1999-193420 4374
D00 1.99 019o4 0
Recording Requested by: ~FICIA[
Cardiff Sanitation District SM DIEM COUNTY ~DE~'S OFFICE
G~G~Y J. ~ITN, COUNTY
When Recorded, Mail to: FEES: 0.00
City Clerk
City505 South of EncinitaSvulcan Avenue I]] ]]]]]]] ]]]]1 ]1]11
Encinitas, CA 92024
For the benefit of the City SPACE ~
SEWER EASEMENT
Assessor's Parcel Project: TPM 97-160
No.256-412-13 W.O. No. ES 278
M. Alberta Kruger as Trustee under Declaration of Trust dated
September 24, 1986,
hereinafter designated Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby GR~/qT
and CONVEY to the City of Encinitas 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 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 described
as follows:
See Exhibits "A" and "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
BK/hz/sewerc.doc (10-19-98)
4575
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 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 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.
BK/hz/sewerc.doc (10-19-98)
4 7B
Executed this [~l'~-- day of -~~ , 19 ~ .
OWNER:
By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgment.]
I certify on behalf of the City Council of the City of Encinitas,
pursuant to the authority conferred by Resolution No. 94-107 of
said Council adopted on November 9, 1994 that the City of
Encinitas hereby accepts on behalf of the public, the grant of
this easement and consents to recordation thereof by its duly
authorized officer.
Dated: ~J~f~ ~~~
~ ARCHIBALD, District Engineer
Cardiff Sanitation District
BK/hz/sewerc.doc (10-19-98)
CALIFORNI~ ALL-PURPOt ACKNOWLEDGMENT '~ 5 '~ '~'
State of C- ~-I._.~,.~---~\ ~
County of ~
On ,=~ --[ ~. ~C~c~ before me, "~""f'~"~/~'~-~["~)
Date Name and Title of Officer (e.g., 'Jane Doe, N~a~, Public")
personally appeared ~-. ~"[-.~:~:~"
Name(s) of Signe~
[] personally known to me - OR - ~'~p~roved to me on the basis of satisfactory evidence to be the person(s)
I '
whose name(s) is/are subscribed t.~..~e within instrument
and acknowledged to me that h/s~,~.~they executed the
sam_..e~hi~heir authorized capacity(les), and that by
~~ ............ ~¢' iJ V~-~ - - '-~ h, o~..~eir s,gnature(s) on the instrument the person(s).
~'~'3'J~'e' Comm, # 1161753 t~ or the entity upon behalf of which the person(s) acted,
~) I~.....~ NOTA,¥ pU,t.lC.CAUF01~L~ ~ executed the instrument.
~.~ ~ ~ , ~ ~' WITNESS my hand and official seal.
Though ~h~ ~ntormafion I~low ~ not r*quir~ by la~. it m~y prow wlua~l* to p~r~ons roly~n~ on ~o ~ocurn,n~ end ¢oot~ prevent
traudol*nt r~moval ar~ r*at~chm*nt o!
D~¢ription o! Attached Document
litlo or lype of Document:
Document Date: Number of Pages:
Signer(e) Other Than Named AboYe:
C~p~¢it~{i~) ~l~im~d blt
Signer's blame: Signer's blame:
[] Individual [] Individual
[] Corporate Officar [] Corporate Officer
Title(s): litle(s):
[] ~artner -- [] Umited [] Oeneral [] ~ar~ner -- [] Limited [] Oaneral
[] ~t~ornoy-in-Fact [] Attorney-in-Fact
[] Trustee [] Trustee
[] Ouardian or Conservator ~ [] Guardian or Conservator
[] Other: Top of thumb here [] Other', Top of thumb here
Signer Is Representing: Signer Is Representing:
4578
EXHIBIT "A"
LEGAL DESCRIPTION
"PROPERTY"
All that portion of Lot 6 in Block "X" in Seaside Gardens Annex, in the City of Encinitas, County
of San Diego, State of Califomia, according to Map thereof No. 1801, filed in the Office of the
County Recorder of San Diego County, August 6, 1924, described as follows:
Beginning at a point on the Norlh line of said Lot 6, distant thereon South 89°30'30" East 280.00
feet from the NorthWest comer thereof, said Point of Beginning being also the NorthEast corner
of land described in Deed to Charles A. Read, et ux, recorded May 5, 1948 in Book 2784, Page
325 of Official Records; thence along said Northerly line of Lot 6, South 89030'30" East to the
NorthEast comer thereof;, thence Southerly along the Easterly line of said Lot 6 to the SouthEast
comer thereof; thence Westerly along the Southerly line of said Lot 6 to the SouthWest corner
thereof, which is a point in the Easterly line of Ocean View Drive and in the arc of a 580.00 foot
radius curve, concave Westerly; thence Northerly along the arc of said curve and said Easterly
line of Ocean View Drive to its point of intersection with a SouthWesterly line of said Read land;
thence along said Read land; South 30053' East, 15.79 feet; thence South 89o30'30" East
parallel with said Northerly line of Lot 6 a distance of 269.48 feet to the SouthEast comer of said
Read land; thence along the Easterly line of said Read land, North 1°49'30" East 143.00 feet to
the True Point of Beginning.
4579
EXHIBIT "B"
LEGAL DESCRIPTION
Portion of APN 256-412-13 (Kruger)
To Be Granted as a Public Sewer Easement
to the City of Encinitas
The Southerly 12.00 feet of Lot Six in Block 'X" of Seaside Gardens Annex, in the City
of Encinitas, County of San Diego, State of California, according to Map thereof No.
1801, filed in the Otfice of the County Recorder of San Diego County, August 6, 1924,
excepting therefrom the Easterly 68.00 feet.