2004-25585
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) OFFICIAL RECORDS
When Rec rded, Mail to; ) Sí;N DIEGO COUNTY R:ECOR'DER'S OFFICi
city Cle k ) ¡J:EGORV SMITH, COUNTY REORDER'
City of Encinitas ) FEES:
505 Sout Vulcan Avenue ) or:: Nt,
Encinitas, CA 92024 )
) SPACE ABOVE FOR RECORDER'S
fLP USE ONLY
~r SEWER EASEMENT
Ì) {/ Project No. PC 0::>'-::>'1]
~r/ W.O. No. 1189-(", T
\
A CALIFORNIA CORPORATION
hereinaft r designated Grantor(s, owner(s) of the hereinafter
described lands, for a valuable consideration, dotes) hereby
GRANT an CONVEY to the City of Encinitas herein designated
Grantee, a perpetual easement and right-of-way upon, through,
under, ov 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, 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
maintenan e 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 public 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 Di go, State of California, and is particularly described
as follows:
See Exhi it "A" and Exhibit "B" attached hereto and made a part
hereof b this reference.
The Granto 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 detr imental to the use of said easement and right-of-way by
Grantee, its successors and assigns, provided no trees shall be
planted 0 grown thereon.
The Gran ors hereby covenant and agree for themselves, their
heirs, uccessors 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 asement 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 yoiled, asphalt or concrete surface with like material
and will eplace any fence removed by it.
Executed his sy-I-~ day of ~ 2001
OWNER: ~'p../;;4¡'¿6-..,...", O,.v,r<>"P OJ"'.?"¡'-:." """-
~N</"""'t.H
By: ~ M:Ýlli Y\ G; V1t>eVev¡
C,.i1a i ¡t' of 130< of ,YtlSfð:5
By; _kdho~~~ -I K. I~
[Signature of OWNER must be notarized. Attach the appropriate
acknowledg ment.]
CALIFOR IA ALL.PURPOSE ACKNOWLEDGMENT
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State f California. g.:. } .Ò,'"
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personally known to me g
C proved to me on the basis of satisfactory g
evidence g
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to be the perso$) whose name(~ islare .g
~ subscribed to the within instrument andg
.. CORNBJA A EWSoR 1\ acknowledged to me that I>e/~tRêY executed g
, Commission IF l:ïB5626 ~ the same in .¡,¡,&thmr authorized g
No!ay PubIJc - CaItIcmIa ~ capacity(ies), and to at by -ms/herllReir g
San DIego County signature(S¡ on the instrument the person(s), or ,~
MYComm.Fxpirao;Dac27,2004 the entity upon behalf of which the person(S¡ (i
acted, executed the instrument X
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opnONAL g
Though t e Inlo,mation below is not ,equi,ed by law, it may wove valuable to pe<sons '.'ying on the document and could p,"vent g
Imudulent ,emova! and ,eattachment 01 th,s 10,", to anoth., document. g
Descri tion of Attached Document ~
Title or pe of Document /" ~
/ 'os
Docume t Date: ..nûmber of Pages: g
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Signer(s) Other Than Named Above: /' g
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Capaci y(ies) Claimed by Signer, /~/ ~
Signer's ame: //' 9,
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LJ Indivi ual,// TOPOfthombh"eg
[l Corpo ate Officer - Title(s):/ 9
D Partn r - 0 Limited C Géneral g
=: Attorn y-in.Factg
[l Truste ~
D Guardi n or COnservator X
C Other: ~
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Signer is epresenting: ~
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'C2<;'C--C,,-C, ,c.,c ,c,,:/, ,':_,':' -"c,': ':_-~:":';'~_'è,<./';<,,--- - --,
. "" N",,",I No"OA"""",."" 00 5""" PO """"""'WO,"CA903""<O"_""',,"O"0"9 Pm' No."" P"""C"'To",""""""""",
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; 1- ?-Ó4-
By:
~Peter C ta-Robles, P.E.
Directo of Engineering Services
.
