOUTH 89045'33" EAST (DEED RECORD SOUTH
89044'05" EAST) 8.00 FEET;
. . .
. . .
THENCE LEAVING SAID NORTHERLY LINE NORTH 00000'00" WEST 9.34 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 74 SQUARE FEET MORE OR LESS.
ATTACiIED HERETO AND MADE APART HEREOF IS A PLAT LABELED EXHIBIT 'B'.
nnSREAL PROPERTY DESCRIP1'iON HAS BEEN PREPARED BY ME, OR UNDERMY DIRECllC)N,
IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
SIGNATURE~-2~
UCENSED LAND SURVEYOR
DATE ,d,rol-Y Z&'J ?pt1h
of
&
EXHIBIT "B"
P.O.c.
NW COR LOT 1 MAP 7290
2'44.W .'3,.98'_ --
584.4 -----
-------~
REQUEZA ST.
SCALE
,".50'
S79"OS'4S"W
1.3.29'
-----
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-----
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DENOTES AREA OF. EASEMENT ACQUISmON!
74 SQ.FT. MORE. OR LESS !
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SANTA f[ DR.
~
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VICINITY MAP'
NO SCALE
THIS MAP WAS PREPARED BY ME OR UNDER
MY DIRECTION IN CONFORMANCE WITH THE
PROFESSIONAL LAND SURVEYOR'S ACT.
~,2~ ~~ll.~
MICHAEL L SCHLUMPBERGER DA tE
Right-Or-Way Engineering Services, Inc.
4187 Avenlda De La Plata Ste. 114 . Oceanside. CA 92058
(780) 732-1388 FAX (780) 732-1387
Drawing file nome: 258-240-49 Sewer Easement.dwg
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CL12' WIDE ELECTRIC AND
ACCESS EASEMENT TO SDGc!cE
RECORDED AUGUST 20. 1962 AS
FIP NO. 141982
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20' ROAD AND uni..lTY EASEMENT
TO SAN DIEGUITOWATER DISTRICT
RECORDED OCTOBER 14, 1957 IN
BOOK.6789 PAGE 520 OR.
T.P.O.B.
9..34'
APN.: 258-240-49
CITY OF ENCINITAS
SEWER EASEMENT
VESTING: ANTHONY SEMO. AN UNMARRIED MAN
DATE: FEBRUARY '5, 2006
SHEET: , OF ,