2003-1503655
DOC # 2003-1503655
Recording Requested by: ) DEC 23. 2003 3:41 PM
City of Encinitas )
) OFFICIAl RECORDS
t~ When Recorded, Mail to: ) SAN DIEGO COUNTY RECORDER'S OFFICE
City Clerk ) GREGORY J. SMITH, COUNTY K'ECORDER
City of Encinitas ) FEES: 0.00
505 South Vulcan Avenue ) DC: NA
/~ Encinitas, CA 92024 )
~r For the benefit of the City ) -~
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k SEWER EASEMENT
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Assessor's Parcel Project No.
No. 264~232-26 W.O. No. Oc;.~
1ï1CUMENTARY TRANSFER TAX $ r;
Anthony M. Richards and Jenny N. Richards, Husband and Wife, as
Joint Tenants
hereinafter designated Grantor(s, owner(s) of the hereinafter
described lands, for a valuable consideration, dotes) 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.
Executed this ~ day of Dee , 2003.
OWNER:
By: ~/41ttU / ({oj- #9x ¿}";
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By: -)
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[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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~ On O~t""'~"'- ~, 2.0.) before me, {(,"..o\- t'\.IJ.~\\ , Nolwy P"~I" ~
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~ personally appeared II.."I-'wlloy M.. Rdt..,"rJ~ £- 'J"~I\')' II, R\\~",J; ~
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~ personally known to me ~
~ ~ proved to me on the basis of satisfactory ~
~ evidence , I
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!1i to be the person@ whose namelS) ill@> ~
~ subscribed to the within Instrument and ,~
) acknowledged to me that lW~executed ~
~ ROBERT M, NEilL the same in his/her authorized ,~
J1i @ Commission # 1296654 z capacity~ and that by hl\;/~r~ ~
~ ~ ,..,: Notory Public - California ~ signatur on the instrument the persor@~ ~
~ J ~ San Diego County i the entity upon behalf of which the perso ~
~ Myeoom,ExpieS~~~ acted, executed the instrument. g
~ - - - - - - - - WITNESS my hand and official seal. ~
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g OPTIONAL ~
g Though the Informa';on below Is nol required by law, It may prove vatuable to pe"ons relying on the document and could prevent g
~ fraudulent 'emoval and reaffachment of thIS fo,m to another document. g
~ Description of Attached Document ~
);i Title or Type of Document: 9-<""", 't~\"",,~ ~ g
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g Document Date: \<"/""0,,", NumberofPages:.~
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!1i Signer(s) Other Than Named Above: ~
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~ Capacity(ies) Claimed by Signer ~
~ Signer's Name: ,~
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'þ Individual TOp:,lthvmbhec, ,*
,~ I ¡ Corporate Officer - Tltle(s): g
,~ 0 Partner - C Limited l General g
,~ Attorney-in-Fact ;~
,~ I~ Trustee g
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.~ ~ Other: g
:~ Signer Is Representing: ~
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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 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 /.,. I. -.
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By: (. "' J:: ,;I-,.
Peter Cota-Robles, P.E.
Director of Engineering Services
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
THE SOUTHERLY 50,00 FEET OF THE EASTERLY 12,00 FEET OF PARCEL I OF PARCEL MAP
NO, 3581, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL MAP THEREOF FILED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER ON FEBRUARY 28, 1975,
EXllIBIT liB II
SEWER EASEMENT PLAT
I
: ¡
I I
I I
¡ APoN. 264-232-26 I
PARCEL 1 OF I
I PM~1 I
A.P.N. 264-231-141 I AP.N. 264-232-27
I I
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I 1
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1- - - "';.ÃÍ ;;;:¡;;;.; - - - , A~N. -=-æ
PARCEL 2 OF I PARCEL 1 OF !
PM3581 I PM3581
- - - - PROPERTY BOUNDARY
~ J,'lJijCA TES EASEMENT N
!
Ii PASCO ENGINEERING J "=50 ,
'S08' "'9-S0tO
0'" N, HWY 101, STE, A
SOLANA SEACH, CA 92070
PE 1180