2001-577467Recording Requested by:
City of Encinitas OFFICiaL RECORDS
SAN DIEGO COUNTY RECORDEI~'S OFFICE
When Recorded, Mail to: GEGORY J. SMITH, EO~TY REORDER
City Clerk FEES: 0.00
City of Encinitas OC: NA
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the City SPACE ABOVE FOR RECORDER'S
USE ONLY
Assessor's Parce/,-~ /,~ . n{ Project No.
NO. ~)C~ ~50~, W.O. NO.
Toll CA IV, L.P., a California Limited Partnership
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 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 Exhibit "A" and 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 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. ~/
Executed this ~ day of M~ , ~__
OWNER: ,
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of O~ (~.~, ~ ss.
On '¢~'. ~)~g~t~t.O[ ~.~beforeme,~,~_ N~(~(~,T~.
personally appeared k..._/0.)J"V~--~-"~ ~/._O~ ,'~jJ~_~ .,
Name(s) of ~Jer(s) '
~43.ersonally known to me
E~ proved to me on the basis of satisfactory
evidence
to be the person..C~whose name~)/is/~4¢
subscribed to the within instrument and
acknowledged to me that he/~:C~/tbe'y executed
the same in his/her/their authorized
capacity.(j~')', and that by his/belC/t.L~el'r
signature(,s~on the instrument the pers'on~, or
tahc~e~lietxYe~uPt°end ~h~eh i~fst~fu~ehin~~ I h ~¢"~ ~,/s°n~
- ES my hand and off~ s
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulen! removal and reattachment of ~his form to anolher document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
~ Individual
LO Corporate Officer -- Title(s): Top of thumb here
~ Par[ner--[~ Limited E~ General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
GOVERNMENT CODE SECTION 27281
z 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 Grant of Easement for Public Sewer
Purposes, accepts the easement granted thereon, and consents to
the recordation thereof by its duly authorized officer.
Alan D. Archibald, P.E.
Director of Engineering Services
SUBORDINATION AGREEMENT
EXHIBIT "A"
LEGAL DESCRIPTION
PUBLIC STORM DRAIN & SEWER EASEMENT
ALL THAT PORTION OF LOTS 4 AND 5 OF CITY OF ENCINITAS TRACT NO. 99-
137, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, SATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13998 FILED IN THE
OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY JULY 11, 2000, AS
SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOUTH 17°27'22" WEST 105.23 FEET TO THE BEGINNING OF A
NON-TANGENT 74.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL TO
SAID POINT BEARS NORTH 17°11'48" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 42°15'19'', A DISTANCE OF 54.57 FEET;
THENCE NORTH 17°27'22" EAST 312.52 FEET TO THE BEGINNING OF A
NON-TANGENT 78.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL TO
SAID POINT BEARS SOUTH 85"53'48" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 35°23'14", A DISTANCE OF 48.17 FEET;
THENCE SOUTH 17"27'22" WEST 126.46 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.181 ACRES MORE OR LESS
THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS
ACT.
' DATE ~
SB&Or INC. Encinitas Ranch - South Mesa
Job No, 56062.00, March 20, 200'/ 1 of 1 D:I560621LEGALSIESMT-BNDRY2