2001-577469Recording Requested by:
City of Encinitas BFFIGIALREC~DS
SAN DIEGO COUNTY RECORDER'O OFFICE
When Recorded, Mail to: GREGORYJ. SWITH, CO~TYRECORDER
City Clerk FEES: 0.00
City of Encinitas CC: NA
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the City SPACE ABOVE FOR RECORDER'S
USE ONLY
Assessor's Parc~%-----~ ,~,/ Project No.
Tell 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
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.
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.
Executedt is dayof ,
OWNER:
By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California / ~'
Countyof i ss'
~ - ~am; ~itle of Officer (e g 'Jane bee, Nota~ Publi~
ppeared
~ersonally known to me
~ proved to me on the basis of satisfactow
evidence
to be the person~whose name~is/~
subscribed to the within instrument and
acknowledged to me that he/s~/t~ executed
the same in his/~/t~r authorized
capacity~, and that by his/~/t~r
signature~on the instrument the per~on~ or
the entity upon behalf of which the
acted, executed the instrument.~e//rso~
~~- ~NE~S ~y hand and o~1 s~,
~o~ t3o mformat~o~ below/s not roqo~ro~ b~ Io~, it m~F prouo uol~oblo to 9orso~s rol~[~ o~ tho ~ocomont
Doscdption of ~ttachod ~oeument
litle or lypo of Document:
Documont Date: ~um~er of
Si~nor(s) Othor Than ~amed Abovo:
Capaei~(i~s) Claimed by Si~ner
Signer's Name:
~ Individual
[~ Corporate Officer -- Title(s): Top of thumb here
~ Padner--~ Limited ~ General
~ Attorney in Fact
~ Trustee
~ Guardian or Conse~ator
~ Other:
Signer Is Representing:
GOVERNMENT CODE SECTION 27281
! 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.
Dated: 7-~(--~ (
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 5 OF CITY OF ENCINITAS TRACT NO. 99-137, IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE 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 MOST SOUTHERLY CORNER OF LOT 1 OF SAID MAP
NO. 13998;
THENCE NORTH 26°06'42" EAST 68.97 FEET ALONG THE SOUTHEASTERLY LINE
OF LOT 1 TO THE NORTHEASTERLY LINE OF SAID LOT 5;
THENCE SOUTH 63°53'18" EAST 56.00 FEET;
THENCE SOUTH 26°06'42" WEST 149.90 FEET TO THE BEGINNING OF A
TANGENT 372.00 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 29°45'25", A DISTANCE OF 193.20 FEET;
THENCE SOUTH 03°38'44'' EAST 137.82 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 03°41'15", A DISTANCE OF 11.07 FEET;
THENCE SOUTH 07°19'59'' EAST 89.30 FEET TO THE BEGINNING OF A TANGENT
435.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 19°01'45'', A DISTANCE OF 144.47 FEET;
THENCE SOUTH 11°41'47'' WEST 86.72 FEET TO THE BEGINNING OF A TANGENT
22.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 102°09'18", A DISTANCE OF 39.22 FEET;
THENCE NORTH 89°32'29" EAST 58.71 FEET TO THE BEGINNING OF A TANGENT
772.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°36'20'', A DISTANCE OF 35.11 FEET;
THENCE NORTH 86°56'09" EAST 38.46 FEET;
THENCE SOUTH 10°42'46'' WEST 28.83 FEET;
THENCE SOUTH 86°56'09'' WEST 31.60 FEET TO THE BEGINNING OF A TANGENT
800.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°36'20'', A DISTANCE OF 36.36 FEET;
SB&O~ /NC. Encinitas Ranch - South Mesa
Job No. 5~062.00, March20, 2001 1 of 2 D:tSOO621LEGALSIESMT-BNDRY1
THENCE SOUTH 89°32'29'' WEST 58.71 FEET TO THE BEGINNING OF TANGENT
50.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 53°14'58", A DISTANCE OF 46.47 FEET;
THENCE SOUTH 52°47'27'' WEST 54.66 FEET TO THE BEGINNING OF A
NON-TANGENT 78.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL TO
SAID POINT BEARS SOUTH 50°30'35'' WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 84°56'58", A DISTANCE OF 115.65 FEET TO THE BEGINNING OF A
REVERSE 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 33°45'46'', A DISTANCE 23.57 FEET;
THENCE NORTH 11 °41'47" EAST 39.24 FEET TO THE BEGINNING OF A TANGENT
379.00 FOOT RADIUS CURVE CONCAVE WESTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 19°01'45'', A DISTANCE OF 125.87 FEET;
THENCE NORTH 07°19'59'' WEST 89.30 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 03°41'15'', A DISTANCE OF 14.67 FEET;
THENCE NORTH 03°38'44'' WEST 137.82 FEET TO THE BEGINNING OF A
TANGENT 428.00 FOOT RADIUS CURVE CONCAVE EASTERLY;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 29°45'25'', A DISTANCE OF 222.29 FEET;
THENCE NORTH 26°06'42'' EAST 80.93 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.265 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~ :R, PLS 6922 ' DATE ~ .~ ,..~/_
SB&Or /NC, Encinitas Ranch - South Mesa
Job No. 56062.00, March20, 2001 2 of 2 D,'I560621LEGALSIESMT-BNDRYI
H EXHIBIT "B" 8
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