EXHIBIT "A"
LEGAL DESCRIPTION
Real pro erty in the City of Encinitas, County of San Diego, State of California, described as
follows:
THAT PO TION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
1S, TOW SHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUN1Y OF
SAN DIE 0, STATE OF CAUFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, TOGETHER
WITH TH T PORTION OF LOT S OF ENCINITAS PLAZA/WESLEY HOMES UNIT NO.1, IN THE
CITY OF NCINITAS, COUN1Y OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP
THEREO NO. 8116, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO
COUNTY, MAY 28,1975, DESCRIBED AS FOLLOWS:
BEGINNI G AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTE OF SAID SECTION 15; THENCE ALONG THE BOUNDARY OF THE LAND DESCRIBED IN
DIRECTO 'S DEED TO PAUL ECKE ET UX, RECORDED FEBRUARY 1, 1963 AS OF DOCUMENT NO.
20238 0 OFFICIAL RECORDS, AS FOLLOWS:
NORTH 8 DEGREES 15'13" WEST ALONG THE SOUTH UNE OF SAID NORTHWEST QUARTER OF
THE NOR HWEST QUARTER, 10.21 FEET, AND NORTH S DEGREES 31'12" WEST 318.92 FEET
TO THE ORTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE NORTHERLY UNE OF
SAID LA D AND ALONG THE SOUTHERLY UNE OF THE LAND DESCRIBED IN DEED TO THE
STATE 0 CALIFORNIA RECORDED AUGUST 30, 1962 AS DOCUMENT NO. 149822 OF OFFICIAL
RECORD NORTH 80 DEGREES 47'08" EAST 148.45 FEET TO THE SOUTHERLY UNE OF SAN
MARCOS OAD AS DESCRIBED IN THAT CERTAIN EASEMENT TO THE COUN1Y OF SAN DIEGO
RECORD D JULY 26, 1967 AS DOCUMENT NO. 109745 OF OFFICIAL RECORDS; THENCE ALONG
SAID SO ERL Y UNE SOUTH 84 DEGREES 12'08" EAST 121.88 FEET TO THE BEGINNING OF A
TANGEN 749.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE ALONG SAID CURVE
THROUG A CENTRAL ANGLE OF 07 DEGREES 16'43" AN ARC DISTANCE OF 95.1S FEET
THENCE EAVING SAID SOUTHERLY UNE SOUTH 01 DEGREES 59'14" WEST 317,67 FEET,
MORE OR LESS TO A POINT IN THE EAST.WEST CENTER UNE OF THE NORTHWEST QUARTER
OF SAID ECTION 1S, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID
EAST-WE CENTER UNE SOUTH 89 DEGREES 15'13" EAST 60.00 FEET; THENCE SOUTH 01
DEGREES 59'14" WEST 34.02 FEET TO A POINT IN A NON-TANGENT 255.00 FOOT RADIUS
CURVE,C NCAVE SOUTHERLY, A RADIAL UNE TO SAID POINT BEARS NORTH 11 DEGREES
00'35" EA THENCE EASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE 0 70 DEGREES 54'56" AN ARC DISTANCE OF 315.61 FEET; THENCE TANGENT TO SAID
CURVE S UTH 08 DEGREES 04'34" EAST 435, 11 FEET, MORE OR LESS, TO A POINT IN THE
SOUTHER Y LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 15; THENCE ALONG SAID SOUTHERLY UNE NORTH 89 DEGREES
05'47" W ST 354.34 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 08 DEGREES
04'34" W ST 457.37 FEET; THENCE NORTH 19 DEGREES 22'26" EAST, 199.93 FEET TO A POINT
IN A NON TANGENT 255.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL UNE TO
SAID POI T BEARS NORTH 08 DEGREES 42'50" WEST; THENCE EASTERLY ALONG SAID CURVE
THROUG A CENTRAL ANGLE OF 06 DEGREES 12'13" AN ARC DISTANCE OF 27.61 FEET;
THENCE ORTH 01 DEGREES 59'14" EAST 30.35 FEET TO THE TRUE POINT OF BEGINNING,
First American TItle
EXHIB T "A" CONT.
EXCEP NG THEREFROM THAT PORTION LYING WITHIN CALLE MAGDALENA AS SHOWN ON
SAID M P NO. 8116.
APN: 25 -112-27-00
First American Title
.
