1996-593485Recording ReqUested By:
City of Encinitas
When Recorded Mail to:
city Clerk
City of Encinitae
505 South Vulcan Avenue
Encinitas, CA 92024
22-HOU ).996 01 31 Pr[
~SPACE ABOVE FOR RECORDER's USE ONLY
Assessor's Parcel
Project No.:_~
.................... -w';o'.'"~'6":'i--X~ F~-/ "
Donald W. Breihan and Louticia L. Brsihan, Trustees of the Breihan
Family Trust dated October 22, 1990, as an undivided 1/3 interest
and Donald C. Breihan and Carolyn A. Breihan, Trustees of the
Breihan Family Trust dated December 11, 1989, as to an undivided
1/3 interest and Velimir Petakovich and Ljubinka Petakovich, Co-
Trustees, or their named Successor Trustees, of that certain
Revocable Trust Agreement executed October 26, 1993 ~y Velimir
Petakovich and Ljubinka Petakovich, for the benefit of the
Petekovich Family, as to an undivided 1/3 interest, 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, 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 buildlng~, str~ceu~e~ t~ee~;
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 HERETO ANDMADE A PART HEREOF BY
THIS REFERENCE,
COV4054 i
described real pretty in s manner that I 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 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 ..pro~ea*ty ..here~n
described, subject to the conditions above stated; and the Grantee
hereby covenants and agrees that after the installation of any pi~e
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
Donald W. Breihan and Louticia
L. Breihan, Trustees of the
Breihan Family Trust dated
October 22, 1990, as an
undivided 1/3 interest and
Donald C. Breihan and Carolyn'A.
Breihan, Trustees of the Breihan
Family Trust dated Decea~ber11,
1989, as to an undivided 1/3
inter=at and Vatimir~atakovioh
and Ljubinka Petakovich,
Co-Trustees, or their named
Successor Trustees, of that
certain Revocable Trust
Agreement executed October 26,
1993 by Velimir Petakovich and
Ljubinka Petakovich, for the
benefit of the Petakovich
Family, as to an undivided 1/3
interest
Louticia L. Br~ihan
OWNER:
Velimir Petakovich
0ov4054
164
Icertify on behalf of the City Council of the City of Enoinitas,
pursuant to authority conferred by Resolution of said Council
adopted on November 9, 1994 that the City of En¢initas consents to
the making of the foregoing Irrevocable Offer, Deed, Grant or
Subordination Agreement and conseDts to recordation thereof by its
duly authorized officer. /~ ~ ~ ~ ~ ~
/ Alan D. Archibald
~ Director of Engineering services
City of Encinitas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~o. ~
NDIVIOUAL
p. ona,,y.pp.ar.d O RPORATEOE .OER(S,
NAME(S) OF ~IGNER(S) TITLe(S)
[] personally known to me - OR - ~proved to me on the basis of satisfamo~ evidence
PARTNER(S)
LIMITED
( to be the person(s) whose name(s) is/are ~ GENERAL
subscribed to the within instrument and ac- D A~ORNEY-IN-FACT
knowledged to me that he/she/they executed ~ TRUSTEE(B)
the same in his/her/their authorized ~GUARDIAN/CONSERVATOR
, capacity(ies), and that by his/her/their ~ OTHER:
· ignature(s) on the instrument the pemon(s).
or the entity upon behalf of which the
pemon(s) acted, ex~ut~ the instrument.
~ SIGNER IS REPRESEmlN6:
O~IONAL SECTIO-- .
THISCERTIFIOAT~UUSTaEZ~A~HEOTO TITLE OR ~PE OF OOCUMENT '~~ ~~ ~ ~h
THE D~UMENT DESCRIBED AT RIGHT: ~ ~ ,,j~ ~.~ [~~
~-- NUMBER OF PAGES ~ DATE OF DOCUMENT~'~Y~ ---'- ~ , ,
It could prevent f~a~dulent ~eaffae~ment of t~i~ ~o~. SIGNER(S) OTHER THAN NAMED ABOVE ~ ~
cov4054 3
, C .~. LIFORNIA ALL-PURPO ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO-
before me,
D,A. BENWAY
personally known to me - OR -~proved to me on the basis of satisfacto~ evidence
to be the person(s) whose name(s) ~/are
subscribed to the within instrument and ac-
knowledged to me that ~e~hey executed
the same in ~r/their authorized
.c~pacity(~es), ~nd that.by ~r/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument,
' OPTIONAL ,,,,
Though the data below is not mcluired by law, it may prove valuable to persons relying on the document anci Coutci prevent
frau,~uient reattecnment of this form.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
[] PARTNER(S) [] LIMITED
[] GENERAL
[] AI'TORNEY-IN-FACT
[] TRUSTEE(S)
[] GUARDIAN/CONSERVATOR
[] OTHER:
SIGNER IS REPRESENTING:
DESCRIPTION OF ATTACHED DOCUMENT
T~TLE OK.Tt'PE OF DOCUMENT
NUMBER OF PAGES
~1993 NATIONA{. NOT,~RY ASSOCIATION ~ J~,;~, RemmM Ave. P 0 8ex 7184 * Cane~a Park. CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ p~onallg ~own to m~ -0~ -~provoO to m~ on tho ~a~i~ of ~a/l~fa~o~ ~vid~ne~ to
whoso nam~(~)~am ~u~eri~od to tho within in~lmm~nt
and ackno~l~d~ to mo that ~tho~ ~x~ect~
same in ~heir authoflz~ ~pacl~(ios), and that by
~heir signature(s) on the instrument the pe~n(s),
or the entity upon behalf of which the person(s) acted,
executed I ~trument.
