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1996-42436 2156 Recording Requested by: ~P~I~nPY r~Tw City of Encintias When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 ~; . For the benefit of the City ~ ~ ~) SPACE ~O~ FOR RECORDER'S USE ONLY SEWER EASEMENT Assessor's Parcel Project TM 89-272 No. 258-112-27 W.O. No. SAN DIEGUITO UNITED METHODIST CHURCH~ A CALIFORNIA CORPORATION hereinafter designated Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do(es) hereby GR3tNT 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. BK/hz/2813.doc (10-26-95) 2157 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 Exhibit "A" 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 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/2813.doc (10-26-95) 2158 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 authority conferred by Resolution No. 94-107 of said Council adopted on November 9, 1994 that the City of Encinitas consents to the making of the foregoing Easement Dedication and consents to recordation thereof by its duly authorized officer. Dated: Alan D. Archibald Director of Engineering Services BK/hz/2813.doc (10-26-95) ·" ', 2-159' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of County of On ~~4~''' before me, ~"~ ~ ~-~/~'~ NAME, TITLE OF OFFICER - E.G, "JANE DOE, NOTARY PUBLIC" onally appeared C ~" ,.x~,~? X¢~" , r~S NAME(S) OF SIGNER(S) I'1 personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/a~-e subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/.ber/t, hefT authorized i ~-- ~O~ ~LIA~A~ L~ISO~~ ~ capacity(.ies), and that by hisLb, er/~,elr N . L signature(e) on the instrument the person(e), ..~[]f.-_.~ COMM. ,~ 981692~z or the entity upon behalf of which the ~. ~,~_~-~-,~,~] NOtCh,/Public -- Cafifornio ~ ~, SAN DIEGO COUNIY W person(s) ac/t, ed;? executed the instrument. , My Comm. Expires DEC 27.19q6, TN~nd~/_~ ~~ WI and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL /ATI'ORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 2160 TM 89-272 EXHIBIT "A" PAGE 1 OF 2 EASEMENT DESCRIPTION ALL. THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED ALONG THE EASTERLY BOUNDARY OF THE LANDS DESCRIBED IN FILE/PAGE NO. 69004, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 22, 1970, SAID POINT BEING LOCATED AT THE INTERSECTION OF THE SOUTHERLY LINE OF CALLE MAGDALENA AND THE WESTERLY BOUNDARY LINE OF LOT 1 ACCORDING TO MAP THEREOF NO. 10235, FILED IN THE OFFICE OF SAID COUNTY RECORDER, OCTOBER 6, 1981 AS FILE NO. 81-317911, A RADIAL TO SAID POINT BEARS SOUTH 37° 30' 31" EAST (RECORD SOUTH 37° 32' 05" EAST PER MAP 10235); THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LOT 1, SOUTH 08° 00' 50" EAST (RECORD SOUTH 08° 02' 24" EAST) A DISTANCE OF 50.64 FEET; THENCE LEAVING SAID LINE, NORTH 34° 56' 17" WEST A DISTANCE OF 48.61 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID CALLE MAGDALENA, SAID POINT BEING IN THE ARC OF A 60.00 RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID POINT BEARS SOUTH 15° 13' 22" EAST; THENCE CONTINUING ALONG THE ARC OF SAID CURVE IN AN EASTERLY DIRECTION THROUGH A CENTRAL ANGLE OF 22° 17' 08" AN ARC LENGTH OF 23.34 FEET TO THE POINT OF BEGINNING. SAID LAND IS AS SHOWN ON PAGE 2 ATTACHED HERETO AND MADE A PART HEREOF. C:\D\8911251, DOC 10/27/95  TM 89-272 EXHIBIT 'A' ~,,.~,.-20. / PAGE 2 OF 2 ~ ~o' e" 20' _'~ LEGEND _ , ~.;.' ~ INDICATES EASEMENT 20' 40~ _Im ...... "AREA L'~ ( ) DENOTES RECORD BEAR,NGS\ ~ ~ ~ / ~ ~'~P--~POINT OF BEGINNING ~ ~P 10235 FILE/PAGE NO, ~9004 ~ LOT ~ RECORDED 4-22-70 THIS PLAT WAS PREPARED UNDER My PORTION OF ~ - SEC 15, T 13 S '% MI~J. PALLAMARY~ LS 4850 R 4 W,  EXISTING SEWER EASEMENT PER PRgCIS[ON S~4 Morenu el~., Suite 305 DOC. 1992-0751362 O,R, DATED SURVEY S~n 01ego, CA 92110-3924 AND (619)294-2727 NOVEMBER 25, 1992. ~APPING FAX(619)294-3355 t JN 89-1125 891125e2.dw9 10/27/95