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2003-1520759 r. - .. #~O3-1520759 DOC Recording Requested by: ) DEC 30. 2003 3:27 Pl't City of Er cinitas ) ({P ) OFFICIAL RECORDS When Reco ded, Mail to: ) SAN DIEGO COUNTY í:ECORDER'S OFFICE (l)f.:r City Cler ) GREGORY J. SMITH, COUNTY RECORDER City of E cinitas ) FEES: 0.00 ?~i'j 505 South Vulcan Avenue ) DC: NA Encinitas, CA 92024 ) (If For the b nefit of the Citv ) SPACE ABOVE FOR RECORDER'S --'nl! USE ONLY ';_;.::'-Cl~~ ~r SEWER EASEMENT Assessor' Parcel Project No. No. 264-2 2-23 W . O. No. pt' .5 - ({ S9 Doucrlas r. Miller and Julia F. Miller Husband and Wife as communitv nronertv with riaht of survivorship. hereinaft r designated Grantor(s, owner(s) of the hereinafter described lands, for a valuable consideration, dotes) hereby GRANT anc CONVEY to the City of Encinitas herein designated Grantee, a perpetual easement and right-of-way upon, through, under, 0" r 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, and any other obstructions interfering with the use of said eas 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 aId 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 convey said easement, or any portion of said easement, to other Dublic 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 ego, State of California, and is particularly described as follows: SCANNED r , . See Exhib' t "A" and Exhibit "B" attached hereto and made a part hereof by this reference. The Granters 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 GrantDrs hereby covenant and agree for themselves, their heirs, s ccessors 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"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 /9+":::' day of bt<--<,..."-r ,200J. . OWNER: By: c~ ..:---. By'frdÚJ MJl~ ) [Signatur= of OWNER must be notarized. Attach the appropriate acknowled3'ement. ] . , . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~.e<'-<X'-<X'=~. c c-<';~fiX'=-<X'=~~-<X'=<X':=.e<'====.e<'=oGf=~.Qi'=.ë<'=' ~ State of california.} ~ I ~'~ ss. ' ~ County f -/C1f\ "\) " I I ",. ~ II, , '" j I ï \ . ~ [On IQ' '. beforeme.f'\c'i'I\.J (",.'.C'I) (Jc.¡'\ìc,\.l:......, " '..' - b D;}\, "'T"~""-~~~ I I person lIy appeared ~\CJ..c. f'\ r- . ì ~ r" , Nom'I,'o",'g"'I'1 " I n ~"O,," "'oo" om. , , Q...¡>r6Ved to me on the baSIs of satisfactory I evidence ~ ,:! to be the personls) whose namels) is/are ~ ~ subscribed to the within instrument and I @ - - - - - - - - - - acknowledged to me that he/she/they executed' ~ ANDREWNICHOlASO'lOUGHLlN~ the same in his/her/their authorized, ¡;¡ Commission # 1379771 capacltY(les), and that by his/her/their,,' I No'o" '"~, -- 'o"~"! .'M,",.') 00 .. ,.~~." '"' ~-I.), "' ~ I' Son Diego County - the entity upon behalf of which the person(s) ~ I MyComm, Expires Oct 12. 