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" .
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AcceSS ~S~M~N~ ~HPIHIyAS ~AcT HO. 99-18~
3-2~01 8~.O~ ~.0I