Loading...
2008-609557 DCC # 2008-0609557 J II I I I III II I I II I I II I I I I I I II II Recording Requested by: NOV 25, 2008 4:00 PM Cardiff Sanitation District ) O FFI DIAL R E CO R D' SAN DIEGO COUNTY RECORDER'S' OFFICE GREGORYJ. SMITH, COUNT11RECORDER When Recorded, Mail to: FEES: 0013 District Clerk OC: NA IT ) Cardiff Sanitation District PAGES' v Encinitas1, VCAc920Agenue ; IIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111111111oil1111 505 Soutan For the benefit of the District USE ONLY SEWER EASEMENT Assessor's Parcel/ Project No.06-030 ``~tJG No. 265-331-83 W.O. No. 0912-G 141- RANCH VIEW BAPTIST CHURCH, A CITY NONPROFIT CORPORATION, FORMERLY KNOWN AS THE FIRST BAPTIST CHURCH OF SOLANA BEACH, A CALIFORNIA NON-PROFIT CORPORATION, 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 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 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. 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 a-iy such excavation made by it so as to fill/ aid excavation as nearly as practicable to the level of the grounding ground, and will replace any oiled, asphalt or con~r to surface with like material and will replace any fence remov by it. Executed By: OWNER: f By: 0' alt obert Litts, Pasto Ranch View Baptist Church, A City Non-profit Corporation Date: (7 [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of , "11 O On )0~before me, r C e }1 l~l T Jj Date ere msert me d title o he otnoer personally appeared S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persona whose name(} subscribed to the within instrument and acknowledged to me that h ey executed the same i N herkheir authorized .MN S. iWE capacity(jpe), and that by is/' signature(s) on the Commuslon • 171Y7J instrument the person(, or the entity upon behalf of Notcry •ubao ' CaN1Orn1O which the person(Pj acted, executed the instrument. C eor•t+ataamt I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea r Place Notary Seal Above Signature ignature of y Public - OPTION Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 7 (AJL~~~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual J Corporate Officer -Title(s): ❑ Corporate Officer - Title(s): L Partner - ❑ Limited ❑ General ~l Partner - ❑ Limited Li General _ ❑ Attorney in Fact • ❑ Attorney in Fact • - ❑ Trustee Top of thumb here 1-1 Trustee Top of thumb here El Guardian or Conservator F1 Guardian or Conservator J Other: El Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association-9350 De Soto Ave., PO. Bm 2402-ChatmorOi,CA 91 31 3-2402-www.NabonalNotary.org Item 45907 Reorder Call Toll Free 1-800-876-6827 GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or granted to the Cardiff Sanitation District, is hereby accepted by the undersigned agent on behalf of the Cardiff Sanitation District pursuant to authority by Resolution of the Board adopted on March 20, 1979 and the grantee consents to recordation thereof by its duly authorized officer. Dated: By: Peter Cota-Robles, P.E. City Engineer City of Encinitas EXHIBIT "A" PARCEL"B" THAT PORTION OF THE SOUTHERLY 297.00 FEET OF BLOCK 35 OF THE COLONY OF OLIVENHAIN AND THAT PORTION OF THE EASTERLY HALF OF "C" STREET LYING WESTERLY OF AND ADJOINING SAID SOUTHERLY 297.00 FEET ON THE WEST, AS SAID STREET WAS VACATED AND CLOSED TO PUBLIC USE, ALL IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 8, 1885, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 35; THENCE NORTHERLY ALONG THE EASTERN BOUNDARY THEREOF NORTH 15011'18" EAST, 297.13 FEET TO THE NORTHEAST CORNER OF SAID LAND AND TO THE TRUE POINT OF BEGINNING; THENCE NORTH 73007'59" WEST ALONG THE NORTHERN BOUNDARY A DISTANCE OF 210.26 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 16052'07" WEST, 20.00 FEET; THENCE SOUTH 73°07'53" EAST, PARALLEL AND OFFSET SOUTHERLY 20.00' FROM THE NORTHERLY BOUNDARY, 210.77 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE EASTERLY BOUNDARY OF SAID BLOCK 35; THENCE NORTHERLY ALONG THE EASTERN BOUNDARY NORTH 15011'18- EAST, 20.01 FEET TO THE TRUE POINT OF BEGINNING. ROBERT O. SUKUP, RCE 28302 EXHIBIT-Al-12-04-07OCy w No. CO 8 Exp, 351 U ~~F EXHIBIT "B" CITY OF ENCINITAS N 73' p.'53. ?p PU8 342.8g• W ~u ~ AJ4CF N /qj S 1ss `26' hI~ 200 W \ 210 0p , S 7. a 40' / 40' 103 6 T/~Ef 944 OF LOT S ~3•p7' P Pr1, p si~ Orr /jV A=88'2146" C Rf OR Og -2512 0 " Q 41 R=27.00' 007 5879 IN / L=41.64' / ?13 Gw / N s ~3'p 4p•/ 40' / SCALE 1"=80' AS fgS4• PRN l NCH CH h0fW~ kN~ / P ESSIO~GQ ~R Q s o. ERR ~rl1 gym} SITE o sr. U Q No. CO3 Z 2~ * Exp.)31 111 \Q' F,y 2g C VI pQ~ N ~~G y~ys PEapp~ PREPARED BY: C G~ FNTgyp THE SEA BRIGHT COMPANY P 4322 SEA BRIGHT PLACE CARLSBAD, CA 92008 (760) 720-0098 VICINITY MAP Q , 1117 OS NO SCALE ROBtRT . SUKUP, RCE 2 02 DATES THOM. BROS. P. 1147 J-7 LICENSE EXPIRES: 03/31/10 JN: 1510 06-23-08