2002-835197RECORDING REQUESTED BY'AND FOR THE BE'R'EFIT OF THE
CITY OF ENCINITAS PER GOVERNMENT CODE SECTION 27383
WHEN RECORDED, PLEASE RETURN
THIS INSTRUMENT TO:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, California 92024
DOC 2002-08351.g7
SEP 27, 2002 5:40 PH
OFFICIAL REOORI)8
~ I)IEGO COUNTY REOORER'8 OFFICE
GREGORY ,]. ~MITH, COIJ~TY RECORI)EI~
FEES: 0.00
OC: N~
2002-0835197
SPACE ABOVE FOR RECORDER'S USE ONLY
GRANT OF EASEMENT
AND DECLARATION OF RESTRICTIONS
NO TRANSFER TAX DUE
Assessor's Parcel
No.: 262-073-03
Project: ENCINITAS BALLFIELDS
W.A. No.: TA5367
Parcel No.: 2001-0060-A
THIS GRANT OF EASEMENT AND DECLARATION OF RESTRICTIONS is executed this ;Z~-?~ day of
~¢_.PT~n'-~%~:3~, ,2002, by the CITY OF ENCINITAS, a California municipal corporation (City), and
the COUNTY OF SAN DIEGO, a political subdivision of the State of California (County) and is made with reference
to the following facts:
RECITALS
1. City owns certain real property located in the City of Encinitas more particularly described in
Exhibit A attached hereto and herein after referred to as the Manchester Property. The property is approximately
18.9 acres in size and is undeveloped.
2. The Manchester Property is located immediately south of property at 3616 Manchester Avenue in
the City more particularly described in Exhibit B attached hereto and hereinafter referred to as the Porterfield
Property.
3. The City approved a project known as the Encinitas Country Day School (Case No. 98-039
MUP/DR/CDP) to be located on the Porterfield Property. The Encinitas Country Day School claims that it has a
sewer easement running north/south across roughly the middle of the Manchester Property. The City denies that
such a sewer easement exists and asserts that it did not grant or approve such an easement.
4. Encinitas Country Day School filed a lawsuit seeking, among other things, to confirm the existence
of the sewer easement across the Manchester Property. The lawsuit is Encinitas Country Day School, et al. v. City
of Encinitas, Superior Court No. 778319.
R3205war.doc/2002 Rev. 5/September 10, 2002
021 . S3 =oo -oo6o-A
5. The County is willi~ to purchase the Manchester Property ~rom the City, but only if the
establishment and use of the sewer easement are restricted. The purpose of this document is to describe the
restrictions on the establishment and use of the sewer easement on the Manchester Property.
The County hereby grants the following rights to the City:
1. The County hereby grants to the City a non-exclusive easement in gross for a subsurface
sewer pipe on the alignment described in Exhibit C and shown on Exhibit D attached hereto.
2. The grant of this sewer easement is subject to the following conditions regarding
conveyance by the City:
a. This grant is for a one-time conveyance of the sewer easement by the City to the
Encinitas Country Day School solely to provide sewer service to the Encinitas Country Day School (City's Case
No. 98-039 MUP/DR/CDP) located at 3616 Manchester Avenue immediately north of the Manchester Property.
The City may convey the easement in its sole discretion, but the conveyance shall be subject to all of the
conditions specified herein.
b. If in its discretion the City conveys the sewer easement for use by the Encinitas
Country Day School as described in paragraph 2a above, the easement shall become effective only upon the
City's issuing a grading permit or a building permit for the Encinitas Country Day School (City's Case No. 98-039
MUP/DR/CDP) within five years of the effective date of the Purchase and Sale Agreement and Joint Escrow
Instructions to which this Grant of Easement is attached.
c. The City shall convey the sewer easement only if the owners of the Porterfield
Property convey to the County all of their right, title and interest in the sewer easement granted to Paul Mavis and
Geoffrey Mavis for an underground sewer pipe on the Manchester Property. This easement was recorded on
November 18, 1983 as File No. 83-420873 of Official Records.
d. The City shall convey the sewer easement only if the Encinitas Country Day
School or Kathleen Porterfield first posts $37,500 in security with the County in a form acceptable to the County.
