2004-916985
, RECÐ'RDING REQUESTED BY AND FOR THE .EFIT OF THE
CITY OF ENCINITAS PER GOVERNMENT CODE SECTION 27383
8
DOC # 2004-091 6985
11111/1111111111111/11 1111111111 III/I 11111/11/111111 11/11111111/11 III!
WHEN RECORDED, PLEASE RETURN THIS
INSTRUMENT TO:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, California 92024
15028
SEP 28, 2004 12:41 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECOROER'S OFFICE
GREGOR'"(,j SMITH, COUNTY RECORDER
FEES 000 WA'(S
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PÞ,GES: 8
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Copy to:
County of San Diego
Attn: Tom Harrington
MS -0200
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2004-0916985
SPACE ABOVE FOR RECORDER'S USE ONLY
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AMENDED GRANT OF EASEMENT
AND DECLARATION OF RESTRICTIONS
This Amended Grant of Easement and Declaration
of Restrictions replaces the Grant of Easement
and Declaration of Restrictions recorded on
September 27,2002 as Doc # 2002-0835197.
NO TRANSFER TAX DUE
Assessor's Parcel
No.: 262-073-03
Project: MANCHESTER ACQUISITION
W.A. No.: T A5367
Parcel No.: 2001-0060-A1
THIS AMENDED GRANT OF EASEMENT AND DECLARATION OF RESTRICTIONS is executed this-
day of ,2004, by the CITY OF ENCINITAS, a California municipal corporation (City), and
the COUNTY OF SAN DIEGO, a political subdivision of the State of California (County) and is made with reference
to the following facts:
RECITALS
1 . County owns certain real property located in the City of Encinitas more particularly described in
Exhibit A attached hereto and hereinafter referred to as the Manchester Property. The Manchester property is
approximately 18.9 acres in size and is undeveloped.
2. The Manchester Property is located immediately south of property at 3616 Manchester Avenue in
the City. The property at 3616 Manchester Avenue is hereinafter referred to as the Mavis Property and is more
particularly described in Exhibit B attached hereto.
3. The City approved a project known as the Encinitas Country Day School (Case No. 98-039
MUP/DRlCDP) to be located on the Mavis Property. The Encinitas Country Day School claims that it has a sewer
easement running north/south across roughly the middle of the Manchester Property. The City denies that such a
sewer easement exists and asserts that it did not grant or approve such an easement.
R3205war,docl2004
Rev. 6/September 27,2004
4. Encinitas Country I School filed a lawsuit seeking, among 01 thi~~ t~ c~n~rm the existence
of the sewer eç¡sement across the Manchester Property. The lawsuit is Encinitas Country Day School, et al. v. City
of Endnitas, Superior Court No. 778319.
5. The City offered to sell the Manchester Property to the County, and the County is willing to
purchase the Manchester Property from the City subject to certain conditions and restrictions pertaining to the
establishment and use of the sewer easement. The purpose of this document is to describe the conditions and
restrictions on the establishment and use of a new sewer easement on the Manchester Property.
EASEMENT AND CONDITIONS AND RESTRICTIONS
The County hereby grants the following rights to the City:
1. The County hereby grants to the City a 15-foot-wide non-exclusive subsurface easement
in gross for one subsurface sewer pipe on the alignment described in Exhibit C and shown on Exhibit D attached
hereto.
2. The grant of this subsurface sewer easement is subject to the following conditions and
restrictions regarding conveyance by the City:
a.
This grant is for a one-time conveyance of the sewer easement by the City to
M&M Development, LLC solely to provide sewer service to the Encinitas Country
Day School (City's Case No. 98-039 MUP/DRlCDP) located at 3616 Manchester
Avenue (the Mavis Property) immediately north of the Manchester Property and
described in Exhibit B. The City may, or may not, convey the easement in its sole
discretion, but any conveyance shall be subject to all of the conditions and
restrictions specified herein.
b.
If in its discretion the City conveys the sewer easement for use by the Encinitas
Country Day School as described in paragraph 2a above, the easement shall
become effective only upon the City's issuing a grading permit or a building permit
for the Encinitas Country Day School (City's Case No. 98-039 MUP/DRlCDP)
within five years of the effective date of the Purchase and Sale Agreement and
Joint Escrow Instructions to which this Grant of Easement is attached.
c.
