2008-286412
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DOC # 2008-0286412
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Recording Requested by:
Cardiff sanitation District
MAY 28,2008 3:18 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
OC: NA
When Recorded, Mail to:
District Clerk
Cardiff Sanitation District
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the City)
PAGES: 7
S~
ONLY
111111111111111111111111111111111111111111 Imlll 1111 I111 III III
SEWER
DOCUMENTARY TRANSFER TAX $ .--Cr
EASEKENT ~'7~t- -h~
Project No. 07-045
W.O. 716-1
Assessor's parc~ V
No. 258-130-88 and 92
CAM-MAR GROWERS, A CALIFORNIA GENERAL PARTNERSHIP,
hereinafter designated "Grantor(s)U, Owner(s) of the hereinafter
described lands, attached hereto and made a part hereof as
Exhibit "AU, for a valuable consideration, do (es) hereby GRANT
and CONVEY to the City of Encinitas herein designated "Granteeu,
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 incidental
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 subj ect 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:
,
.,
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.
See Exhibit "A" and Exhibit "B" attached hereto and made a part
hereof by this reference.
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 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 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 ~day of ~~.) ,2008.
OWNER: C6..~... ~1' (,~wt~
By,~m~
RONALD M. MARTIN
[Signature of OWNER must be notarized.
Attach the appropriate
acknowledgement.]
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ALL PURPOSE ACKNOWLEDGEMENT
I
ST A Tl:: OF CAUr=ORNIA
}
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COUNTY OF S~N t) I'=..<no
On ~PR\ \.. n, 100"'6
before me, (,I\N\E;A.DN J. CA~ i N o\'~ ,~ J 10 \" ~ v
, (Insert ~ and title of the 0 lcer)
ltotJ"~I> ,,^. \A~~~
personally app'eared
who proved to me on the basis of satisfactory evidence to be the person~) whose name~) is/ete subscribed
to the within instrument and acknowledged to me that he/~/th~ executed the same in hisfbt(r/th,e1r
authorized capacity(i~, and that by his/h~/the(rsignature(" on the instrument the person~), or
the entity upon behalf of which the person(~ acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
o
Signature
l. CAMERONJ. C/IIIY
CammIIIIan II 161231 7
Naay P\ac . CaIbnIa
Ian oe.go CcutIV
M,comm....Augla.201G .
(This area for official notarial seal)
Ree.Form #R11 (12105107)
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This is to certify that the interest in real property conveyed by
deed or grant to the City of Encinitas , is hereby accepted by
the undersigned agent on behalf of the City of Encinitas pursuant
to authority by Resolution of the City Council adopted on
November 9, 1994, as Resolution 94-107 and the grantee consents
to recordation thereof by its duly authorized officer.
Dated: ~/AB/Oe
fik 01- ()j---
By:
j\/t~eter Cota-Robles, P.E.
City Engineer
City of Encinitas
'j
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
A PORTION OF PARCEL 3, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO CERTIFICATE OF COMPLIANCE FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 24,
2005 AS DOCUMENT NO. 2005-0240340 OF OFFICIAL RECORDS, MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORNER OF SAID PARCEL 3; THENCE
NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 3, NORTH
26038'51" WEST (RECORD NORTH 26038'54" WEST PER SAID CERTIFICATE OF
COMPLIANCE), A DISTANCE OF 93.91 FEET TO THE NORTHEASTERLY TERMINUS OF
THE SOUTHEASTERLY SIDELINE OF THAT CERTAIN "EASEMENT AREA" AS
DESCRIBED IN DOCUMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY, DECEMBER 30, 2005, AS DOCUMENT NO. 2005-1122354 OF
OFFICIAL RECORDS, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE
