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2004-916984 RECORDING REQUESTED BY AND FOR TH~EFIT OF THE CITY OF ENCINITAS PER GOVERNMENT COd8CTION 27383 8 DOC # 2004-091 6984 1111111111111111111111111111111111111111111111111111111111111111111111 SEP 28, 2004 12:41 PM OFFICIAL RECORDS SÞ,N DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 DC NA PAGES 3 t \ WHEN RECORDED, PLEASE RETURN THIS INSTRUMENT TO: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, California 92024 Copy to: County of San Diego Attn: Tom Harrington MS -0200 15025 ¡ IUIII III/I 11111 8/11111/111111 Hili om IIIIIIII 2004-0916984 1\ r ~ ..~.~ v v' \" ¡., L> v J\) \ ~ SPACE ABOVE FOR RECORDER'S USE ONLY ~vr A iV'fr NO TRANSFER TAX DUE ./ vi Assessor's Parcel 262-073.03,25 Por. EASEMENT SEWER LINES AND APPURTENANCES Project: No.: Manchester Aqn W.O. No.: PM9003 Parcel No.: 2004-0237.A THE COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter designated GRANTOR, owner of the hereinafter describ.ed lands, for a valuable consideration, the receipt of which is hereby acknowledged does hereby GRANT and CONVEY to THE CITY OF ENCINITIAS, a.... California Municipal Corporation, herein designated GRANTEE, a perpetual easement 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 and structures interfering with the use of said easement by Grantee, its successors or assigns. 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 more particularly described as follows: Parcel No. 2004-0237-A (09-13-04) (TGH:BTH:tgh) All that portion of the Northerly 668.00 feet of the South Three Quarters of the Northwest Quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Base meridian, in the County of San Diego, State of California, according to the Official Plat thereof included in that land described in the Deed to the County of San Diego, recorded in the Office of the County Recorder of said County, September 27,2002 as Document 2002- 0835196, lying within a 10.00 foot wide strip of land, the sidelines of said strip lying 5.00 feet on each side of the following described centerline: \ \. BEGINNING at the intersection of the Northerly line of said Section 25 with a line parallel and 58.00 feet Easterly of a line which bears South 01 °04'23" West from the Section Corner common to Sections 23, 24, 25 and 26 as shown on Record of Survey Number 14106 recorded in the Office of the county Recorder of San Diego County March 5,1993 as file Number 93-141355; Page 1 of 3 8 8 . 2004-0237-A 15026 (Parcel No. 2004-0237-A CONT.) { , THENCE along said parallel line South 01°04'23" West, 1333.77 feet to the Southerly line of said County land and the POINT OF TERMINUS. TOGETHER with the Southerly 15.00 feet of said County land. The Grantor may, at its 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 by Grantee, its successors and assigns. The Grantor hereby covenants and agrees for itself, its heirs, successors and assigns, that there shall not be constructed or maintained upon the above described real property or within said easement any building or structure of any nature or kind that will interfere with the use of said easement 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 Grantor, its successors or assigns, from crossing over said real property and agrees that the Grantor, its 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, Grantee 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 Grantee. Dated this ;2 ,¡ if£, ~Jt1IzÆ-< ,2004. day of Page 2 of 3 Rev.1/August6.1998 8 8 1502'7 2004-0237-A .. o. . STATE OF CALIFORNIA } SS COUNTY OF SAN DIEGO On s:; z; ~f4>efore me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for said Count and State, personally appeared JEFFREY S. GRISSOM, Assistant Director, Department of General Services personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) (Pursuant to Ordinance No. 7206 adopted September 23, 1986), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Clerk By: ~ e~ .&-tíl~a~ Name (typed or printed) CITY OF ENCINITAS, GRANTEE, a California Municipal Corporation 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 Sewer lines and appurtenances, acce ts the easement granted thereon, and consents to the recordation thereof by its duly authorized DATE: 0/,1 ¡:z Ie' ~ BY Peter Cota-Robles Director of Engineering Services Page 3 of 3 Rev.1/August6,1998