Loading...
1998-165055 DO0 1998-0165055 Recording Requested by: ~rFLIRL FfC.OWDS City of Encinitas SRN D![OO CQLJ[~TY oMJiH, oOUNT~ RECORDER When Recorded, Mail to: FEES: City :E~gim~ex Clerk Or~: 505 South Vulcan Avenue For the benefit of the City SPACE ABOVE F~ USE ONLY SEVVER AND DRAINAGE EASEMENT Assessor's Parcel Project CFF96A No. 259-311-08 W.O. No. CIP FIRST CHURCH OF CHRIST SCIENTIST 520 BALOUR BRIVE ENCINITAS, CA 92024 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 herein designated Grantee, a perpetual exclusive 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 and/or DRAINAGE pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, together with the perpetual dght to remove buildings, fences, 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 necessaPj in the construction, reconstruction and maintenance of said sewer/drainage 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. The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described as follows: See Exhibit "A" and Exhibit "B" attached hereto and made a part by hereof by this reference. cov42.doc 3/23/1998 1'716 The Grantors may, at their own risk, use the surface of the above described real property in a manner that will not inter[ere with or be detrimental to use of said easement and dght-of way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon and the entire area encumbered by the sewer/drainage easement shall be graded fiat and unobstructed at all times, unless authorized by the Grantee in wdting. The Grantors hereby covenant and agree for themselves, their heirs, successors and assigns, that there shall not be constructed or maintained upon the above described real property within said easement and right-of-way, any buildings or structures of any nature er kind that will inter[ere with the use of said easement and right-of-way unless authorized by said Grantee, its successors or assigns, or that will inter[ere 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, Eom 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 in any excavation made by it in the above described easement and right-of-way Grantee will backfill any such excavation made by it so as to fill said excavation as neady as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface as well as landscaping with like material. Executed this26th day of March ,1998 . OWNER: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] 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 easement, and consents to recordation there, p'~py,~its du~au~orizeil/ef~r.,, Date: ~/~'~/~ ~ By: ~ I Ala~ D. ~rch~ld - - Director of Engineering Se~ices cov42.doc 3/23/1998 CALIFORNIA ALL-PURP~ ACKNOWLEDGMENT ] '~ State of Coun, o, personally appeared ~/~ ~/IF~-D~D ~ ~/~'~)~' D personally known to me - OR -~ved to me on the basis of sat~to~ evidence to be the person(s) whose name(s) i~bscribed to th~n instrument and acknowled~e that he/s~{he~ execUted the same i~t~i~thorized capa~s), and that by ~.~...~: ::::: :: :;~;~. .... his/h~thei~i~u~(s) on the instrument the person(s), Randa G - , or th~y upon behalf of which the person(s) acted. ~ ~r~'~ C~mm. ~1033151 o executed the instrument. i_~ NOTARY PUBLIC CAHFORNIA ~ MyC%Z~a°~'~%ga9 ~ WITNESS my hand and official seal. OPTIONA~ Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~achment of this form to another document. Description of Attached Document ~tle or Type of Document: ~(L)~ ~ ~/'~ ~ f-~%~/~-~.) ~-- Document Date: ~,/~ / ~ Z Number of Pages: Signer(s) Other Than Named Above: Capacity(iDs) Claimed by Signer(s) Signer's Name:,~ (~/~P~ Signer's Name: ~&~..W~Z~f~' ~ Individual ~ Individual ~orporate Officer ~orporate Officer Title(s): ~/~ ~ ~/~ ~ Title(s): ~ Pa~ner-- ~ Limited ~ General ~ Padner-- ~ Limited ~ General ~ Attorney-in-Fact ~ Attorney-in-Fact ~ Trustee ~ Trustee E~ Guardian or Conse~ator [~ Guardian or Conse~ator ~ Other: ~ of thumb here ~ Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1995 National Notary Assc~iation · 8236 Remmet Ave, PO Box 7184 · Canoga Park, CA 91309-7184 Prod. NO 5907 Reorder: Call Toll-Free 1-800-876-6827 =SOWARDS ANO I OWN ENGINEERI IiG 1718 J.N. 96-070.1 February 12, 1998 RB Exhibit 'A' LEGAL DESCRIPTION FOR PUBUC SEWER AND DRAINAGE EASEMENT A public sewer and drainage easement over that portion of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter and also the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 14, Township 13 South, Range 4 West, San Bernerdino Meridian, in the County of San Diego, State of Caiifernie, according to United States Government Survey, approved April 19, 1931, more particularly described es follows: Beginning at a point on the South line of said Northeast Quarter of the Southeast Quarter of the Southwest Quarter of the Northwest Quarter which is North 89038'59. West 195 feet from the Southeast corner thereof; thence )araJlai with the East line thereof North 0°42'38" East 264.00 Feet To the TRUE POINT OF BEGINNING; THENCE 2. North 14057'37- West 75.93 Feet to a point on the Southerly line of the relocation of County Road Survey No. 458, known as San Marcos Road, said point being on an 851.00 foot radius curve concave Northerly, a radial to said point bears North 14'57'37" West; thence along the arc of said curve 3. Eastedy 10.00 Feet through a central angle of 0'40'24' to a line parailai with and 10 feet Eesteriy of public sewer and drainage easement line; thence along said parailai line 4. South 14°57'37" East 78.73 Feet to a point on the Southerly line of the North half of the Southeast Quarter of the Southwest Quarter of the Northwest Quarter of said Section 14; thence aio~lg said Southerly line 5. North 89=38'59" West 10.37 Feet to the TRUE POINT OF BEGINNING. Contains 773 square feet, more or less. ~ ~o7o~.~1 21 87 NEWCASTLE AVENUE · SUITE 103 · CARDIFF BY THE SEA, CA 92007 (760) 436-8500 · FAX (760) 436-8603 .EXHIBIT Bb~l~b.~... 0"~ ~__,,.o. --,-- ~ik~'C~Del.'l:~=ll6 27 48~ SCALE: 1 "= ~0' 75.93' .37' I I .... 1,54.63' Pusuc SEWER ANO -S 8g'38'Sg" E ~6~0 I T.P.O.B. I ~ SW 1/4 ~ NW ~ 1/4 ~ I ,: s. ~. M. I, ..... I ';~'~' ~ ~ / I