ALONG THE SIDELINES OF SAID "EASEMENT AREA" THE FOLLOWING COURSES:
SOUTH 19004'55" WEST, 100.94 FEET; THENCE SOUTH 59026'32" WEST, 401.38 FEET;
THENCE SOUTH 38046'34" WEST, 35.09 FEET TO A POINT ON THE EASTERLY RIGHT-
OF-WAY LINE OF QUAIL GARDENS DRIVE, BEING A PUBLIC HIGHWAY EASEMENT,
DESCRIBED AS PARCEL 2 IN "EASEMENT FOR CITY HIGHWAY", AS FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 2006, AS
DOCUMENT NO. 2006-0023831 OF OFFICIAL RECORDS, ALSO THE BEGINNING OF A
NON TANGENT 426.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE
FROM SAID POINT BEARS NORTH 65034'05" EAST; THENCE NORTHERLY ALONG
SAID CURVE AND RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 03059'27",
AN ARC DISTANCE OF 29.67 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE
AND CONTINUING ALONG SAID "EASEMENT AREA" SIDELINES, NORTH 38046'34"
EAST, 19.88 FEET; THENCE NORTH 59026'32" EAST, 394.88 FEET; THENCE NORTH
19004'55" EAST, 104.62 FEET; THENCE LEAVING SAID SIDELINE OF SAID "EASEMENT
AREA", ALONG A LINE PARALLEL WITH AND DISTANT 15.50 FEET, MEASURED AT
RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID PARCEL 3, NORTH
26038'51" WEST, 164.42 FEET; THENCE NORTH 63021'09" EAST, 15.50 FEET TO THE
NORTHEASTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHEASTERLY
LINE, SOUTH 26038'51" EAST, 189.81 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.367 ACRES, MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
~~~~
LS 5941
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I DATE
K:\Survey\DATA\1123\1ega1s\sewer esmt legal description.doc
w.o. 836-1123-600
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EXHIBIT B
SHEET 1 OF 2
LEGEND
.""" '\..I INDICATES SEWER EASEMENT: 0.367 ACRES
T.P.O.B. INDICATES TRUE POINT OF BEGINNING
P.O.C. INDICATES POINT OF COMMENCEMENT
@ INDICATES EXISTING EASEMENTS
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" I " SCALE 1 "=80'
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" PARCEL 3
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I I CEFmF1CA1E OF CONPUANCE
I REG.. 3--24-2005
DOC. NO. 2005-0240340
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PARCEL 2
REG.. 3--24-2005
\ DOC. NO. 2005-0240340
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APN 258,130-92
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EE SHEET 2 OF 2
FOR TABLED DATA &
EXISTING EASEMENTS
DESCRIPTIONS
bltA, Inc.
SEWER EASEMENT
land planning. civil engineering, survevlng
5115 Avenlda Encinas
Suite L
Carlsbad, California 92008-4387
(760) 931-8700
1/14/ 1 4 AM PST
CAM-MAR GROWERS
TO
CITY OF ENCINITAS
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1
11
. .
EXHIBIT B
SHEET 2 OF 2
o INDICA TES "RECIPROCAL EASEMENT AGREEMENT" FOR
TEMPORARY CONSTRUCTION PURPOSES, TOGETHER
WITH INGRESS AND EGRESS OVER SHARED
PROPERTY IMPROVEMENTS AS DEFINED IN SAID
DOCUMENT, RECORDED DECEMBER 30, 2005, PER
DOCUMENT NO. 2005-1122355 O.R.
@ INDICATES "EASEMENT AGREEMENT" FOR A
NON-EXCLUSIVE RIGHT-OF-WAY EASEMENT FOR
UTILITY AND RELATED PURPOSES OVER GRANTOR'S
PROPERTY AS DEFINED IN SAID DOCUMENT,
RECORDED DECEMBER 30, 2005, PER DOCUMENT
NO. 2005-1122354 O.R.
@ INDICA TES EASEMENT TO THE CITY OF ENCINlTAS
FOR PUBLIC HIGHWAY PURPOSES AND INCIDENTAL
PURPOSES, TOGETHER WITH THE RIGHT FOR
MAINTENANCE OF SLOPES AND LANDSCAPING
BEYOND RIGHT-OF - WA Y, DESCRIBED AS PARCEL 2
IN DOCUMENT RECORDED JANUARY 11, 2006, AS
DOCUMENT NO. 2006-0023831 OF OFFICIAL
RECORDS.
LINE
L1
L2
L3
L4
L5
L6
LINE TABLE
BEARING
N26'38'51 "w
S19'04 '55"W
S38'46'34"W
N38'46'34"E
N63'21 '09"E
S26'38'51 "E
DISTANCE
93.91 '
100.94'
35.09'
19.88'
15.50'
189.81'
CURVE TABLE
CURVE LENGTH RADIUS
C1 29.67' 426.00'
DEL T A
3"59'27"
bliA,lnc.
land planning, civil engineering, survevlng
5115 Avenlda Encinas
Suite L
Carlsbad, California 92008-4387
(760) 931-8700
Itf\lOurV.y
.g'lO~"'~K ~g V141'ZUUIII 11_ AM PST