Loading...
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 '\ e e .. 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 ~ e - .. 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. , , 17609432240 ~ T-699 P. 001/005 f -1 'f i . I VIA F ACSIMIL:q AND US MAIL I I September 16, 2004 Mark Mead Senior Deputy Office of County Counsel 160.0 Pacific Hightay, Room 355 San Diego, CA 92~Ol-2488 , I 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 .; , ,I I 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~~ , 17609432240 _ T-699 P. 003/005 H' c Sep-16-2004 17:00 ~J , 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. " , , I 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. " . , I 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 , 17609432240 ~ T-699 P.004/005 ~-1'0 Sap-16-2004 17:00 . ./ . I I 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 I 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: I I I Ssp-16-2004 17:01 t _FrPlll""~tSK MGT EN.S 17609432240 ~ T-699 P. 005/005 H 70 .! ~ 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/