The security shall secure the obligation to restore any disturbance of the natural conditions on and along the
easement. This condition shall not apply if the County confirms in writing to the City that the sewer line was
installed in the sewer easement before the County Water Authority began constructing wetlands on the
Manchester Property.
3. The grant of this sewer easement is subject to the following conditions regarding the use
of the sewer easement:
a. No manholes may be installed in the easement.
b. The surface of the easement may not be graded, paved or otherwise improved.
The sewer pipe installed in the easement must be buried at least 10 feet below
the surface graded.
d. If the natural conditions on and/or along the sewer easement are disturbed for any
reason related to the installation or use of the sewer pipe or access to the easement or sewer pipe, the entire
disturbed area shall promptly be revegetated and restored so that it is returned to a condition at least as good as
the natural condition that existed when the area was disturbed.
4. The grant of this sewer easement is subject to the following condition regarding
termination of the easement:
a. If the City conveys the sewer easement and it becomes effective according to the
conditions specified above, but the Encinitas Country Day School is not constructed or the school project is
otherwise abandoned, the sewer easement terminates.
R3205war.doc/2002 Rev. 3/September 10, 2002
Dated this
13th
' 0214S4
d~ of ~eptember
2002.
2001-0060-A
COUNTY OF SAN DIEGO, GRANTOR,
a political subdivision of the State of California
~.' RONALD HICKS, Direc%r ' -
Department of General Services
STATE OF CALIFORNIA '~. SS
COUNTY OF SAN DIEGO
On September 13, 2002 , before me, GREGORY J. SMITH, AssessodRecordedCounty Clerk in and for
said County and State, personally appeared C. RONALD HICKS, Director, Department of General Services
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies) (Pursuant to Ordinance No. 7206 adopted September 23, 1986), and that by
his/her/their signature(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.
GREGORY J. SMITH, Assessor/RecordedCounty Clerk
Deputy
LEWIS L. FARIAS
Name (typed or printed)
CITY OF ENCINIT~AS, GR.~,NTEE,
a California Muni.efpal C. ef. porati~.n
Title
R3205war. docJ2002 Rev. 3/September 10, 2002
021455
EXHIBIT "A"
LEGAL DESCRIPTION OF THE MANCHESTER PROPERTY
Parcel No. 2001-0060-A (04-11-2001 ) (WAR:BTH:rlk)
The Northerly 668.00 feet of the South Three-Quarters of the Northwest Quarter of Section 25,
Township 13 South, Range 4 West, San Bemardino Base and Meridian, in the County of San
Diego, State of California, according to Official Plat thereof.
EXCEPTING THEREFROM that portion lying Southeasterly of a line described as follows:
BEGINNING at a point on the North line of the South Half of the Northeast Quarter of the
Northwest Quarter, distant thereon 725.18 feet from the Northeast comer of said South Half,
being a point on the Southeasterly right of way of proposed Manchester Avenue; thence along
said Southeasterly line South 51°39'01" West to the West line of Section 25.
ALSO EXCEPTING that portion described in Deed to the County of San Diego recorded July 7,
1978 as File No. 78-283319 of Official Records, set out as follows:
PARCEL NO. 77-0336-A
All that portion of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of
Section 25, Township 13 South, Range 4 West, San Bemardino Base and Meridian, in the
Ccunty of San Diego, State of California, described in Deed to Frances IVi. Brewer, recorded
February 6, 1976 as File No. 76-037272 of Official Records in the Office of the County Recorder
of San Diego County.
PARCEL NO. 77-0731-A
All that portion of the Northerly 668.00 feet of the South Three-Quarters of the Northwest Quarter
of Section 25, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California, described in Deed to Frances M. Brewer, recorded
February 6, 1976 as File No. 76-037272 of Official Records in the Office of the County Recorder
of San Diego County, lying Southeasterly of the Northwesterly line of that portion thereof
described in Deed to Berman Swartz, recorded April 6, 1972 as File No. 84954 in said Recorder's
Office.
