2006-436101
~.
1f Recording Requested by:
~ Ci ty of Encini tas
~ When Recorded. Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the
e
DOC. 2006-0436101
11111111111111111 1111I111111111I1111111111111I111111 1111111111 11111111
v
)
)
)
)
)
)
)
)
)
JUN 20, 2006 3:32 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
t;\~
~,}~-1?~
\A... Assessor's Par.gel
ftl No. 256-340-34 AND PORTIONS OF
City
11111/1111111I 111I1111111I111I1111111I11111111111111I111I111111
~~ ~..,-.J;-
SEWER
EASEMENT
DOCUMENTARY TRANSFER TAX t d
~ ProJect ~6. S20
256-340-38,40 W.O. DES 520
'not ~ (04-059 CDP)
~M
SEACREST HOLDINGS CORPORATION
hereinafter designated Grantor (s). owner (s) of the here,inafter
described lands, for a valuable consideration, do (es) hereby
GRANT and CONVEY to the City of Encinitas, a Municipal
Corporation (Encinitas Sanitation District) 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
maintenance 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 subj ect to said
easement and right-of-way by this grant is situated in the County
of San Diego, State of California, and is particularly described
as follows:
See Exhibit "A" and Exhibit "B" attached hereto and made a part
hereof by this reference.
--
tit
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
heirs, successors and assigns, 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 installation
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
I 'I-~
day of
20~
OWNER:
By:
SEACREST HOLDINGS CORPORATION
PAM FERRIS - PRESIDENT / CEO
By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.)
e
e
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, INCLUDED IN THAT LAND DESCRIBED IN DEEDS TO SAN DIEGO
HEBREW HOME FOR THE AGED, RECORDED JULY 7,1987 AS FILE NO. 87-376757 AND
JULY 2, 1982 AS FILE NO. 82-207301 AND THAT LAND DESCRIBED IN DEED TO FRANCIS E.
MOJONNIER AND JOYCE F. MOJONNIER, RECORDED AUGUST 27,1982 AS FILE NO. 82-
266430, ALL OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, TOGETHER WITH
ALL OF PARCEL 1 AND A PORTION OF PARCEL 3 OF PARCEL MAP NO. 18693, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 4 2001
AS FILE NO. 2001-0282736, OFFICIAL RECORDS OF SAN DIEGO COUNTY, AS DESCRIBED
AS LOT 11N THAT CERTIFICATE OF COMPLIANCE RECORDED MARCH 28,2002 AS FILE
NO. 2002-0260530 OF OFFICIAL RECORDS, ALL DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 1 AS DESCRIBED
IN CERTIFICATE OF COMPLIANCE RECORDED MARCH 28, 2002 AS FILE NO. 2002-0260530,
SAID CORNER BEING THE INTERSECTION OF THE EASTERLY LINE OF SAXONY ROAD
AND THE NORTHERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID
EASTERLY LINE OF SAXONY ROAD SOUTH 1047'42" WEST A DISTANCE OF 23.98'; THENCE
CONTINUING ALONG SAID EASTERLY LINE OF SAXONY ROAD NORTH 89015'10" WEST A
DISTANCE OF 6.00'; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 1047'42"
WEST A DISTANCE OF 321.55' TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID EASTERLY LINE SOUTH 1047'42" WEST A DISTANCE OF 4.95'; THENCE
CONTINUING ALONG SAID EASTERLY LINE SOUTH 89020'49" EAST A DISTANCE OF 5.00';
THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 1047'42" WEST A DISTANCE
OF 10.05'; THENCE LEAVING SAID EASTERLY LINE OF SAXONY ROAD SOUTH 89020'49"
EAST A DISTANCE OF 569.64'; THENCE NORTH 00039'11" EAST A DISTANCE OF15.00';
THENCE NORTH 89020'49" WEST 574.35' TO THE EASTERLY LINE OF SAXONY ROAD AND
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.197 ACRES.
F:\ADMIN\343\LD1381.DOC
1
I
i
1
P.o,c'l
t:)!
~I
ct:1
)..,1
~j
~i:
I:R
,,..:
~I~
~I~
.. 1 ·
g~. ~
lti ~ I ;-..
lIJ :'" 1 ~
. "'-. 0
0'\ ~I -
~o.<I)
~ (;;1
o
~ I
.
EXJeIT "B"
S10 47 42. W 2J. 98'
N890 15' 10. W 6.00'
~
."
-
LOT 1 PER C..O..C..
RECORDED MARCH
28" 2002 AS FiLE
NO.. 2002--0280680
LOT 2 PER C..O..C..
RECORDED MARCH
28" 2002 AS FiLE
NO.. 2002--0280680
~I
~I
~i
. .
~I
;-..1
~'
o 1
-'
(1)1
i
i
i
i
i
i
i
.
