2002-761486Recording Requested by:
District Engineer
When Recorded, Mail to:
District Clerk h,. ~.i
City of Encinitas )
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the District SPACE ABOVE FOR RECORDER'S
SEWER EASEMENT
Assessor's Parcel Project 00-291
No. 260-430-67 W.O. No. DCS 388
Thomas and Louse Hayward as trustees of the Hayward family
Trust b~e~ IZ:
hereinafter designated Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby GP~ANT
and CONVEY to the City of Eneinitas 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 pipe lines and/or mains,
manholes, sewer lateral pipe lines, and all structures incidental
thereto, together with the perpetual right 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 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 olher
public agencies.
Cov. HAYWARD DCS 388.extensiondoc 8/7/02
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.
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 use of said easement and right-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 easement shall be graded flat and unobstructed at all times,
unless authorized by the Grantee in writing.
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 or within
said easement and right-of-way, any buildings or structures of any
nature or kind that will interfere with the use of said easement
and right-of-way unless authorized by said Grantee, its successors
or assigns, or that will interfere with the ingress or egress
along said easement by said Grantee, its successors or assigns.
When authorized by the Grantee, gates will be permitted as long as
said gates remain unlocked, or, if locked, then Grantee shall be
provided with a key at all times. In addition, Grantors, their
successors or assigns, will be responsible for all existing
improvements within the sewer easement and Grantee will not be
held liable for any damages, thereto.
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 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 nearly as
practicable to the level of the surrounding ground, and will
replace any oiled, asphalt or concrete surface with like material.
Cov. HAYWARD DCS 388.extensiondoc 8/7/02
Executed this ~7~day of ~ , 2002
OWNER:
Print na~e
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement. ]
This is to certify that the interest in real property conveyed by
deed or grant to the City of Encinitas, a Municipal Corporation,
is hereby accepted by the undersigned agent on behalf of the City
Council of the City of Encinitas pursuant to authority conferred
by Resolution 94-107 of the City Council of the City of Encinitas
adopted on November 9, 1994 and the grantee consents to
recordation thereof by its duly authorized officer.
Dated: ~/O~ ~2~. ~ ~-'~
Peter Cota-Robles, City Engineer
City of Encinitas
Cov. HAYWARD DCS 388.extensiondoc 8/7/02
EXHIBIT "A"
LEGAL DESCRIPTION
(SEWER)
A SIXTEEN (16) FOOT WIDE STRIP OF LAND OVER, UNDER, ACROSS AND ALONG A
PORTION OF PARCEL 1, AS DESCRIBED 1N CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 16, 1999, AS DOCUMENT NO. 1999-0816056, THE NORTHERLY LINE OF SAID
STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, KANGE 4 WEST, SAN
BERNARDINO MERIDIAN, 1N THE CITY OF ENC1NITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL
19, 1881 1N THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE
SOUTHERLY ALONG THE EASTERLY LINE THEREOF 50.00 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTH AND WEST LINE OF SAID
PARCEL 1 NORTH 89°31'16'' WEST 205.42 FEET; THENCE SOUTH 01°04'58'' WEST 171.03 FEET
TO THE BEGINNING OF A 92.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 118.54 FEET THROUGH A CENTRAL
ANGLE OF 73°49'18' TO AN ANGLE POINT IN THE WEST LINE OF SAID PARCEL 2 AND BEING
THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG THE ARC OF
SAID 92.00 FOOT RADIUS CURVE 25.96 FEET THROUGH A CENTRAL ANGLE OF 16°10'10";
THENCE SOUTH 88°54'30'' EAST 113.42 FEET TO THE EAST LINE OF SAID PARCEL 1 AND
THE POINT OF TERMINUS.
THE SOUTH LINE OF SAID STRIP OF LAND SHALL BE EXTENDED OR CONTKACTED SO AS
TO TERMINATE ON THE EAST AND WEST LINES OF SAID PARCEL 1.
EXHIBIT "B"
BIRMINGHAM DR.
· - N89'31'16"w -.,~.- N89'31'16"W -
"1
.4 ~_o./
/ 113.08' , 205.42'
I i I o ( NE. COR. OF SE1/4
: : ~ ~ OF SWl/4 SEC. 23
,'I ~: ,I T13S, R4W
I ~'~ '
' ~,~ ,
I -'~
~1 ,
.I PAF{CEL I .I
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~ ~= ~'~o'~o"
I~ ~ ~,; L = 25.96';
~ = 73'4918 '.. ~,1 I .... ,
· , 113.42 ,
~1 ~:~ SEWER/ .~, ~lb .
~' ~1~ EASEMENT ~
-.. ~.~8~A o~. ~_ ....
179.44' PARCEL I
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~.~ .............. ~.3~[~ ..............
318.50'
GRAPHIC SCALE
( IN FEET
1 inch = 80