P2699waf doc/2001--1 4 Rev. 2/June 28. 2002
'\
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JOHN J. SANSONE
COUNTY COUNSEL
ctountl' of 6a:n 13ft-go
OFFICE OF COUNTY COUNSEL
RALPH E. SHAlIWELL
C. ELLEN PILSECKER
GEORGE W. IIREWS1'ER JR.
WILLIAM A. JOtlNICIN. JR.
WILLIAM W. TAYLOR
STEPHEN R. MAGRUDER
MOIIRII G. HILL
ELLEN R.1lICIW!I.S
WILLIAM DIAN lIMITH
MIRIAM E. BREWSTER
CLAIIDIA ANZUREs
RICKY R.IIANCHEZ
ANDRaWI'REIMAN
TERENCE G. DUTTON
JOHN A. PARDEE
DEBORNlA. McCARTHY
TlMOTHY M. IlARRT
WILLIAM L. PETTINGILL
LAUREL q; TOBAR
JANICE INGOLD LAU
ENGLISH R. BRYANT
LAIlIIlE4. ORANGE
THOMAS E. MONTGOMERY
ASSISTANT COUNTY COUNSEL
NATHAN C. NORTHUP
VALERIE TEHAN
THOMAS J. HARRON
CHIEF DEPUTIES
COUNTY ADMINISTRATION CENTER
1800 PACIFIC HIGHWAY, ROOM 355
SAN DIEGO, CALIFORNIA 92101-2489
(819) 531-4860 FAX (819) 531-8005
September 17, 2004
Glenn Sabine
City Attorney
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
)~
~~~
Re: Manchester Property Sewer Easement
Dear Mr. Sabine:
Pursuant to our telephone conversations on August 24, 2004, this letter agreement
memorializes the changes that the City of Encinitas and the County agree to make with
respect to the sewer easement on the Manchester Property and how the City and County
agree to proceed. The Manchester Property is APN 262-073-03 and -25.
1. New sewer easements. The County will grant the City an easement on the
existing sewer line located along the south property line and the sewer line
located along the west property line.
2. Amend recorded easement. The sewer easement the County granted to the
City and that was recorded on September 27,2002, will be amended
consistent with the changes described in your letter to me dated September
16, 2004, and attached hereto. This amendment will make the sewer
easement consistent with the fmal version of the sewer easement that the
parties agreed to irl>2002, except for the following changes:
DEPUTIES
JUDITH A. McDONOUGH
MARK C. MEAD
CHERYL K. TUCKER
PAUL J. MEHNERT
WILLIAM H. SONGER
DEIRDRE McGRATH'
L. EARL UGDN
RODNEY F. LORANG
JAMII R. O'DAY .
DENNIS FLOYD
,,,,EUOT ALAZRAKI
". LISA MACCHIONE
DAVID J. SMITH
THOIIAS D. BUNTDN
LEONARD W. POLLARD II
KEVIN Go KENNEDY
DAVID G. AXTIIANN
STEPHNIlIi IOIH
THOMAS DEAK
MAlIA W. ELLIOTT
ALEC S. BEYER
THOMAS L. BOSWORTH
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Glenn Sabine
-2-
September 17,2004
a. Paragraph 2d regarding the provision of $37,500 in security has been
deleted.
b. Paragraphs 3b, c, d, and e have been revised. With respect to revised
paragraph 3c, please note that the County is relying on the City to
determine that a sewer pipe buried at least seven feet below the wetlands
will function properly.
3. Type of pipe. To protect the wetlands, the City will require the sewer pipe
that will be installed in the sewer easement to be C-900 pipe. The City will
include this requirement in the sewer permit to be issued for the Encinitas
Country Day School.