The City shall convey the sewer easement only if the owners of the Mavis
Property convey to the County all of their right, title and interest in the sewer
easement granted to Paul Mavis and Geoffrey Mavis for an underground sewer
pipe on the Manchester Property. This easement was recorded on November 18,
1983 as File No. 83-420873 of Official Records.
3. The grant of this subsurface sewer easement is subject to the following conditions and
restrictions regarding the use of the sewer easement:
R3205waLdocl2004
a.
No manholes may be installed within the easement boundaries.
b.
The surface area of the easement may not be paved or otherwise improved
except during the creation of the wetlands by the County Water Authority.
c.
The surface of the easement area shall not be bermed. To eliminate the necessity
for any berm, the subsurface sewer pipe installed in the easement area must be
buried to a depth of at least seven (7) feet below the finished wetlands grade as
established and installed pursuant to the San Diego County Water Authority
Grading Plan for: Wetlands Creation for Manchester Site (Encinitas drawing No.
1579-G approved on May 4, 2004 and as amended by San Diego County Water
Authority Revised Project Grades Information Plat dated August 17, 2004).
d.
If the natural conditions on and/or along the sewer easement area are disturbed
for any reason related to the installation, use or maintenance of the sewer pipe or
access to the easement or sewer pipe, Encinitas Country Day School, or its
successor in interest, shall take prompt action to revegetate and restore the entire
2 Rev. 6/September 27, 2004
\50,90
diaed area to at least the condition that e&d imrrmc:f15tèlY"before lhe area
was disturbed. If Encinitas Country Day School, or its successor in interest, after
written notice, fails to take prompt remedial action, the County, in its sole
discretion, may revegetate and restore the disturbed area. If the County does so,
Encinitas Country Day School, or its successor in interest, shall promptly
indemnify the County for all of the costs and expenses the County incurs to
revegetate and restore the disturbed area to the condition that existed
immediately before the area was disturbed.
e.
Encinitas Country Day School has submitted plans to the City regarding its
planned sewer, and those plans have been reviewed and approved by the City. A
sewer permit will be issued by the City consistent with that approval. The County
has reviewed the sewer permit and confirms that it is consistent with the
conditions and restrictions contained herein. Encinitas Country Day School
agrees that it shall comply with the conditions and restrictions imposed pursuant
to the sewer permit issued by the City.
4. The grant of this subsurface sewer easement is subject to the following condition
regarding termination of the easement:
a.
If the City conveys the sewer easement and it becomes effective according to the
conditions specified above, but the Encinitas Country Day School is not issued a
Certificate of Occupancy within five years after the sewer easement becomes
effective or the school project is otherwise abandoned, the subsurface sewer
easement terminates.
5. The grant of the subsurface sewer easement is subject to the following express
reservation by the County:
Dated this
'/ :? TfI-
J
a.
The County expressly reserves the right to use the surface of the entire easement
area for purposes of preserving biological resources and establishing and
maintaining wetlands.
day of ,-1? ~~--
,2004.
SAN DIEGO, GRANTOR,
iv' .
HE, Director
entof General Services
R3205war .docl2004
3
Rev.6ISeptember27,2004
8
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STATE OF CALIFORNIA }
SS
COUNTY OF SAN DIEGO
15031.
On 1¡/'! '}, , before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for
said ounty and State, personally appeared JOHN J. McTIGHE, 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.
Y J. SMITH, £eSS'Jl¡)er/coun"J Clerk
Deputy
By:
6¡;?ð6ð/'~ 6. Zð2Jd
Name (typed or printed)
CITY OF
a Californ'
By:
é7l~?
£" V ll'7é'e-J-"
Title
R3205war.docl2004
4
Rev. 6/September 27, 2004
8
8
15032
EXHIBIT" A"
LEGAL DESCRIPTION OF THE MANCHESTER PROPERTY
Parcel No. 2001-0060-A
(04-11-2001)
(WAR:BTH:rlk)
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 and Meridian, in
the County of San Diego, State of California, according to Official Plat thereof.
EXCEPTING THEREFROM that portion lying Southeasterly of a line described as
follows:
BEGINNING at a point on the North line of the South Half of the Northeast Quarter of the
Northwest Quarter, distant thereon 725.18 feet from the Northeast corner of said South
Half, being a point on the Southeasterly right of way of proposed Manchester Avenue;
thence along said Southeasterly line South 51°39'01" West to the West line of Section
25.
