2009-707015Recording Requested By:
City of Encinitas
When Recorded Mail to: )
City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
FOR THE BENEFIT OF THE CITY
DOC k 2009-0707015
1111111111111111111111111111111111111111111111111111111111111111 IN
D E C 22, 2009 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 8
I A PUBLIC SEWER EASEMENT
1
Assessor's Parcel No: 258-251-08 ✓ Case 10181-VA
Donald Wand Marv Louise F. Crocker Trustees of the Crocker Living Trust dated April 3
1973, hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of
Encinitas, County of San Diego, State of California, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF,
do(es) hereby grant, convey, and dedicate for valuable consideration to the City of
Encinitas, State of California, hereinafter called GRANTEE, a Public Sewer Easement,
subject to the terms and conditions set forth in City of Encinitas Resolution 2009-54
adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part
hereof, the real property described as follows:
SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF.
GRANTO
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Donald W. rocker, Trustee
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Marry' uise F. Crocker, Trustee
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Date
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Date
Signature of "GRANTOR(S)" to be notarized.
Attach the appropriate acknowledgments.
See attached acknowledgment
SASHA JANAE SARTINI
comm. #1797619
to unrAov MI IDj It' - PAA WrouJe 21
EXHIBIT "A"
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION FIFTEEN, TOWNSHIP THIRTEEN SOUTH, RANGE
FOUR WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 19,188 1, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 15, WHICH IS NORTH 1- 13'
EAST 495 FEET FROM THE SOUTHEAST CORNER OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION, SAID POINT
BEING THE INTERSECTION OF THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF LAND CONVEYED TO HARRY J. PRICE BY DEED
RECORDED MARCH 11, 1947 IN BOOK 2362, PAGE 230 OF OFFICIAL RECORDS
WITH THE SAID EASTERLY LINE OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 89°55' WEST
ALONG SAID EASTERLY PROLONGATION OF SAID NORTHERLY LINE AND
ALONG SAID NORTHERLY LINE 405.17 FEET TO AN INTERSECTION WITH
THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF LAND
CONVEYED TO FRED MARSHALL ET UX BY DEED RECORDED JULY 2, 1947
IN BOOK 2444, PAGE 103 OF OFFICIAL RECORDS, SAID POINT OF
INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 1'
13' WEST ALONG SAID NORTHERLY PROLONGATION OF SAID WESTERLY
LINE AND ALONG SAID WESTERLY LINE 165 FEET, MORE OR LESS, TO THE
SOUTHWEST CORNER OF SAID MARSHALL'S LAND, BEING ALSO A POINT
ON THE SOUTHERLY LINE OF LAND CONVEYED TO HARRY J. PRICE, ABOVE
MENTIONED; THENCE SOUTH 89° 55' WEST ALONG SAID SOUTHERLY LINE
OF SAID HARRY J PRICE'S LAND, 255.39 FEET, MORE OR LESS, TO THE
SOUTHWEST CORNER OF SAID PRICE'S LAND; THENCE NORTH 1°25' EAST
ALONG THE WEST LINE OF SAID PRICE'S LAND 165 FEET, MORE OR LESS,
TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 89° 55' EAST
ALONG THE NORTH LINE OF SAID PRICE'S LAND 254.81 FEET, MORE OR
LESS, TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM ALL OF THE
ABOVE DESCRIBED PROPERTY, THE NORTH 5 FEET OF THE WEST 222.24
FEET.
EXHIBIT "B"
PARCEL 1:
ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION FIFTEEN, TOWNSHIP THIRTEEN SOUTH, RANGE FOUR WEST, SAN
BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19,188 1,
DESCRIBED AS FOLLOWS:
THE WESTERLY FIFTEEN FEET OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 15, WHICH IS NORTH 1°13' EAST 495 FEET
FROM THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION, SAID POINT BEING THE INTERSECTION OF THE
EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LAND CONVEYED TO
HARRY J. PRICE BY DEED RECORDED MARCH 11, 1947 IN BOOK 2362, PAGE 230 OF
OFFICIAL RECORDS WITH THE SAID EASTERLY LINE OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 15; THENCE SOUTH 89°55' WEST
ALONG SAID EASTERLY PROLONGATION OF SAID NORTHERLY LINE AND ALONG
SAID NORTHERLY LINE 405.17 FEET TO AN INTERSECTION WITH THE NORTHERLY
PROLONGATION OF THE WESTERLY LINE OF LAND CONVEYED TO FRED MARSHALL
ET UX BY DEED RECORDED JULY 2, 1947 IN BOOK 2444, PAGE 103 OF OFFICIAL
RECORDS, SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTH 1°13' WEST ALONG SAID NORTHERLY PROLONGATION OF SAID
WESTERLY LINE AND ALONG SAID WESTERLY LINE 165 FEET, MORE OR LESS, TO THE
SOUTHWEST CORNER OF SAID MARSHALL'S LAND, BEING ALSO A POINT ON THE
SOUTHERLY LINE OF LAND CONVEYED TO HARRY J. PRICE, ABOVE MENTIONED;
THENCE SOUTH 89°55' WEST ALONG SAID SOUTHERLY LINE OF SAID HARRY J.
