2002-710860Recording 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
4
Assessor's Parc~.~l ~.
No. 260-651-19,& 20
DOC. %002-0710860
AUG' 22, ~002 8:00
~FI~I~_ RE~
G~G~Y J. ~ITN, ~UNIY RE~R
FEEB:
OC:
2002-0710860
A~
SEWER EASEMENT
Project No.
W.O. No.
Hall Sewer
CARDIFF GLENN GROUP, LLC, A CALIFORNIA LIM,!,~,ED LIABILITY COMPANY
hereinafter designated Grantor(s, owner(s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby
GRANT and CONVEY to the City of Encinitas 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 ~ncidental 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 subject 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.
" 004260
GOVERlqMENT CODE SECTION 23281
i certify on behalf of the City Council of th~ 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 Grant of Easement for Public Sewer
Purposes, accepts the easement granted thereon, and consents to
the recordation thereof by its duly authorized officer.
Peter Cota-Robles, PE
Director of Engineering Services
004263.'
EXHIBIT 'A'
SEWER EASEMENT
THAT PORTION OF LOTS 19 AND 20 OF CITY OF ENCLNITAS TM 89-229 PER
MAP NO. 14006 RECORDED ON JULY 21, 2000, AS FILE NO. 2000-385420 IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER, IN THE STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF 8AID LOT 19, THENCE
SOUTHEASTERLY ALONG THE NORTHWESTERLY LOT LiNE OF SAID LOT 19,
SOUTH 50°53'32" WEST 177.03 FEET TO THeE NORTHWEST CORNER OF SAID
LOT 19, THENCE DEPARTING SAID LOT LINE, NORTH 90°00'00'' WEST 31.75
FEET TO A POINT ON THE WESTERLY LOT LINE OF SAID LOT 20, THENCE
ALONG SAID WESTERLY LINE SOUTH 00°00'05'' EAST 54.80 FEET TO A POINT
ON A CURVE CONCAVE SOUTHERLY TO WHICH A RADIAL LINE BEARS
NORTH 00000'05'' WEST, THENCE LEAVING SAID WESTERLY LINE AND
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 29°19'32"
HAVING A 'RADIUS OF 39.50 FEET A DISTANCE OF 20.'22 FEET TO A POINT ON
THE EASTERLY LINE OF SAID LOT 20, THENCE NORTHERLY ALONG SAID
LOT LINE NORTH 11°42'09" EAST 37.39 FEET, THENCE DEPARTING SAID LOT
LINE NORTH 50o53'32'' EAST 182.96 FEET TO THE EASTERLY LOT LINE OF
SAID LOT 19, THENCE NORTH ALONG SAID LOT LINE NORTH 00o37' 11" EAST
19.50 FEET TO THE POINT OF BEGINNING.
/BLAIR ALLEN KNOLL, P.L.S. 7376
DATE: AUGUST 6, 2002
004262
~~
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~ N~o'oo'o?'~:~:::~
S~: t"- ~o' ~ ~ ....
/
6~TY OF
ENClNITAS SEWER EASEMENT
004263
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 thc use of said easement and right-of-way by
Grantee, its successors and assigns, proyided 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 casement 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 20~n day of August, 2002.
OWNER:CARDIFF GLENN GROUP,LLC A CALIFORNIA LIMITED
Brandywine Development Corp.
Managing Member
By:
[Signature of OWNER must be notarized.
acknowledgement.]
Attach the appropriate
County of
· ~-~J,~-~ before
personally appeared ~7~I~M / ~ ~6 ~A~/,5 /~ ,
~ pemonally known to me - OR ~oved to me on the basis ~sfacto~ evidence to be the pe~son(S)
whose name(~m subscHb~ the within instrument
............. .. and a?k~edged to me tha~h~they executed the
i ~ 0~;~[;[~ ~ ~i~er~heir authorized capaci~(ies), a.d that by
3 ~ RANDA G, MIL~OUR s ~r/thsr signature(a) on the instrument the person(s),
~~A~ PUBLI~LI~RNI~ or the enti~ upon behalf of which the pemon(s) acted,
!~ ~'~ : executed the Instrument.
~ MY COMM. EXP. JAN. ~, ~ ~ '
...... "~ ' ...... ~--] WITNESS my hand and official seal.
OPTIONAL
Though the information below ta not required by law, it may preva valuable to persona rblylng on the document and Could prevent
Description of Attached Document
__Title.o_r T~Vpe of Document: ...~--Cc/~
Documeet Date: /~..~)&~5
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(les) Claimed by Signer(s)
Signer'sName:~-/F/fl.~'//'L~ ~,~ VJ~'~,~
Individual
~Corpomte Officer
Title(s):
~] Partner -- ~J Limited [] General
LI Affomey-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
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Signer's Name:
[] Individual
~] Corporate Officer
Title(s):
LLI Partner -- [] Limited ~ General
[] Attorney-in-Fact
[] Trustee
~] Guardian or Conservator
~1 Other:
Signer Is Representing:
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