1996-593432Recording ~equested By:
*City of Encinitas
When Recorded Mail to=
City clerk
City of Enoinitas
505 South Vulcan Avenue
Encinitas, CA 92024
)SPACE ABOVE FOR RECORDER, S USE ONLY
AMD
SANTTARy SBWRR B~6BHBNT
Assessor's Parcel
No. 258-140-34
Project No.:~]~___
w.o. No.: ~m~/
Kenneth X. Baca and Anna M. Baca, Trustees .of the Baca Trust dated
May 31, 1985, hereinafter desig~ated 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 acrossthe
hereinafter described real property for the installation,
construction, maintenance, repair, replacement, reconstruction and
inspection of a STORM DRAIN PIPE and all structures incidental
thereto, and 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 and any other
obstruction interfering with 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-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 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 HERETOANDMADE A PART HEREOF BY
THIS REFERENCE,
cov4054 1
The GRANTORS ~ay,~ their own risk, use t~e~fa~e of the above
described real pretty in a manney that wzll~ot znterfere with
or be dgtri~ental to the use of said easement and right-of-way by
G~J~TEE, 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 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.
The Grantee 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
Anna M. Baca
19~
Kenneth X. Baca and Anna M.
Baca, Trustees of the Baca
Trust dated May 31. 1985
OWNER:
Signature of Owners to be notarized.
Attach the appropriate acknowledgements.
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 irrevocable Offer, Deed, Grant or
Subordination Agreement and consents to recordation thereof by its
A~an~b. Archibald
Director of Engineering Services
City of Encinitas
0ov4054 2
CAhlFORNIA ALL-PURPOSE ACKNOWLEDGMENT
2']129
personally appeared ]~/?~'7 ~/.~_~ ~/7~ ,~* ~~.~1~.~ .
Name(s) of SlgneKs)
[] personally known to me - OR - ~(~[~/ed to me on the basis of sati~tory evidence to be the person(s)
whose name(s) i~are~.~bscribed to the within instrument
and acknowled~Lt~ me that he/sh~)executed the
same in~j,~b,e~uthorized capacity(ies), and that by
his/he~gnatura(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.
OPTIONAL .....
Though the infornfatlon below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reaffachmenr 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:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
L3 Individual
[] Corporate Officer
Title(s):
LJ Partner-- LJ Limited L~ General
~ Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[71 Other:
Signer Is Representing:
Top of thumb here
Signer's Name:
LJ Individual
[] Corporate Officer
Title(s):
LI Partner -- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[LJ Guardian or Conservator
~1 Other:
Signer Is Representing:
Top of thumb here
-. LE~iAL
APN: 258-140-34
A PORTION OF THE NORTHEAST 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 SAN DIEGO, STATE OF
CALIFORRiA, LYING WITHIN LAND DESCRIBED IN GRANT DEED RECORDED 1993
AS 93-0129434 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LAND DESCRIBED IN SAID GRANT
DEED; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 00"44'22" EAST
179.51 FEET TO THE NORTHERLY LINE THEREOF; THENCE ALONG SAID
NORTHERLY LINE SOUTH 88"49'37# EAST 17.00 FEET; THENCE PARALLEL TO
AND 17.00 FEET EASTERLY OF SAID WESTE~J~Y LINE SOUTH 00044'22'' WEST
129.10 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 40°49'37" WEST
26.82 FEET TO A POINT ON A NON-TARGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 41.00 FEET TO WHICH POINT A RADIAL LINE BEARS
NORTH 40°49'37'' WEST; THENCE SOUTHERLY ALONG SAID CURVE T~ROUGH A
CENTRAL ANGLE OF 48000'00" AN ARC DISTANCE OF 34.35 FEET TO A POINT
ON THE SOUTHERLY LINE OF LAND PER SAID GRANT DEED; THENCE AJ~ONG
SAID SOUTHERLY LINE NORTH 88"49~37" WEST 24.00 FEET TOT HE POINT OF
BEGINNING.
HAVING AN AREA OF 4,020 SQUARE FEET.
EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF
THIS DESCRIPTION.
PREPARED BY:
LICENSE/D LAN~URVEYOR P.L.S.
/ 17' 17
3997
cov4054 3
EXHIBIT "B"
REQUEZA ~
, CAMiNO EL
DORADO
SE CDR. NE 1/~,
SEC. 15
NBg'sg'52'W
819.98'
UNE DIRECTiON DISTA'NCE
L1 S 88'49'57" E 24-~00'
[.2 , N, 40'~g'37~ w 26.82'
L3 N 00'44'22" E 129.10'
L4 N 88'49'.37' W 2D.~)-(~~
F~ORVE I RADIUS I LENGTH I DELTA '"'"l
c~ I ,4.0.0' J~ ~4.35' I '~'oo'oo'1
DENOTES
DRAINAGE & S~R
EASEMENT
4,0~0 ~.~.
.~~~~ DIMENSIONS SHO~ HEREON
~ENCINITAS BL~ ARE DERI~D ~ RECORD DATA
~(2) REQUEZA ST,
REGAL RD,
CI~ OF [NClNII~S
~ NARDO RD.
EASEM[NT PLAT
f~l BONITA DR, ,,,
~ ~:NI~ a~ A.P,NO.
I KEN.Em x, BACA ~ ANNA M. BACA
~UST
BACA
RTght-of-Way Engineering Services, Inc. 2~--1~ I mVS~ES, 5/31/85
L~na Su~y~ng
I
4167 Avenido de I~ Pleta Ste. 114 ..........