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2008-609559 Doc # 2008-0609559 ~-j ~ II I I I I II II I I II I I II I I I I I I I I II I ` Recording Requested by: NOV 25, 2008 4:01 PM j~ Cardiff Sanitation District ) OFFICIAL RECORDS SAN DIEGO COUNT, RECORDER'S OFFICE J ' When Recorded, Mail t0: GREGOFIY'J SMITH, COUNTY RECORDER FEES 13.00 District Clerk ) OC. NA f Cardiff Sanitation District PAGES: 6 505 Suth ncinitas, Vulcan CA 92024enue E IIRIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIII~IIII~IIIIIIIIIIIIIIII For the benefit of the District ) USE ONLY SEWER ACCESS EASEMENT Assessor's Parcel Project No.06-030 No. 265-331-83 _ W.O. No. 0912-G RANCH VIEW BAPTIST CHURCH A CITY NONPROFIT CORPORATION, FORMERLY KNOWN AS THE FIRST BAPTIST CHURCH OF SOLANA BEACH, A CALIFORNIA NON-PROFIT CORPORATION, l 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 ingress and egress for public sewer maintenance and repair, 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. 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 sur~ace of said real property herein described, subject to the con 'td ons above stated. i Executed By: OWNER: By: Ro rt Litts, Pastor Ra ch View Baptist Church, A City N n-pro it Corporation Date: 5 OF X [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California's County of U p~ o On I I )~/ofl before me, j -rte l Oate Here I sect Name = of he 0 icer personally appeared x~rr L,f t S Neme(, of Slgnegs) who proved to me on the basis of satisfactory evidence to be the person(*) whose name( ire subscribed to the within instrument and acknowledged to me that (2jW#efthey executed the same in is it authorized capacity()as), and that by4~ir signature(9) on the instrument the personal, or the entity upon behalf of which the person(* acted, executed the instrument. Apt S. QFV1W Commlulon * 171rS7~ I certify under PENALTY OF PERJURY under the laws Notory ruDUC - Catlfanb of the State of California that the foregoing paragraph is San Fgo County true and correct. Low MyCarm epYa tYlatr t J,1C11 WITNESS my hand and official seal. Place Notary Seri Above Signature Sign lure t No[ai { OPT/ONA 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: C> , A e ~ .[rte Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: G Individual J Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner - ❑ Limited _ ! General _ ❑ Partner - ❑ Limited General ❑ Attorney in Fact Li Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here J Guardian or Conservator C Guardian or Conservator L' Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association- 9350 be Soto Ave., RO. Be. 2402-Chatsworth, CA 91313-2402-www.NationalNotaryoq Ran #5907 Reorder: Call Toll-Free 1-800-8]6-682] 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: Z/~A 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 15°11' 18° EAST, 277.12 FEET; THENCE WESTERLY NORTH 73007'53" WEST ALONG A LINE THAT IS PARALLEL WITH AND 20' SOUTHERLY OF THE NORTHERN BOUNDARY, 188.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 15°13'52" WEST, 277.11 FEET TO THE INTERSECTION WITH THE SOUTHERLY BOUNDARY OF SAID BLOCK 35; THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY, NORTH 73°07'53" WEST, 20.01 FEET; THENCE NORTH 15°13'52° EAST, 277.11 FEET; THENCE SOUTH 73°07'53" EAST, 20.01 FEET TO THE TRUE POINT OF BEGINNING. ROBRT O. SUK~ ROUP, RCE 28302 EXHIBIT-A4-07-01-08 ~o~A1 0 SS 'y W 9~r ac No. 8 2 EXV331 `~q IV1~ rP EXHIBIT "B" CITY OF ENCINITAS N 4, . 3 2.sq, W S 7 .01 ,53~ 3,07 :-/ad pys 20' 2 f CESS EgSEIyZ / N 277 X524 is P 0~ N > S3, 103 U~ B W 40, S P >g' E Aaj, OF to), 40' l >307's i P)TR C/ry -OOENT l A=88'21'46.E / RCO p D' Dy 22p ~ AS w R-27.00 L=41.64' / 5'2p672587,9 ~ 3 ~ 41 / h / N p/ w Is. W (2c /2z/ 01 / ~N 2131', c./w / N \ >~p\ w .44 40. "0, / SCALE Rp NG 40, C/y EM n'q NCH s~o S' T I ~RR4 E l l~~~~~ kGA~y ERR i_ m!. SITE U ~sry Nc3~30 .e chil nr cpA N ~l ~2 s pcpp~ W ¢ ~<<v~ Rglcy PREPARED BY. pry Jam. FNTq p THE SEA BRIGHT COMPANY Q 4322 SEA BRIGHT PLACE CARLSBAD. CA 92008 VICINITY MAP (760) 720-0098 8 NO SCALE 0 THOM. ROB NT O. SUKUP, RCE 28302 DATES BROS. P. 1147 J-7 LICENSE EXPIRES: 03/31/10 JN: 1510 07-01-08