ALSO EXCEPTING that portion described in Deed to the County of San Diego recorded
July 7,1978 as File No. 78-283319 of Official Records, set out as follows:
PARCEL NO. 77-0336-A
All that portion of the Southwest Quarter of the Northeast Quarter of the Northwest
Quarter of Section 25, Township 13 South, Range 4 West, San Bernardino Base and
Meridian, in the County of San Diego, State of California, described in Deed to Frances
M. Brewer, recorded February 6, 1976 as File No. 76-037272 of Official Records in the
Office of the County Recorder of San Diego County.
PARCEL NO. 77-0731-A
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 and
Meridian, in the County of San Diego, State of California, described in Deed to Frances M.
Brewer, recorded February 6, 1976 as File No. 76-037272 of Official Records in the Office
of the County Recorder of San Diego County, lying Southeasterly of the Northwesterly line
of that portion thereof described in Deed to Berman Swartz, recorded April 6, 1972 as File
No. 84954 in said Recorder's Office.
EXHIBIT-A.docl2004
Rev. 4/September 24, 2004
8
8
EXHIBIT "B"
15033
LEGAL DESCRIPTION OF THE MAVIS PROPERTY
The North Half of the Northwest Quarter of the Northwest Quarter of Section 25,
Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the City of
Encinitas, County of San Diego, State of California, according to the Official Plat thereof.
EXHIBIT-B.docl2004
Rev. 4/September 24, 2004
8
8
EXHIBIT "C"
15034
SEWER EASEMENT
A Sewer Easement over, under, along and across a portion of the Northerly 668 feet of
the South Three Quarters of the Northwest Quarter of Section 25, Township 13 South,
Range 4 West, San Bernardino Base and Meridian in the County of San Diego, State of
California, according to the Official Plat thereof, more particularly described as follows:
COMMENCING at the Northwest corner of said Section 25, as shown on Record of
Survey No. 14943 recorded August 3, 1995 as File No. 1995-0336085 of Official
Records;
THENCE along the Westerly line of said Section 25, as shown on said Record of Survey
14943, South 00°09'13" West (record South 00°08'44" West per Record of Survey
14943) a distance of 1333.81 feet to a point on the Southerly line of said Northerly 668
feet of the South Three Quarters of the Northwest Quarter of said Section 25;
THENCE along said Southerly line South 89°21 '59" East, a distance of 630.15 feet;
THENCE North 00°38'01" East, a distance of 15.00 feet to the TRUE POINT OF
BEGINNING;
THENCE North 00°38'01" East, a distance of 653.00 feet to the Northerly line of the
Northerly 668 feet of the South Three Quarters of the Northwest Quarter of said Section
25;
THENCE along said Northerly line South 89°21'59" East, a distance of 15.00 feet:
THENCE South 00°38'01" West, a distance of 653.00 feet;
THENCE North 89°21 '59" West, a distance of 15.00 feet to the TRUE POINT OF
BEGINNING.
Said Parcel contains 0.23 Acres, more or less.
EXHIBIT-C1.docl2004
Rev. 4/September 24, 2004
8 EXHIBIT 0 8
THIS EXHIBIT IS TO BE A TTACHED TO THE LEGAL DESCRIPTION
IN . THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA
V / / / ~ = EASEMENT 150 35 PAGE '" OF "
0.23 AC. SCALE 1 = 100
~
N1/2 of THE NW1/4 of THE NW1/4
OF SEe 25" T13S" R4W
J-Lp~J\L
282~D73~24
NORTHWEST
CORNER SEC 25
T13S,R4W
PER R.O.S. 14943
N'LY LINE OF N'LY 668
FEET OF THE S3/4 OF
THE NW1/4 OF SEC. 25
S89"21 '59"E 15.00'
S'LY LINE OF N'LY
668 FEET OF THE
S3/4 OF THE NW1/4
OF SEC. 25
T.P.O.B.
NOO"38'01"E
15.00'
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W'LY LINE OF SEC 25
AS SHOWN ON R.O.S.
14943
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----
S89"21'59"E
630.15'
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VICINITY MAP
NO SCALE
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PROPOSED SEWER EASEMENT
FROM CITY OF ENCINITAS
TO
M & M DEVELOPMENT, LLC"
Date: 09-14-04 W.O. PM9003
EXH/B/T-DT.dwq