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2001-577468 Aug ]_4, 2001 Recording Requested by: City of Encinitas OFFICIALR£CORDS SAN DIEGO COUNTY RECORDER'S OFFICE When Recorded, Mail to: GEGORYJ. SMIIH, CO~TYRECORDER City Clerk FEEO: 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 [~__~..~:,~f~7~ USE ONLY ~; SEWER EASEMENT Assessor's Parce;f-L~&/~ , Project No. . ~'-' ~ w.0. No. No t~ 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 G~T and CO~EY 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 OWNER: By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyo, personally appeared ~---~-~'~ '~.('~.Nam ,.,~,~'~.~_.~O~(~r(eg,"Janeboe, NotaryPublil~_~'l , Name(s) of ~er(s) ~p. ersonally known to me ~ proved to me on the basis of satisfactory evidence to be the person.~whose name.~is/~' subscribed to the within instrument and acknowledged to me that he/s,J~/tl:~Cy executed the same in his/be~'/t h.~ir authorized capacity~')', and that by his/~/t.~l'r signature(.~)'on the instrument the person(,,~, or the entity upon behalf of which the person~  acted, executed the instrument. ~,) ~']~N~ n d~____~cial ~  Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~tachment of this form to another 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 [] Corporate Officer--Title(s): Top of thumb hen [] Partner-- [] Limited [] General [] Attorney in Fact L~ Trustee ~] Guardian or Conservator [] Other: Signer Is Representing: GOVERNMENT CODE SECTION 27281 I 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 UTILITY, SEWER, STORM DRAIN & ACCESS EASEMENT ALL THAT PORTION OF LOT 4 OF CITY OF ENClNITAS TRACT NO. 99-137, IN THE CITY OF ENClNITAS, 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 TRUE POINT OF BEGINNING; THENCE SOUTH 19°52'24'' EAST 53.71 FEET TO THE BEGINNING OF A NON- TANGENT 48;00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 19°52'24" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°00'32", A DISTANCE OF 41.06 FEET; THENCE SOUTH 21°07'05'' WEST 190.19 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°24'55'', A DISTANCE OF 60.79 FEET; THENCE SOUTH 38°32'00'' WEST 7.66 FEET; THENCE SOUTH 57°41'19'' EAST 128.92 FEET; THENCE SOUTH 34°43'26'' WEST 28.02 FEET; THENCE NORTH 57°41'19'' WEST 102.63 FEET; THENCE SOUTH 38°32'00'' WEST 33.44 FEET TO THE BEGINNING OF A TANGENT 172.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°37'38'', A DISTANCE OF 106.95 FEET; THENCE SOUTH 02°54'21'' WEST 123.58 FEET TO THE BEGINNING OF A NON-TANGENT 323.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 6°18'57" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°37'47'', A DISTANCE OF 110.66 FEET; THENCE SOUTH 02°54'21'' WEST 25.17 FEET TO THE BEGINNING OF A NON-TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 27°49'38" EAST; SB&O, INC. Encinita$ Rench - South Mesa Job No. 56062.00, March 20, 200~ 1 of 2 D:I560621LEGALS~ESMT-BNDR¥3 THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°57'10", A DISTANCE 104.47 FEET; THENCE NORTH 82°07'32" WEST 34.13 FEET; THENCE NORTH 83°27'33'' WEST 134.82 FEET; THENCE NORTH 03°29'43" WEST 28.44 FEET; THENCE SOUTH 83°27'33" EAST 109.17 FEET; THENCE NORTH 02°54'21'' EAST 114.29 FEET TO THE BEGINNING OF A TANGENT 228.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°37'38'', A DISTANCE OF 141.77 FEET; THENCE NORTH 38°32'00'' EAST 66.21 FEET TO THE BEGINNING OF A TANGENT 172.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°24'55'', A DISTANCE OF 52.28 FEET; THENCE NORTH 21°07'05" EAST 146.13 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°24'26'', A DISTANCE OF 23.32 FEET TO THE BEGINNING OF A REVERSE 74.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°05'33", A DISTANCE OF 109.90 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.860 ACRES MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL S. BUTC ER, PLS 6922 DATE ~ ~ SB&O, INC. Encinita$ Ranch - South Mesa Job No. 56002.(~0, March 20, 2001 2 of 2 D:i5~O62~LEGALS~ESMT-BNDRY3 £XHIBIT "B" . ~ I .. ~ ~ ~ ~o~~ ~ ~, ~ ~ ~ , I //~ ~~- -~ , ~ l~24 ~ l~.~ 82.20 ~ . ~ · . ~ r.~-~ ~ ~'." ~.,~'~ ~-~ ~~ "Z~ ~ ' ' 2~. 17' I __ ~ ~ ~ / , AcceSS ~S~M~N~ ~HPIHIyAS ~AcT HO. 99-18~ 3-2~01 8~.O~ ~.0I