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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