40' KfDE ESMT TO THE COUNTY OF SAN
DIEGO FOR ROAD AND PUBUC UTlUTY AND
INCIDENTAL PURPOSES REC. DECEMBER J~
1986, FILE NO. 86-616159
g
~
SAXONY LANE
:cr: '
ESMT. TO THE CITY
OF ENClNITAS FOR
PUBUC HIGHWA Y,
REC. APRIL 14,
1988, FILE NO.
88-172860
15.00'
NOo J9' ". E 15.00'
t
LOT 1 PER C.. 0.. C..
RECORDED MARCH
28" 2002 AS FiLE
NO.. 2002--0280680
LEGEND
_~:~!i.~~I1.\:;':.i.t':!!...?i:,~ = INDICA TES SEWER EASEMENT
GRANTED TO ENClNITAS SANlTA TlON
DISTRICT - 0.197 AC
P.O.c. = POINT OF COMMENCEMENT
T.P.O.B. = TRUE POINT OF BEGINNING
ENClNITAS
SANITAllON DISTRICT
EASEMENT
A POR"ON OF LOT 1 AS DESCRIBED
IN CER"FlCA TE OF COMPUANCE
RECORDED MARCH 28, 2002 AS FILE
!
e
e
====== COGO
------
------
Wednesday June 14, 2006
9:05 AM
Coordinate File Name: 343CRD.MAP Lowest pt #:
Job # : 343 -04 -00
Description: SEACREST VILLAGE
# of chars. in point descr.: 40
o Highest pt #: 586
----------------------------------------------------------------------------
FROM TYPE
BEARING DISTANCE
TO
NORTHING
EASTING
----------------------------------------------------------------------------
LOT SUMMARY
15' SEWER EASEMENT GRANTED TO ENCINITAS SANITATION DISTRICT (3-4)
211 964697.105 244404.210
211 INV S 1-47-42 W 23.98 212 964673.137 244403.459
212 INV N 89-15-10 W 6.00 206 964673.215 244397.460
206 INV S 1-47-42 W 321.55 586 964351.823 244387.388
586 INV S 1-47-42 W 4.95 205 964346.876 244387.233
205 INV S 89-20-49 E 5.00 216 964346.819 244392.232
216 INV S 1-47-42 W 10.05 583 964336.774 244391.917
583 INV S 89-20-49 E 569.64 584 964330.281 244961.520
584 INV N 0-39-11 E 15.00 585 964345.280 244961.691
585 INV N 89-20-49 W 574.35 586 964351.826 244387.379
586 INV S 1-47-42 W 4.95 205 964346.879 244387.224
205 INV N 1-47-42 E 326.50 206 964673.219 244397.451
206 INV S 89-15-10 E 6.00 212 964673.140 244403.450
212 INV N 1-47-42 E 23.98 211 964697.109 244404.201
211 964697.105 244404.210
S 70-55-05 E 0.01 CLOSING LINE
1891.950 DISTANCE TRAVERSED
200761.864 PRECISION
AREA: 8563.99 Square Feet 0.1966 Acres
--------------------------------------------------------
Coordinates stored Wednesday June 14, 2006 9:05 AM
!
//
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
","~<<X'<<X'..c<'~..c1'..c<',(X,c<"'iX'<<X'm,(X,(X,(XAX.<x'~
e
e
7
-~
I
State of California
County of ~ dJ, ~
On 6/kf.!(),
Date
}ss.
personally appeared
, before me, .Jl:WAO ~ /. ~~
Name and Tille of Officer (e.g., 'Jane Doe, Notary Public')
p~ F~C
.1
.1
Name(s) of Signer(s)
o personally known to me
[)iIOproved to me on the basis of satisfactory
evidence
J~------~-~--~
JENNIFER I. BAUER
_@'commiSSlon#1381385z
i ... Notary Public - California!
San Diego County
MyCornm F.xpiresOct24.2006
to be the personM whose name~) is/~
subscribed to the within instrument and
acknowledged to me that,.Pe/she/iRey executed
the same in ,Pis/her/tAetr authorized
capacity(~), and that by .,b.i8Iher/tbetr
signature(*on the instrument the perso~, or
the entity upon behalf of which the perso~
acted, executed the instrument.
I
.1
Place Notary Seal Above
WITNESS my han and official seal.
~ '.-.-.-,
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document I
and could prevent fraudulent removal and reattachment of this form to another document. , I
-I
Description of Attached DocuJ1Ient
Title or Type of Document: ~~
~~/o&
~
Document Date:
Number of Pages:
(
Signer(s) Other Than Named Above:
Capaclty{les) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
RIGHT THUMBPRINT
m "IGNER
Top of thumb here
Signer Is Representing:
Cl1997 National Notary Association' 9350 De Solo Ave., P.O. Box 2402 . Chatsworth, CA 91313-2402
~ . ~ , - . -
.1
.;, -:);;
Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827