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2003-71119 DOC Recording Requested by: JAN 21. 2005 4: O1 F'h'~ City of Encinitas ) OFFICIA[ RECORDS SA~ DIE~ CO~TY RECORDER~S OFFICE When Recorded, Mail to: I~REGOR¥ J. SMITH, COUNIY RECORDER District Clerk FEES: 0.00 City of Encinitas ) OC: NA 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City of Encinitas ) SPACE ~OVE FOR Assessor's Parcel ~piication No. CS i00 No. 26i-i0i-i4 W.O. No. CS 100 DAVID E. SCHIBLER AND LOP~AINE S. SCHIBLER, TRUSTEES OF THE SCHIBLER FAMILY TRUST DATED SEPTEMBER 26, 1988 Hereinafter designated Grantor(s). Owner(s) of the hereinafter described lands, as described in Exhibit A attached here to for a valuable consideration, do (es) hereby GRANT 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. Vehicular access for routine maintenance is limited to the westerly 50 feet and no permanent access or maintenance road shall be constructed or maintained on that portion lying easterly of said westerly 50 feet of the easement as described in Exhibit "B" attached hereto and made a part hereof. The Sewer Easement and all other rights and privileges relating to the easement granted herein shall automatically terminate 180 days after the later of (1) the City's acceptance of the public sewer main extension to serve the Exhibit "A" property and (2) the City Engineer's receipt of the Schilbelers' submittal of the proposed reimbursement costs (design and construction) and any other supporting documents required by the City for the Schibler extension unless the Encinitas City Council has approved the "Tracy/Schibler Sewer Reimbursement Agreement" involving the parcels in Exhibit "C", pursuant to the City Municipal Code Chapter 18.12, Sewer Reimbursement Agreements. Said termination shall be automatically effective on the 181st day and release the servient property from the easement without the necessity of further action by the City, including compliance with the provisions of Streets and Highways Code Section 8300 et seq., or any other provisions that may require a formal process for vacation of a public service easement. A condition precedent to the effectiveness of the Sewer Easement is the annexation of any real property described in Exhibit "D" into the City of Encinitas on or before 20 year from the effective date of the Sewer Reimbursement Agreement. In the event that the Sewer Easement is automatically vacated or the condition precedent is not satisfied, and there is a need to provide title clear of this easement, the City agrees to provide any such required documentation to the owners of Exhibit "A" property for recordation. 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: 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 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, or that will interfere with the ingress or egress of the westerly 50 feet, except for emergency purposes, of 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. Executed this ?~'%~ day of ~~, 2003. OWNER: DAVID E. SCHIBLER, TRUSTEE ORAINE S. SCHIBLER, TRUSTEE [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ~ personally known to me ~ proved Io me on the basis of satisfactow evidence  to be the person(s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ~/lheir authorized  capacity(les), and that by his/h~r/their signature(s) on the instrument lhe person(s), or the entity upon behalf of which the person(s) acted, executed lhe instrument. WITNESS my hand and official seal. ¢ OPTIONAL ~h the information below is not required by law, it may prove valuable to persons relying on the document and could fraudulent removal and reattachment of this form to another document. Descri of Attached Document Title or Type Document Date: __ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer's Name: [ ] Individual Top ofthumbhere [] [] Partner--.~'~mited [] General [] Attorne~.,,r'n-Fact [] Trudge []/{~E~ardian or Conservator Signer Is Representing: © 1999 National Notary Asscciatior~ · 9350 De Soto Ave. PO Box 2402 * Chatsworth, CA 91313 2402 o www n atio nalno~al~ or~ Prod NO 5907 Reorder: Call Toll Free 1 80~ 876 6827 GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, is hereby accepted by the undersigned agent on behalf of the City of Encinitas pursuant to authority by Resolution of the Board adopted on March 20, 1979 and the grantee consents to recordation thereof by its duly authorized officer. Dated: January 8, 2003 By: ' Peter Cota-Robles, P.E. District Engineer/City Engineer Cardiff Sanitary Division/City of Encinitas EXHIBIT A THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19, 1889. EXHIBIT B SEWER EASEMENT AN EASEMENT FOR SEWERLINE PURPOSES OVER, UNDER, ALONG ACROSS THE NORTHERLY 15 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAiq BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED NOVEMBER 19, 1889. 2641O166 26410142 26410116 26410117 26410114 N inch equals 200 feet EXHIBIT C PRIVATE APN 26410153 APN 26410154 APN 26410155 APN 26410156 ~",, I inch equals 200 feet \ / ', EXHIBIT D /