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2004-917460 Fc, ¡ô? ~tJ I!l ¡) ~pi1 ¿/ 'If} /1, ) .ø'l WHEN RECORDED, PLEASE MAIL TO: ) ) ) ) ) ) ) ) City of Encinitas City Clerk 505 South Vulcan Avenue Encinitas, CA 92024 ~/ 16110 DOC # 2004-091 7460 11111111111111111 11111 11111111111111111111 11111 11111 111/111111 11111111 SEP 28, 2004 2:06 PM OFFICIAL RECORDS SAN DIECiO COUNTY RECORDER'S OFFICE GR~GORY J SMITH.. COUNTY RECORDER FEEo 36.00 OC: NA PAGES: 10 11111111111111111111111111111111111111111111111111111111111111111111111111 Space J. Easement 2004-0917460 Sewer Lines and Appurtenances Assessor's Parcel No: 261-073-03. 25 Project: PC 98-039 W.O. No. CS 350 City of Encinitas, hereinafter designated Grantor, for valuable consideration, does hereby GRANT and CONVEY to M&M Development, LLC, a California Limited Liability Company, a Sewer Easement, constituting solely the following: All the rights, privileges, covenants, obligations, conditions, and terms contained in the "Amended Grant of Easement and Declaration of Restrictions" according to Document No. d--VDt!JOO¡ I toqBj;corded on ~I' 215 (JODI} and on file in the office of the County Recorder, of the San Diego County, State of California. See Attachment "A" attached hereto and incorporated herein. Executed this ;2. 7 +" -~ö?~\-, \~ tt:i.J \~, (print name and title) day of Ser \:-e~b[C'~ 20 O~ By: J ( ~/ ~¿l_~ / I CS350 98-039 MI1579 SD County Sewer Manchester Drive CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT I I' State of \ lot \ \ ~ I I I I f I 1 I County of On before me, 11 (; oj¡ ILtxRhJP LJð Date Name and Trtle of Officer (e.g., . Jane Doe, Notary PubliC¡ personally appeared KfR¡(J 1 L. MILLEI2 ¡O¿)ß¿& I' Name(s) of Signer(s) O~aIlY known to me - OR - 0 proved to me on the basis o~actory evidence to be the person(s) whose name(~ subscrib~ the within instrument and ack~dged to me th~e/they executed the ~in~r/their authorized capacity(ies), and that by , - ~ ~ ,....................,.. ';. Iî"ïs/h r/their signature(s) on the instrument the person(s), t ~RA. ND.A. G.' MILLJOUR e entity upon behalf of which the person(s) acted, i Commll*" 11389205 < executed the instrument. 11'/ PublIc: . C8IIfomia .. DIttO eountr My lip. ... II Z007 WITNESS my hand and official seal. ~~tÚv ~~{I-UL OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Ca,pacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Top of thumb here 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: e @ 1995 National Notary Association' 8236 Remmet Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876.æ27 ~ ì. ATTACHMENT "A" RECORDING REQUESTED BY AND FOR THE BENEFIT OF THE CITY OF ENCINITAS PER GOVERNMENT COOE SECTION 27383 ----- --. _. 16712 City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, California 92024 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON SEP 28, 2004 DOCUMENT NUMBER 2004-0916985 GREGORY J. SMITH, COUNìY RECORDER SAN DIEGO COUNìY RECORDER'S OFFICE TIME: 12:41 PM WHEN RECORDED, PLEASE RETURN THIS INSTRUMENT TO: Copy to: County of San Diego Attn: Tom Harrington MS -0200 SPACE ABOVE FOR RECORDER'S USE ONLY 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.: TA5367 Parcel No.: 2001-o060-A1 THIS AMENDED GRANT OF EASEMENT AND DECLARATION OF RESTRICTIONS is executed this- day of ,2004, by the CITY OF ENCIN"lTAS, 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.docl2OO4 1 Rev. 6ISeptember 27,2004 . 16713 4. Encinitas Country Day School filed a lawsuit seeking, among other things, to confirm the existence of the sewer easement across the Manchester Property.. The lawsuit is Encinitas Country Day School, et aJ. v. City . of Encinitas, 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 shaH 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: d. R320Swar.docI2OO4 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). If the natural conditions on and/or along the sewer easement area are disturbed fot 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. 6ISeptember 27, 2004 ~ disturbed area to at least the condition that existed iml~a!11~fore the 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 immecüately 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 re~trictions 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 ? 57 J7'I- 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. dayof~.~~- ,2004. SAN DIEGO, GRANTOR, iv' . R320Swar .docI2OO4 3 Rev. 6ISeptember 27,2004 16'715 5T ATE OF CALIFORNIA } 55 COUNTY OF SAN DIEGO On .~P1 ,z?, 2Ø-/ , before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for said ounty and Staté, 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, AssessO~R/~er/county Clerk 2-;bL{) Deputy By: 6/2ði5ð/1/' ,6. ZðzJ¿é Name (typed or printed) CITY OF a Californ' By: L7,.,¿)' E V ,. rr é!e;- Title R32O5war.docI2OO4 4 Rev. 6ISeptember 27,2004 16716 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 comer of said South Half, being a point on the Southeasterly right of way of proposed Manchester Avenue; thence along said Southeasterly line South 51039'01" 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-o336-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 Califomia, 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. EXHIBIToA.dod2OO4 Rev. 4/September 24, 2004 \ 16717 EXHIBIT "B" 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.docl2OO4 . Rev. 4ISeptember 24, 2004 '. EXHIBIT "C" 16718 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 .docl2OO4 Rev. 4/Septernber24, 2004 , . EXHIBIT 0 ~ TH/S EXH/B/T /5 TO BE A TTACHED TO THE LEGAL DESCR/PTION /N THE C/TY OF ENC/N/TAS, COUNTY OF SAN D/EGO, STA TE OF CALIFORNIA / / / / À = EASEMENT 1"-)" 19 PAGE 1 OF 1 0.23 AC. {] , SCALE 1"= 100' P.O.C. N1/2 oF' THE NW1/4 OF' THE NW1/4 OF' BEe 26" 7138" R4W N'LY LINE OF N'LY 668 FEET OF THE 53/4 OF THE NW1/4 OF SEC. 25 A,p,N, 282~O73~24 NORTHWEST CORNER SEC 25 T 13 5, R 4 W PER R.O.S. 14943 S'LY LINE OF N'LY 668 FEET OF THE 53/4 OF THE NW1/4 OF SEC. 25 T.P.O.B. NOO'38'01"E 15.00' 8\1:) .C:> I') 1 ~ \1:) 1'-, C:> 1 ï;\¡ 'C ï;\¡ 589'21. '59"E 15.00' . ~ IX? I') I') I') ~ A POR7/oN OF' 7J-JE N'L Y BBB F'EE7 oF' THE B3/4 OF' THE NW1/4 OF' BEe 26" 7138" R4W A,P,N, 2B2~O73~23 !-~ 26 ;= ¡." W'LY LINE OF SEC 25 AS SHOWN ON R.O.S. 14943 ~ ---- S89'21'59"E 630.15' "'Í- a;¡} \ ~?ii M~ NO SCALE ~~<?- c,~~~~~ ~'i-~ ~(() ~N t: \.}O PROPOSED SEWER EASEMENT ON FROM CITY OF ENCINITAS TO M &- M DEVELOPMENT: LLC. Date: 09-14-04 W.O. PM900J £XH/B/T-D1.dwq