2003-1503656
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DOC # 2003-1503656
Recording Requested by: ) DEC 23. 2003 3:41 PM
City of E cinitas )
) OFFICIAL RECORDS
~ When Reco ded, Mail to: ) SAN DIEGO COUNTY RECORDER'S OFFICE
City Cler ) GREGORY J. SMITH. COUNTY f:ECORDER
~ City of E cinitas ) FEES: 0.00
~ 505 South Vulcan Avenue) OC: NA
f Encinitas CA 92024 )
~ For the b nefit of the Citv )
~((fI
¡pV I-~q-~ 'f
a tS ~ SEWER EASEMENT ~
V DOCUMENTARY TRANSFER TAX $ ¿
Assessor' Parcel Project No.------
No. 264-2 2-25 W.O. No. ~-l{S:1
John J. M Lean and Kiersten M. McLean Husband and Wife as Joint
Tenants
hereinaft r designated Grantor(s, owner(s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby
GRANT anc CONVEY to the City of Encinitas herein designated
Grantee, a perpetual easement and right-of-way upon, through,
under, Q"I. 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 ment 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 d at such locations as said Grantee may deem proper,
needful (r necessary in the construction, reconstruction and
maintenan e of said sewer lines or structures incidental thereto.
To have, nd to hold said easement and right-of-way unto itself
and unto its successors and assigns forever, together with the
right to onvey said easement, or any portion of said easement,
to other ublic agencies.
The real property referred to herein and made subject to said
easement nd right-of-way by this grant is situated in the County
of San Di go, State of California, and is particularly described
as follow :
See Exhib't "A" and Exhibit "B" attached hereto and made a part
hereof by this reference.
The Grant rs may, at their own risk, use the surface of the above
described real property in a manner that will not interfere with
or be det imental to the use of said easement and right-of-way by
Grantee, 'ts successors and assigns, provided no trees shall be
planted 0 grown thereon.
The Gran ors hereby covenant and agree for themselves, their
heirs, successors and assigns, that there shall not be
construct d or maintained upon the above described real property
or withi 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, r that will interfere with the ingress or egress along
said ease ent by said Grantee, its successors or assigns.
The Gran ee 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 !3.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
practicab e to the level of the surrounding ground, and will
replace a y oiled, asphalt or concrete surface with like material
and will eplace any fence removed by it.
Executed his / day of .¡JCI/~ílé:YL- , 200).
OWNER:
By: K~^~£ fÎ1 ( ~ ~
-1/1:7' C r7?77 ,/?/ "ffi{ 1 ((:7-//7
By: Q~ Ihiz--
11_/;"'/7 / //If (' É74/'7
[SignaturE of OWNER must be notarized. Attach the appropriate
acknowled, ement . ]
CALIFOR IA ALL.PURPOSE ACKNOWLEDGMENT
,-""'" - ======"""~~"'-('~=~""'-"",.c<'~~«=_.Œ-R<'~-"""--.<Y~Bv^,,'
State of alifornia ',' } 'I
County f s....." \) ""'J" ss, I
On 0>1 ..,..,. \ :1<."",> ,before me, ~..b...", 1'\. tJt.\\ I 111.\""'1 f~l,ì" , ,ií1
Dõt, N,m"'d"tI'OfOffice""g'J"'Ooe,,'moc;pcol"'I ~
personal! appeared j","", T hcle"", ¡ K\~o\t'" /'\.1'\ tLt...",
N'm"" ofSfgc",,)
[J personally known to me
~ proved to me on the basis of satisfactony
evidence
to be the person(§) whose name<3J ~Gi)
subscribed to the within instrument and
ROBERT M. NEill ", ...~
C . # 129~654 acknowledged to me that h",s~executed
NOI~':;.n;:~~~~ - California ~ the same in hi~h"~ authorized
San Diego County - capacity~ and that by hi¡l¡Jh&-~
MyComm.ExpiresM:Y20,2XJ5 signatur~on the instrument the person(§J:or
the entity upon behalf of which the person@)
acted, executed the instrument.
PI", Not"y 5", Abo,"
OPTIONAL
Though t e Information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reaNachment of this form to another document.
Descripti n of Attached Document
Title or Typ of Document: S~.......... I(..s.",." \
Document ate: \\ lol \:)'"1,. Number of Pages:
Signer(s) a her Than Named Above:
Capacíty( es) Claimed by Signer
Signer's Na e: ~
Q Individui ~
Q Corpora e Officer - Title(s): '[ ,
,- Partner, C LImited::: Generai 'I
::: Attorney In Fact ,
L Trustee I
::J Guardia or Conservator
::: Other:
Signer Is Re resenting:
'109'N"'OC"N"".A",","""c'",OOo"OIoM,m'Ò""""""'~,""C"'3I'-""'-"","".m,."," 0,,", No,,"" '.mo," CA"""""% I ô;o,m,õõ27
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 0 November 9, 1994, that the City of Encinitas consents
to the ma ing 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: )~
Peter C ta-Robles, P.E.
Directo of Engineering Services
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 'C"
THE EAST RLY 6.00 FEET OF PARCEL 2 OF PARCEL MAP NO. 3581, IN THE CITY OF
ENCINITA ,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
MAP THE OF FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON
FEBRUAR 28, 1975,
BXHIB IT "B"
SEWER EASEMENT PLAT
l AP.N. 264-232-æ
PARCEL 1 OF AP.N. 264-232-27
PM 3581
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6, AP.N. 264-232-28
~ PARCEL 1 OF
I PM 3581
I
I A.P.N. 264-232-25 ~
PARCEL 2 OF \
I PM 351)1
I '\:-.
AP.N. ~1-141
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,I' AP.N. 264-232-24
,I' PARCEL 3 OF
/ PM3581
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AP.N. ~1.13 /
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- - - -PR PERTY BOUNDARY ~
~ i~ iCA TES EASEMENT N
!
Ii PASCO ENGINEE ING
'B'" 259-8212 1 "=50'
535 N. HWY 101. SY . A
SOLA'" B'ACH, CA 9 070
Æ 1180