PRICE'S LAND, 255.39 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID
PRICE'S LAND; THENCE NORTH 1°25' EAST ALONG THE WEST LINE OF SAID PRICE'S
LAND 165 FEET, MORE OR LESS, TO THE NORTHWEST CORNER THEREOF; THENCE
NORTH 89°55' EAST ALONG THE NORTH LINE OF SAID PRICE'S LAND 254.81 FEET,
MORE OR LESS, TO THE TRUE POINT OF BEGINNING. EXCEPTING FROM ALL OF THE
ABOVE DESCRIBED PROPERTY, THE NORTH 5 FEET OF THE WEST 222.24 FEET.
ROB RT O41JKILJP, RCE 28302
EXHIBIT-A-06-02-09
No. C028302
Exp.3131 1®
EXHIBIT "C"
NOTE: BEARINGS & DISTANCES SHOWN
HEREON ARE PER THE GRANT DEED
LEGAL DESCRIPTION
N 89'55' E 32.57'
MAP
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APN 258-251-06 5'
N 89'55' E 222.24'
CROCKER PROPERTY
APN 258-251-08
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WESTERLY 15' SEWER ESMT
GRANTED HEREON
S 89'55' W 255.39'
APN 258-251-19
SEE
MAP #7468
30,1301
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SANTA
VICINITY MAP
NO SCALE
THOM. BROS. P. 1147 D-7
PREPARED BY:
THE SEA BRIGHT COMPANY
4322 SEA BRIGHT PLACE
CARLSBAD, CA 92008
(760) 720-0098
7 Z;' ol~
RO ERT 0. SUKUP. RCE 8302 ATE
LICENSE EXPIRES: 03/31/10
15' ACCESS ESMT
TO NARDO ROAD q
10' ACCESS ESMT
TO NARDO ROAD
3
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N
SCALE 1"=80'
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No. C028302
Exp3)3/110
SITE
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EXHIBIT "D"
Terms and Conditions for
Dedication of Public Sewer Easement
The dedication or irrevocable offer of dedication made by the Grantor named in the
document dedicating or offering the dedication of public sewer easement for the benefit
of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject
to the following terms and conditions. The dedication or irrevocable offer of dedication
shall be for 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,
for ingress and egress for public sewer maintenance and repair, together with the
perpetual right to perform grading as deemed by Grantee necessary for the construction
and maintenance of facilities within said easement, and 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 City of Encinitas, County of San Diego, State of
California, and is more particularly described in the document dedicating or offering to
dedicate the sewer easement.
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.
The Grantee, its successors and assigns, shall be responsible for operating,
maintaining, and keeping in good repair the described works of improvement.
This dedication may be terminated and the right to accept the irrevocable offer of
dedication may be abandoned in accordance with the vacation procedures in Section
8300 et seq. of the Streets and Highways Code of the State of California. The
termination and abandonment may be made by the Grantee.
At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be
subordinated to the dedication or offer of dedication of sewer easement.
Grantor agrees that Grantor's duties and obligations under this offer of dedication are a
lien upon the subject property. Upon notice and opportunity to respond, Grantee may
add to the tax bill of the Grantor any past due financial obligation owing to the Grantor
by way of this offer of dedication.
If either Grantor or Grantee is required to incur costs to enforce the provisions of this
offer of dedication, the prevailing party shall be entitled to full reimbursement of all
costs, including reasonable attorney's fees, from the other party. The Grantee may
assign to persons impacted by the performance of this offer of dedication the right to
enforce this offer of dedication against the Grantor.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Loo) ,map to C
Ong. 1--,7-009 before me, ZCp
pee- - l(yt ncv
Here Insert Name and Title of the Officer '
personally appeared
11
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Xare subscribed to the
within instrument and acknowledged to me that
V/pKe/they executed the same in F~/*r/their authorized
capacity(ies), and that by h/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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 se
Place Notary Seal Above Signature
Sig Auof Notary Public
OPTIONAL
SASHA JANAE SARTINI
COMM. ;1797619
NOTARY PUBLIC ~ CALIFORNIA
LOS ANGELES COUNTY
Comrr~ssion Expires May Wj, 2012
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer -Title(s): _
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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7 of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1.800.676-6627
o we fission Expires May. 13, 2012