2003-1520759 (2)
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. #.03-1520759
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DOC
Recording Requested by: ) DEC 30~ 2003 3:27 PM
City of Encinitas )
f:e ) IFFIClfl REIDDS
When Recorded, Mail to: ) I!I1N DIEm GIl.tß'V RErom'S (HIlI
City Clerk ) IiEIm J. SHHH. GIl.tß'V REClRŒR
' City of Encinitas ) FEES: 0.00
505 South Vulcan Avenue ) IE: It'\
Encinitas, CA 92024 )
For the benefit of the City ) SPACE ABOVE FOR RECORDER'S
1~ USE ONLY
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h SBWBR BASBMBNT
Assessor's Parcel Project No.
No. 264-232-23 W.O. No. ()LS- 4~fj
Douqlas D. Miller and Julia F. Miller. Husband and Wife, as
communi tv property with riqht of survivorship.
hereinafter designated Grantor(s, owner (s) of the hereinafter
described lands, for a valuable consideration, do(es) 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
maintenanc~ 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 $an Diego, State of California, and is particularly described
as follows:
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At
~. SCANNED
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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
heire, successors and assigne, 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 i~tallation
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 J9~ day of b~ '-r , 200 J'.
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OWNER:
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BY:~----
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By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.] i
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CAUFORNIA ALL.pURPOSE ACKNOWLEDGMENT
State of Califomia }ss.
County of S<ltf\ ~\)
onJq~\u~ beforeme,~-eL\J ~¡(.hJ(O" t>'Lc>I~"'-~,
~ D illtr- -[_mor-(.~'-"',~~
personaliy appeared gIn..... f'.\. 1 ~ "',
-"m-.,
0 personally knQwn to me
Q..,9t'ðVad to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that helshelthey executed
. ANDREW NICHOLAS O'LOUGHLIN the same in his/her/their authorized
- . Commission # 1379771 capacity(ies), and that by his/her/their
i Notary Public - Callfamla f signature(s) on the instrument the person(s), or
j Son Diego County f the entity upon behalf of which the per$On(s)
MyComm.~OctI2.:.m6 acted, executed the Instrument.
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WITN~ official seal.
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OPTIONAL
Though the - below is not requirtd by law. ff...y ptDve -able to porsons røIying on the document and C1JU/d þrevenl
_, oomovaJ and rea_, 01 this Ionn 10 another document.
Description of Attached Document
TItle or Type of Document: ~ 0 lU<l.r ~~þ.
Document Date: ["1 VA ?--CYò ~ Number of Pages: 2-
Signer(s) Other Than Namad Above: -- ¿
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual Top oflhum" he<e
0 Corporate Officer - e(s):
0 Partner - 0 Limitad 0 General
0 Atlomey-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
.".......... """,.."""",. 9350 De """Aw.. P.o.""""'-.CA91"..""'._.,,_.... P"",. No. 5907 _"""""_'.000-"_"
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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
Purposesr accepts the easement granted thereon, and consents to
the recordation thereof by its duly authorized officer.
::eJ%~
Peter Cota-Robles, P.E.
Director of Engineering Services
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL"F"
THE NORlHERL Y 20,00 FEET OF THE WESTERLY 50.00 FEET OF P ARCa 3 OF PARCEL MAP
NO, 3561, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO OFFICIAL MAP THEREOF FILED IN lHE OFFICE OF THE SAN DŒGO .
COUNTY RECORDER ON FEBRUARY 27, 1975.
TOGETHER wrrn THAT PORTION OF SAID PARCEL 3, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 5,00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORlHWEST CORNER OF SAID PARCEL 3; THENCE ALONG lHE
NORTHERLY LINE OF SAID PARCEL 3, SOUTH 86°29'19", 7,93 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00°17'47" WEST,127.76
FEET; THENCE NORlH 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 TERMINUS.
THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP TO BE SHORTENED OR EXTENDED SO AS
TO TERMINATE NORTHERLY IN THE SOUTHERLY LINE OF THAT POR1JON OF EASEMENT
DESCRIBED AS THE NORlHERL Y 20.00 FEET OF THE WESTERLY 50.00 FEET OF SAID
PARCEL 3 AND SOUTHERLY ON THE SOUTHERLY LINE OF SAID PARCEL 3,
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~. PA~CO ENGINEERING -$ -
1858) 2119-8212
535 N, HWY 101. STE, A 1"=50'
SOLANA BEACH. CA 92075