EXHIBIT "B"
LEGAL DESCRIPTION
" (SEWER EASEMENT)
THAT PO ON OF THE SOUTIIEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 5, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
INTHEC OF ENCINITAS, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORD G TO OFFICIAL PLAT THEREOF FILED IN THE OFFICE OF THE SAN
DIEGO CO IT RECORDER, BEING MORE P ARTICULARL Y DESCRIBED AS
FOLLOWS
A 30-FooT WIDE STRIP OF LAND LYING 15 FEET ON EACH SIDE OF THE
FOLLO G DESCRIBED CENTERLINE:
COMMEN INGATTHESOUTHWESTCORNEROFLOT I OF MAP NO. 10235,
RECORDE ON OCTOBER 6, 1981; THENCE ALONG THE SOUTIIERL Y LINE OF THE
NORTH F OF THE SOUTIIEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SEC ON 15, NORTH 89"05'53" WEST, 214.16 FEET TO THE TRUE POINT OF
OEGINNI ; THENCE LEAVING SAID SOUTIIERLY LINE, NORTH 76°12'25" EAST,
44.89 FEET THENCE NORTH 87°07'43" EAST, 43.38 FEET TO THE BEGINNING OF A
NON-TAN ENT 206,00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A
RADIAL L E FROM SAID RADIUS POINT BEARS, SOUTIl25°59'02" EAST; THENCE
ALONG ARC OF SAID CURVE TIIROUGH A CENTRAL ANGLE OF 09°26'57" AN
ARC DIST CE OF 33.97 FEET TO A POINT HEREINAFTER KNOWN AS POINT "A",
THENCE C NTINUING ALONG SAID 206.00 FOOT RADIUS CURVE, A RADIAL LINE
FROM S RADIUS POINT BEARS, SOUTIl35°25'58" EAST; THENCE ALONG THE
ARC OF S CURVE TIIROUGH A CENTRAL ANGLE OF 11 °33 '02" AN ARC
DISTANCE F 41.53 FEET TO A POINT HEREINAFTER KNOWN AS POINT "0",
THENCE C NTINUING ALONG SAID 206,00 FOOT RADIUS CURVE, A RADIAL LINE
FROM SAI RADIUS POINT BEARS SOUTIl46°59'00" EAST; THENCE ALONG THE
ARC OF S D CURVE TIIROUGH A CENTRAL ANGLE OF 09°02'18" AN ARC
DISTANCE F 32.50 FEET TO A POINT HEREINAFTER KNOWN AS POINT "C",
THENCE C NTINUING ALONG SAID 206.00 FOOT RADIUS CURVE, A RADIAL LINE
FROM S RADIUS POINT BEARS SOUTIl56°0 1'18" EAST; THENCE ALONG THE
ARC OF S D CURVE TIIROUGH A CENTRAL ANGLE OF 15°00' 19" AN ARC
DISTANCE F 53.95 FEET TO A POINT ON THE SOUTIIERLY RIGHT-OF-WAY OF
CALLE MA DALENA AS DEDICATED IN DOCUMENT RECORDED ON JULY 10, 1980
AS FILE NO 80-216719 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE POINT
OF TERM! US.
THE SIDEL ES OF SAID 30-FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTIIERL Y IN THE SOUTIIERL Y LINE OF THE
NORTH F OF THE SOUTIIEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTI N 15, EASTERLY IN THE WESTERLY LINE OF SAID LOT I, AND
NORTHERL IN SAID SOUTIIERL Y RIGHT -OF-WAY LINE OF CALLE MAGDALENA.
CONTAINS 217 SQUARE FEET MORE OR LESS,
, EXHIBIT "B"
i
LOT I : ~
MAP NO. 10.295 ¡ , U1
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~ PARCEL' A" - PROPOSED UJ
SEWER, W TER, AND Z
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TRAIL E SEMENT ...1
7.217 S. . >-
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m PARCEL' .. - PROPOSED u UJ
WATER E SEMENT Q.
279 SF. IQ'
æ PARCEL" .. - PROPOSED Q
WATER E SEMENT L <t
288 SF. /Q..J
0 PARCEL" .. - PROPOSED ~\Ò Qt1
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------ TRAIL EA MENT '---1: Lcr
386 SF. îl- . ¡.:~
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DELTA LENGTH RADIUS ~- ú)
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C1 09 '26 '57'" 33.97' 206.00' '--ù /{J.
C2 11 '33 '02" 41.53' 206.00' W:M"" <ÌJ~
C3 09 '02 '18" 32.50' 206.00' ú) It .... .
C4 15 '00 '19" 53.95' 206.00' c:,~
C5 03 '53'51" 4.08' 100.00' "
C6 31 '01'44" 33.54' 60.00' Cf)
PE 1O44F
II PASCO ENG t..eERING
(858) 259--8 12
535 N. HWY 101, STE. A
SOLANA BEA ~ CA 92075