4. No expansion of school. You will write a letter to the County stating that the
City intends the amended sewer easement that the County grants to the .city
to be used only for the Encinitas Country Day School project of the
size/square footage approved in City Case No. 98-039 MUP/DR/CDP (432
stud,ents and 42,144 square feet). The easement would not serve any
expansion of the school.
We also agreed to the following procedure: the County will revise the sewer
easement deed as "described above and will include the following title on the amended
deed:
"AMENDED GRANT OF EASEMENT
AND DECLARATION OFRESTRlCTIONS
The parties intend this amended easement to replace
the Grant of Easement and Declaration of Restrictions
recorded on September 27,2002 as Document
No. 2002-0835197."
Additionally, the City will allow the County to review the sewer permit for the
Encinitas Country Day School before the City issues the permit.
e
. Glenn Sabine
-3-
--
September 17, 2004
Please have the appropriate person sign this letter in the space below indicating
that the City agrees with the contents of the letter. I will send you a fully executed copy.
If you have any questions about this matter, please call me at 619-531-4891.
Very truly yours,
JqHN J. SANSONE, County Counsel
By
~~~
. MARK C. MEAD, Senior Deputy
MCM:ls
04-00800
This letter accurately describes the changes the parties agree to make with respect
to the sewer easement on the Manchester Property and how the parties will proceed.
B.
By:
{\t
9/o/Gt
COUNTY OF SAN DIEGO
000 Kross, Deputy Director
of General Services
BY:~.~
enee Bahl, Director of
Parks and Recreation
fY1r;,vjer
Title
Sep-16-2004 17:00
From-RI SK MGT ENe.
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17609432240 ~
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VIA F ACSIMIL:q AND US MAIL
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September 16, 2004
Mark Mead
Senior Deputy
Office of County Counsel
160.0 Pacific Hightay, Room 355
San Diego, CA 92~Ol-2488
,
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Re: Manchester Property Sewer Easement
Dear Mr. Mead:
,
,
I .
As we reoently discussed, this letter identifies the City's
proposed amendments to the "Grant of Easement and Declaration
of Restrictions" recorded in the County Recorder's Office on
September 27, 2002:(DocumentNo. 2002-0835197) (the "Sewer
Easement"). The proposed amendments parallel the language of
the "unrecorded" ve~sion of the Sewer Easement and clarify the
parti.es desire to eliminate any berm: on the surface area (allowing
the County to use the entire surface of the Sewer Easement area for
"wetlands) .
Sep-16-2004 17:00
From-RISK MGT EN~S
17609432240 _ T -699 P, 0021005 f-1' r
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Specifi~a1l1' the proposed amendments are as foIIows:
1. Paragraph 11 ofth~ recitals should be amended to read:
"County owns certain real property located in the City ofEncinitas
more particularly idescribed in Exhibit A attached hereto and
hereinafter referred to as the Manchester Property. The .
Manchester Propdrty is approximately 18.9 acres in size and is
undeveloped. "
2. Paragraph 2 bfthe recitals should be amended to read: "The
Manchester Property is located immediately south ofproperty at
3616 Manchester .4\.venue in the City. The property at 3616
Manchester Avemie is hereinafter referred to as the Mavis Property
and is more particlparly described in ExhibitB attached hereto.)'
I .
3. Paragraph 3 of the recitals should be amended to read: "The
City approved a prq:.ject known as the Encinitas Country Day
School (Case No. 98-039 MUP/DRlCDP) to be located on the
Mavis Property. The Encinitas Country Day School claims that it
has a sewer easement running north/south across roughly the
middle of the Manchester Property. The City denies that Such a
sewer easement exists and asserts that it did not grant or approve
such an easement." I
4. Paragraph 5 of the recitals shOUld be amended to read: "The
City offered to sell the Manchester Property to the County, and the
County is willing to iPurchase the Manchester Property from the
City subject to certajn conditions and restrictions pertaining to the
establishment and use of the seWer easement. The purpose of this
I
document is to describe the conditions and restrictions on the
establishment and us/, of a new sewer easement on the Manchester
Property. . !