2006 acted. executed the inslrument. ~ I g ~ w"'~'" '"" -", oM' I ~ " 'U,~lL, ~ 5'g","" o<ooP'"'" ; g , ~ ~ I~ OPTIONAL g [, Though e Inlo,malion below Is not ,.qul,.d by law, ;¡ may wove valuable to pe"on5 ,.Iylng on the document and could p,.vent ~ ~ Imudulent ,.moval and ,.a"aehment 01 th<s lo,m to anoth., document I £ Descr plion of Attached Do~umenl ~ , I T<.. ~ "_moo, ~Oh"': t """",~,J.- I : Ooc"m m~" I q þ", 20D ~ "moo,"'- 2-. ! I ~ I, I Signerl ) Other Than Named Above: <_.- 7 ~ I /.' i Capa ily(ies) Claimed by Signer ~ ~ ~ Signer' Name: g . ,.. ~ ~ n '00' ,,~, . . .----~ "'~'<~'- I !1i 0 Cor orate Officer - 'fiIle(s): I I n 'M oo-nUm"oo U,.~, , 0 Ano ney-in-Fact // , 0 Trus ee /- I: [] Gua dian or Conservator // g I 0 Olh r: '~ ~ ~ ~ ~ Signer s Representing: --- ~ ~=-=-'Ç<)' . -~'<~VX><X'<X',"D¡X,'~'Q<'-'Q<'--g;=~'Q<'-'Q<'--g;~~~'<X-g;'<X-~~,%~"G::-~~~=~V~ @"9ON""""""o, =",.,-93500,50<"'" PO 8"2'02-CO,,"",,OC'913'3.2402-www""'"""""'"o.o<g ""ON,",", R""""C,""",",,,,'.800."""" , . GOVERNMENT CODE SECTION 27281 I certify n behalf of the City Council of the City of Encinitas, pursuant 0 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: f) \/~-- Peter C ta-Robles, P,E, Directo of Engineering Services , . EXHIBIT "A" LEGAL DESCRIPTION PARCEL'F" ERL Y 20,00 FEET OF THE WESTERLY 50,00 FEET OF PARCEL 3 OF PARCEL MAP THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, TO OFFICIAL MAP THEREOF FILED IN THE OFFICE OF THE SAN DIEGO . CORDER ON FEBRUARY 27, 1975. WITH THAT PORTION OF SAID PARCEL 3, BEING MORE PARTICULARLY AS FOLLOWS: BEING A 1 .00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE OF THE FOLLOW G DESCRIBED CENTERLINE: COMMEN ING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE NORTHE Y LINE OF SAID PARCEL 3, SOUTH 86°29'19", 7,93 FEET TO THE TRUE POINT OF BEGINNIN ; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00°17'47" WEST, 127,76 FEET; THE CE NORTH 87°29'51" EAST, 128.96 FEET; THENCE SOUTH 31°02'32" EAST, 11.38 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 3, SAID POINT BEING THE POINT OF ERMINUS. THE SIDE ES OF SAID 10.00 FOOT WIDE STRIP TO BE SHORTENED OR EXTENDED SO AS TO TERM ATE NORTHERLY IN THE SOUTHERLY LINE OF THAT PORTION OF EASEMENT DESCRIBE AS THE NORTHERLY 20,00 FEET OF THE WESTERLY 50,00 FEET OF SAID PARCEL 3 ND SOUTHERLY ON THE SOUTHERLY LINE OF SAID PARCEL 3. EXHIBIT "B" SEWER EASEMENT PLA T I I I ----fA \------- ~--- ----- \ ~ \ \ \ ~ I ./¡¿,~;,.\~EEII if ~ I ..,._.~~ \ ~ (("ð ...i./.> ....:.'..'.'.~.. \ ~ ~ I ,.'~;;':~ d ~ ¿¡ <0 ",., 2: Q \ ~ ~ ~ ~ I ~ \l~ ,!~(j ~ \ ((~~ ~ I~, ~ /,,~ \ ~ ~ ~,~ ~ \ ~ fô\~ ~ I ~EJ ~ ~ ~ II Cl~ \ ~ffi~ fô\~ ~ "'~ "-1 \ ~a:~ ~ ~ IL ~ , ~æ w . - ~ ow I ... ' .J - - "'g'¡~';' ìò UI \ .7 ú W \ ~~~~ ~ ~ ¡/j~ I ~ \ !!¡O . , '" 11- I en (¡j~~~ ~ I ;:: IL ' I ~ . ~ " ;,.., " ~ I~ ~ ic \-U I~ ~ "1 ~ ... ... ~ þ ~ I Ii PASCO ENGINEERING - * - (858) 25 -8212 535 N, WY 101. srE, A 1" =50 . SOLANA EACH. CA 92075