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1996-593422 Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 FOR THE BENEFIT OF THE CITY 2056 # 1996-059 422 22-HOU-1~9& O1 ~ 16 OFFtCI~L RECOROS S~l OIEGO COLIIITY RLq:OROER'S OFFICE b'R~ORY ~ITH, COUNTY RECORDER FEE9 O. 1SPACE ABOVE FOR RECORD~R'S US~ ONLY D~t~X~GE Assessor's Parcel No. 258-140-08 Project No.:PADROZ W.O. No.: ~,~ q3-/ Mikhiro Ando and Soon J. Shin, hereinafter designated GRANTOR(S), do(es) hereby grant, bargain, convey and release unto the CITY OF ENCINITAS, herein designated GRANTEE, its successors and assigns, a perpetual easement and right-of-way upon, through, under over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of a STORM DRAIN PIPE and all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth and any other obstruction interferingwith the use of said easement and right-of-way by the GRANTEE, its successors or assigns. To have and to hold said easement and right-of-wayunto 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 hereinabove and made subject to said easement and right-of-way by this grant is situated in the city of 'Encinitas, County of San Diego, State of California, and is particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO ANDMADE A PART HEREOF BY THIS REFERENCE, .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 G~ANTEE, 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 easgment and right-of-way any building or structure of any nature or kind that will interefere with the use of said easement and right-of-way by Grantee, its successors or assigns, or that will interefere with the ingress or egress along said easement by said Grantee, its successors or assigns. TheGrantee hereby covenants and agrees for itself, its successors and assigns, not to prevent the Grantors, their successors and 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 herin 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. Dated this /~ day of /~ , 19 ge-- Mlkhi~ro Ando~' /Soo~ J. - Shin Mikhiro Ando and Soon J. OWNER: Shin Signature of Owner? to be notarized. Attach the appropriate acknowledgements. I certify on behalf of the City Council of the City of Encinitae, 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 Irrevocable Offer, Deed, Grant or Subordination Agreement and cone~ts to recordation thereof by its duly authorized officer. ~ ~ ~ . ~ ~ ~ ~ '~ '[ ' . Alan D. Archibald Director of Engineering Services City of Encinitas cov4054 2' · CALII~ORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of (~/./;-~r-~Y,~ County of J-~5 On ~~ /~ /~before me, DATE personally appeared 2058 p NAME(S) OF SIGNER(S) [] personally known to me - OR - roved to me on the basis of satisfactory evidence to be the person(s) whose name(-s~ is/ar~ subscribed to the within instrument and ac- knowledged to me that~c/she/fl'~-executed the same in -h!s/her/t-hefr- authorized capacity(4es-), and that by-his/her/thclr signature(e) 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. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER ~INDIVIDUAL [] CORPORATE OFFICER TITLE{S) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-rORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE O~TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SiGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box7184 CanogaPark, CA 91309-7184 EIIIiIBIT "A" LE(~AL DESCRIPTION 2059 APN: 258-140-08 A PORTION OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SANDIEGO, STATE OF CALIFORNIA. SAID PORTION LIES WITHIN LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 17, 1990 AS DOCUMENT NO. 90-670099 OF OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: THE NORTHERLY 10.00 FEET OF THE EASTERLY 100.00 FEET OF THAT LAND DESCRIBED IN SAID DOCUMENT NO. 90-670099 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE EASTERLY 30.00 FEET THEREOF. HAVING AN AREA OF 700 SQUARE FEET. EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF THIS DESCRIPTION. PREPARED BY: P.L.S. 3997 DATE: /f~//,-~/ ~ ~- No. 3997 cov4054 3 SCALE 1"=100' EXHIBIT "B" 2060 o OECJ 1,5 ~ T-Jz~ 0 ---f 30'.--"-{' ~'- 258~140~0g ~,~,M~ SE. COR. NE 1/4 SEC. 15 ~ / POINT OF [ N 89',9'52' W CO~E. CEU..T R OUEZA S~EET DENO~S DRAINAGE EASEMENT EASEMENT AREA 7~ SQ. ~. E~p. 6/'30/96 BLVD. ON REQUEZA (~)ST. A DATA MELBA RD. SANTA FE DR. REGAL RD. CITY NARDO RD. I MAP BRACERO RD. BONITA DR. CAMINO EL DORADO CAMINO DE ORCHIDIA ASSESSOR'S PARCEL NO. VESTING: Right-of-Way Engineering Services, Inc. Land Surveying 4167 AVENIDA DE LA PLATA, SUITE 114, OCEANSIDE, CA. 92056 (619) 732-1366 ACAD FNAME:SHIN.DWG EASEMENT PLAT 258-140-08 MIKIHIRO ANDO & 258-140-09 SOON J. SHIN DRAWN: MJG J DATE: 10/12/95 J SHEET: 1 Of I