.
From-RISK MGT EN~~
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17609432240 _ T-699 P. 003/005 H' c
Sep-16-2004 17:00
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5. Paragraph ~ of the grant of rights should be amended to read:
"The County hereby grants to the City a 15 foot wide nonexclusive
easement in gros~ for a subsurface sewer pipe on the alignment .
described in Exhipit C and shown on Exhibit D attached hereto. "
,
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6. The second sentence of Paragraph 2( a) of the grant of rights
should be amendeid to read: "The City mayor may not convey the
I
easement in its so1e discretion, but the conveyance shall be subject
to all of the conditions and restrictions specified herein. " .
,
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7. Paragraph 2qd) of the grant of rights should be deleted. .
,
8. Paragraph 3 of the grant of rights should be amended to read:
'(The grant of this subsurface seWer easement is subject to the
fOllowing conditions and restrictions regarding the use of the seWer
. .
easer.nent: '
I
a. No manholes may be installed within the easement boundaries.
b. The surface are!! of the easement may not be paved or otherwise
improved except dUring the creatiOn of the wetlands by the County
Water Authority. i
I
c. The surface of the easement area shall not be bermed. To
eliminate the neces1lity of any berm, the subsurface sewer pipe
installed in the easement area must be buried to a depth of at least
seven (7) feet belo~ the finished wetlands grade as established and
installed pursuant t'1 the San Diego County Water Authority
Grading Plan for: Wetlands Creation for Manchester Site
(Encinitas drawing :No. 1579-G approved on 5-4,-04 and as
amended by San Di~go County Water Authority Revised Project
Grades Information Plot dated 8-17-04.
"
.
FfCffi-RISK MGT EN~S
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17609432240 ~
T-699 P.004/005 ~-1'0
Sap-16-2004 17:00
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d. If the natural qonditions on and/or along the sewer easement
area are disturbeil for any reason related to the installation, use or
maintenance of ~e sewer pipe or access to the easement or sewer
pipe, Encinitas CQUDtry Day School, or its Successor in interest,
shall take prompt ~ction to revegetate and restore the entire
disturbed area to at least the condition that existed immediately
before the area was disturbed. If Encinitas County Day School, or
its successor in in~erest, after written notice, fails to take prompt
remedial action, the County, in its sole discretion, may revegetate
and restore the disturbed area. If the County does so, Encinitas
Country Day SCholol, or its Successor in inte, rest, shall promptly
indemnify the Co$ty for all of the costs and expenses the County
incurs to revegetate' and restore the disturbed area to the condition
that existed immeqiatel y before the area was disturbed.
e. Encinitas Coun1jy Day School has submitted plans to the City
regarding its planned sewer, and those plans have been reviewed
and approved by ~ City. A sewer permit will be issued by the
City consistent wi~ that approval. The County has reviewed the
sewer permit and c?nfnms that it is consistent with the conditions
and restrictions c014tained herein. Encinitas Country Day School
agrees that it shall conlply with the conditions and restrictions
imposed pursuant t~ the sewer permit issued by the City."
9. Paragraph 4(a) orfthe grant of rights should be amended to read:
"If the City conveys the sewer easement and it becomes effective
according to the co:q.ditions specified above, hut the Encinitas
Country Day School is not issued a Certificate of Occupancy
within five years after the sewer easement becomes effective or the
school project is oth~rwise abandoned, the subsurface sewer
i 9.; "
easement tennlnates~
I
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10. A Paragraph 5 should be added to the giant of rights to read:
"The grant of this subsurface sewer easement is subject to the
following express re$ervation by the County:
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Ssp-16-2004 17:01
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_FrPlll""~tSK MGT EN.S
17609432240 ~
T-699 P. 005/005 H 70
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a. The County expressly reserves the right to use. the surface of the
entite easement atea for purposes of preserving biological
resources and establishing and maintaining wetlands."
