2003-1503659
DOC # 2003-1503659
Recordi g Requested by: ) DEC 23. 2003 3:41 Pi"1
Go City of Encinitas )
, . ) OFFICIAl RECORDS
f When Re orded, Mail to: ) SAN DIEGO COUNTY RECORDER'S OFFICE
Ci ty CI rk ' ) GREGORY J. SMITH, COUNTY RECORDER
", City of Encinitas ) FEES: 0.00
(p ~ 505 South Vulcan Avenue) DC: NA
Encinitas, CA 92024 )
Ý For the enefit of the Cit ) -
~ ~ ~)Yfi
(j~ I_) 0/- «
f) ¡ß' ~ SEWER EASEMENT -L2..
DOCUMENTARY TRANSFER TAX $ ./-
Assessor s Parcel Project No.------
No. 264- 32-28 W.O. No. O~~
Donald W. Fontana and Lori Anne Fontana Husband and Wife as
Joint Te ants
hereinafter designated Grantor(s, owner(s) of the hereinafter
describe lands, for a valuable consideration, do(es) hereby
GRANT an CONVEY to the City of Encinitas herein designated
Grantee, a perpetual easement and right-of-way upon, through,
under, 0 er and across the hereinafter described real property
for the installation, construction, operation, maintenance,
repair, eplacement, and reconstruction of SEWER pipe lines
and/or m ins, manholes, sewer lateral pipe lines, and all
structure incidental thereto, together with the perpetual right
to remov buildings, structures, trees, bushes, undergrowth,
flowers, nd any other obstructions interfering with the use of
said ease ent and right-of-way by Grantee, its successors or
assigns nd in addition thereto, to remove soil and other
materials within said right-of-way and to use the same in such
manner an at such locations as said Grantee may deem proper,
needful 0 necessary in the construction, reconstruction and
maintenance of said sewer lines or structures incidental thereto.
To have ad to hold said easement and right-of-way unto itself
and unto ts Successors and assigns forever, together with the
right to onvey said easement, or any portion of said easement,
to other p blic agencies.
The real roperty referred to herein and made subject to said
easement a d right-of-way by this grant is situated in the County
of San Die 0, State of California, and is particularly described
as follows
See Exh bit "A" and Exhibit "B" attached hereto and made a part
hereof y this reference.
The Gra tors may, at their own risk, use the surface of the above
describe real property in a manner that will not interfere with
or be de rimental to the use of said easement and right-of-way by
Grantee, its successors and assigns, provided no trees shall be
planted r grown thereon.
The Gra tors hereby covenant and agree for themselves, their
heirs, uccessors and assigns, that there shall not be
construc ed or maintained upon the above described real property
or with n said easement and right-of-way any building or
structur of any nature or kind that will interfere with the use
of said asement and right-of-way by Grantee, its successors or
assigns, or that will interfere with the ingress or egress along
said ease ent by said Grantee, its SUccessors or assigns.
The Gra tee hereby Covenants and agrees for itself, its
successor and assigns, not to prevent the Grantors, their
successor or assigns, from crossing over said real property and
agrees th t the Grantors, their heirs, successors and assigns,
may enjoy the continued use of the surface of said real property
herein de cribed, Subject to the conditions above stated; and the
Grantee h reby Covenants and agrees that after the installation
of any pi e line by it in any excavation made by it in the above
described easement and right-of-way it will backfill any such
excavatio made by it so as to fill said excavation as nearly as
practicabl to the level of the surrounding ground, and will
replace an oiled, asphalt or concrete surface with like material
and will r place any fence removed by it.
Executed t is I s r- day of !,\,,\ ÐM6l?fL 2003,
OWNER:
By: ¿J:'///,/;;/þ ¿2/. "L,;"7--:7;;??/,,/;'
By: ~/ ;;~ />9
7//7'
[Signature f OWNER must be notarized, Attach the appropriate
acknowledge ent.]
NIA ALL.PURPOSE ACKNOWLEDGMENT
ç -?O£ÆX'R<'^~R<'R<'=- ,~~ - ~~'-"X--""<'-;c- "-.-
s""" Cce~o } ss
On N v~" \'<1' \ 20"" before me, RO~"rt 1'\. \Jdl . ~Dh.'1 p,~t"
Do" N'm, 'cd TIll, of Offici, "g, 'J,c, 0", Not,'Y P",lic') -,
person lIy appeared \\,,~ \.\ 'vJ. f",.":\-'\.",, ~ Lor. þ.~l\e 'f;",h....,
N,m'",ofSigc"I"
[J personally known to me
()¡ proved to me on the basis of satisfactory
evidence
to be the person(§) whose name«§¡ i~
subscribed to the within instrument and
ROBERT M. NEIll acknowledged to me that Is the executed
Commission # 1296654 the same in ~IH thele authorized
Notary Public - Cot/fern/o f
San Diego County - capacit~ and that y hl!s/h~~
MyCamm.f'xPresMa20.~ signatur s on the instrument the person(§j),@
the entity upon behalf of which the person s
acted, executed the instrument.
WITNES my hand and official seal.
Uh~
PI", No,"'Y S'" Aba", Sfgo"",, ofNot"YP",lic
OPT/ONAL
Though th ",formation below is not reqUIred by law, Ii may prove valuable to persons relYing on the document
nd could prevent fraudulent removal and reaffachment of this form to another document
Descriptio of Attached Document
Title or Type of Document $~VJ't{" «'\\-........., \
Document D te; \\ IDl it» Number of Pages:
Signer(s) Oth r Than Named Above; -
Capacity(ie ) Claimed by Signer
Signer's Nam' .
:J inoividuai 'Oom<humtJh".
:J Corporate fficer-Title(s);
C Partner-, limited C Generai
:: Attorney in Fact
L: Trustee
:: Guardian 0 Conservator
~ Other;
Signer Is Repre enting; -
- -- -- --~-- - - ---------~---- - -- - - - -
""'N""'.N",""","",,," ""o"o<,'"""'o,""'".",.."""'C"""""._"""""",,,",,,, °'00, No, "" """"c""""F'~,;OO."'"",
---
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 n November 9, 1994, that the City of Encinitas consents
to the m king of the foregoing Grant of Easement for Public Sewer
Purposes, accepts the easement granted thereon, and consents to
the recor ation thereof by its duly authorized officer.
Dated: .,
By: nJ
'L"--",..........
Peter Co a-Robles, p.E.
Director of Engineering Services
---
EXHIBIT "A"
LEGAL DESCRIPTION
PARCE "E"
mE so TIIWESTERL Y 16.00 FEET OF P ARca I OF PARCEL MAP NO, 3561, IN mE CITY OF
ENCINIT S, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
MAP m REOF FILED IN THE OFFICE OF mE SAN DIEGO COUNTY RECORDER ON
FEBRUA Y 27,1975.
EXlHB IT "B"
SEWER EASEMENT PLA T
I
--k A.P." -=
------------/
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I
I AP.N. 2fU.232.æ /
~ P~1~ /
6°' PM358"!
~ .
I
~ I
/
I
I
~ /
~
, I A.P.N. 264-232-29
I PARCEL 2 OF
/ PM 3561
I
~ -
A.P.N. 264-232-24
PARCEL 3 OF
PM 3581
A.P.N. 261-232-23
PARCEL 3 OF
PM 3561
- - - - PRO RTY BOUNDARY ~
N
~ INOI A TES EASEMENT i
AREA
l....ê
Ii PASCO ENGINEERIN 1 "=50'
'B58' 259-B"2
53' ., HWY 101, 5TE, A
sOLA.A BEACH, CA 92075
Æ 1180