. WIT~S~ ny~n~ and ~cial ~,al.
..... OPrlO~t
~ ~e i~fo~ ~w ~ ~t ~uir~ by law, It ~y pm~ va/ua~ ~ perone m/~ ~ ~e ~u~nt
fra~l~t r~val a~ ~nt of ~ ~ to another
Description of Attached Document
Title or Type of Document:
Document Date: ~i~0 14.{2 Number of Pages:
Signer(s) other Than Named Above: V~] iyYl, iK' ?'~ ~)V;~_~ ~f'~,~-~
Capec,ty(ies) Clalm~ by ~n~r(s)
Signer's Name:
[] individual
[] Corporate Officer
'~tle(s):
[] Partner -- [] Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top of thumb here
Signer's Name:
[] Individual
[] Corporate Officer
Title(s):
[] Partner -- [] Limited [] General
[] Attorney-in-Fact
[:3 Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
Top ot thumb here
BEHIBIT
LE~., DESCR?PTION
APN: 258-140-48
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15t TOWNSHIP 13 SOUTHt RA/~GE 4 WEST OF THE SAN BERNARDINO
MERIDIAN, IN THE CITY OF ENCiNITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, LYING WITHIN PARCEL ONE OF PARCEL MAP 2430 RECORDED
MARCH 8, 1974 AS FILE NO. 74-059151 OF OFFICIAL RECORDS OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
A?3. THAT PORTION OF SAID PARCEL i LYING WESTERLY OF A LINE
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINEOF SAID PARCEL
i AND A LINE 20.00 FOOT EASTERLYAND PARALLEL TO THE WESTERLy LINE
THEREOF; THENCE ALONG SAID PARA/~LEL LINE NORTH OO°44'22"EAST 344.67
FEET; THENCE LEAVING SAID LINE NURTH 40°07~54" EAST ],5.46 FEET, THE
NORTHERLY LINE OF SAID PARCEL 1 ALSO BEING THE SOUTHERLY RIGHT-OF-
WAY OF ENCINITAS BOULEVARD PER SAID MAP AND POINT OF TERMINUS,
HAVING AN AREA OF 7,098 SQUARE FEET.
EXHIBIT "B" BEING A PLAT ATTACHED HERETO AND MADE A PART HEREOF
THIS DESCRIPTION.
PREPARED BY:
DATE: /zl/zl C
COV4054 4
EXHIBIT "B"
c.3AC\~\TAS BOULEVARD 85'~9',4"20.8~., E
i )
15.46'
A = 07'44'44"
Cl R -~ 749.00'
L = 101.25'
~ENCINITAS
.2) REQUEZA ST,
~- MEI_BA RD.
4~SANTA F'E OR.
~- REOAL RI:).
6~) NARDO RD.
--BRACERO RD.
.~) BONITA DR.
~--CAMINO EL DORADO
[~ICAMINO DE ORCHIOIA VICINITY MAP
- 120.60'
~. N88'49'37,~
~ N 88'49 57 W.
/ CAMINO EL~ f~ DORADO
//$W COR. NE1/4 tr't
NE1/4 sEC. 15 .,'--
REQUEZA
STREET
DIMENSIONS SHOWN HEREON
ARE DERIVED FROM RECORD DATA
Right-of-Way Engineering Services, Inc,
Lanai Surve~ng
4167 Avenlda de la Plata Ste. 114
Oceanaide Ca, 92056 (619~ 732-1366 BREIHAN.DWG
DENO3ES
SE'M:'R & DRAINAGE
EASEMENT
7,098 SQ. FT.
~ ~ SE COR. NE g
~ 0 sec. 15 1/, ,,<,
· NSg'39'52"W
,.~'-/ 819,98' ~
CITY OF ENCINITAS
EASEMENT PLAT
A.P.NO. VESTING:
BRIEHAN FAMILY TRusT 10/22/90
258-140-48 BRiEHAN FAMILY TRUST 12/11/89
PETAKOVlCH FAMILY TRUST 10/26/9,3
DRAWN; MJG DA3E:: 12/06/95 ~ SHEET: 1 OF 1
I