Finally, because your office generated the Sewer Easement
document, I suggest that your office incorporate the above
amendments into that document for recording. If the County
agrees to the City':s suggested .~enqments, we can discuss the
proper form of th~ document for recording at a later date.
We understand that you will need to consult on these items.
We appreciate the ;County's time and consideration. Please feel
free to contact me iWith any comments or questions.
Sincerely,
Glenn Sabine
City Attorney
Cc: Mayor and City Council
Keny Miller, City Manager
I
Peter Cota-Robles, City Engineer
02i4S7
EXHIBIT "C '
PROPOSED SEWER EASEMENT
A SEWER EASEMENT OVER, UNDER, AND ACROSS A PORTION OF THE NORTHERLY
668 FEET OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF SECTION 25, TOWNSHIP 13
SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25, AS SHOWN ON
RECORD OF SURVEY NO. 14943 RECORDED AUGUST 3,1995 AS FILE NO. 1995-0336085 OF
OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 25, AS
SHOWN ON SAID RECORD OF SURVEY 14943, SOUTH 00009. 13" WEST (RECORD SOUTH
00°08'44" WEST PER RECORD OF SURVEY 14943), A DISTANCE OF 1333.81' TO A POINT
ON THE SOUTHERLY LINE OF SAID NORTHERLY 668 FEET OF THE SOUTH 3/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 25; THENCE ALONG SAID SOUTHERLY LINE SOUTH
89o21 '59" EAST, A DISTANCE OF 630.15 FEET TO THE TRUE POINT OF BEGINNING.
THENCE NORTH 00°38'01'' EAST, A DISTANCE OF 668.00 FEET TO THE NORTHERLY
LINE OF THE NORTHERLY 668 FEET OF THE SOUTH 3/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 25; THENCE ALONG SAID NORTHERLY LINE, SOUTH 89021'59" EAST, A
DISTANCE OF 15.00 FEET; THENCE SOUTH 00°38'01" WEST, A DISTANCE OF 668.00 FEET
TO THE SOUTHERLY LINE OF NORTHERLY 668 OF SOUTH 3/4 OF NORTHWEST 1/4 OF
SAID SECTION 25; THENCE ALONG SAID SOUTHERLY LINE NORTH 89021'59" WEST, A
DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.23 ACRES, MORE OR LESS.
Armand A. Marois
LS 5941
enc-cot,ntry. A
W.O. 505-0704-600
EXHIBIT "D "
THIS EXHIBIT IS TO BE A7-1'AOHED TO THE LEGAL DESCRIPTION
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
!/ / / / ~1 = EASEMENT PAGE I OF
0.25 AC. SCALE 1%- 100'
N1~2 OF THE NW1/4 OF THE NWl/4
OF SEC 25, T15S, R4W
T~'~ES-T-%'~N'LY LINE OF N'LY 668
~NOR FEET OF THE S3/4 OF
CORNER SEC 25 THE NWl/4 OF SEC. 25
T15S, R4W
PER R.O.$. 14943
A.P.N.
262-073-24
S89'21 '59"E
A PORTION OF THE N'LY 668 FEET OF
,,,,,,-
~s SHOIW~Ng~O~N R.O.S.
S'LY LINE OF N*LY ~
668 FEET OF THE
$3/4 OF THE NWl/4
OF SEC. 25
THE SJ/4 OF THE NWI/#
OF SEC 25, T1~S,
A.P.N.
262-075-25
25
ARMAND A. MAROIS P.L.$. 5941
N89' 21 '59 "W
15.00'
T,P.O.B.~
S89°21 '59"E 630.15'
FICINITY MAP
bhm, lnc.
land planning, civil engineering, surveying
5115 Avenida Encinas
Suite L
Carlsbad, California 92008-4387
(760) 93:31-8700
,PROPOSED SEWER EASEMENT
FROM CITY OF ENCINtTAS
TO
M &~ M DEVELOPMENT, LLO.
Date: 12-15-01 W.O. 505-0704-600 ENC-SWR-ESM/