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
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~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
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,:! 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,,'
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I, I Signerl ) Other Than Named Above: <_.- 7 ~
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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
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Ii PASCO ENGINEERING - * -
(858) 25 -8212
535 N, WY 101. srE, A 1" =50 .
SOLANA EACH. CA 92075