1988-258216RECORDING REQUESTED BY:
OLIVENHAIN MUNICIPAL WATER DISTRICT
WHEN R. ECOIM~ED I,,tAIL TO:
OLIVENHAIN MUNICIPAL WATER
· DISTRICT
1' ~rRETT 1966 01ivenhain Road
Encinitas
I C~TW California
· ~TAT~
92024
ZIP
space lot Reconter'e uee
NO F£E
NO FEE
NOTICE OF PUBLIC EASF_/~ENT
~/nRF2~S, The 01ivenhain Municipal Water District, a public agency, has a water pipe-
line and appurtenances installed in a portion of 5th Street, in.the City of Encinitas,
County of San Diego, State of California, which said facility was installed in a then
public right of way, 80.00 feet wide;
~ W~, said facility has been, is, and will be, used for the transmission of
.... ' potable, water_ and _is. required for the public good; ' -
" ARD W~EAS, by Resolution No. 87-50 of the City Council of the City of Encinitas,
recorded December 7, 1987, as Instrument No. 87-674382 of official Records in the
office of the County Recorder of San Diego County, a portion of said 5th Street was
vacated and closed to public use, said portion of 5th Street so vacated is shown on
the attached plat marked EXHIBIT "A" attached hereto and made a part hereof;
AND WHEREAS, said Resolution No. 87-50 failed to reserve easements for existing public
facilities in said portion of 5th Street so vacated, as required by 8340(c) and 8341
of the Streets and Highway Code:
NOW THEREFORE, pursuant to Section 8348(C) of the Streets and Highways Code of the
State of california, the olivenhain Municipal Water District hereby gives notice of
its facilities and of its public easement within said portion of 5th Street :~u vacated.
Dated: ¢/ :~, /:Z: OLIVENHAIN MUNICIPAL WATER DISTRICT
~)naJJy kno~ to me {o ~ the ~ns v'ho executed this
~ ms ~ President mhd
{~LINICIPAL WATER DI~RI~ and
S,~cur~ f / v ~. · ._- .~
Nm;~. P~,c m mhd dot ~d Counq' mna
EXHIBIT A
/ /
/ t BLK. ~6 .
.... '-: ............ /~' O--f--f ....
1
i
/
5th STRI~' VACATED
I
EXHIBIT "A"
®
BLK. 22
SH'T. Z
I
I
:>5'
SH
Bt_K. 28 /
BLK. 23 I ;
I
i
®
BLK. 24
BLK. 29
L
POR.
26
MAPI548 -RHO LAS ENCI:
MAP 326 -COLONY OL. IVEI',
ROS z3~507, 48,53.5495:t5407
Order No.
Escrow No.
Loin No.
RECORDED MAIL TO:
SPACE A~OVE THIS LINE FOR [RECOROER'S USE
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $......,~,,,~.,-~,-,',~- ........................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on~.th~,,con$idecetion or VllUl I~1 lilnl or incumbrances
EASEMENT
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CHARLES G. DUVIVIER and KATHRYN S. DUVIVIER, husband and wife as Joint tenants
hereby GRANT(S) to VIRGIL D. MARSHALL and CAROL A. MARSHALL, husband and wife as Joinc
tenants; WILLIAM D. TOUSSAINT, JR., and ROBERTA TOUSSAINT, husband and wif~ as CO ~m_.unigY
proper~t~;-and KERRY JAY 'WAT~:~N-'~n~-F:OBiN L: wATKIN' husband a~d ~e ~ j~o~i tenants
the real property in the City of Encinitas
County of San Diego , State of Californ'ia. described as
An easement for road and utility purposes, over, unde~ along and across that portion of
the Easterly 156 feet of Block 26 of THE COLONY OLIVENHAIN, in the City of Encinitas,
purity of San Diego, State of California, according to Map thereof No. 326, filed in the
~fice of the County Recorder oF San Diego County, July 8, 1885. EXCEPTING THEREFROM
Northerly 289 feet thereof.
Together with that portion of the North Half of Fifth Street adjacent to said Parcel
as vacated by the City Council of the City of Encinitas on May 26, 1987 and recorded
December 7, 1987 as File No. 87-674382 of Official Records.
Together with that portion of the West 12 feet of "E" Street adjacent to said parcel
as vacated by the City Council of the City of Encinitas on May 26, 1987 and recorded
December 7, 1987 as File No. 87-674382 of Official Records, described as follows:
Commencing at a point in the Westerly line of "E" Street 28.00 feet from the centerline
thereof and its intersection with the centerline of 5th Street, thence; Northerly along
said Westerly line 7.00 feet to the TRUE POINT OF BEGIS~ING, thence; retracing last said
course, thence; Westerly 7.00 feet along the centerline of said 5th Street, thence; 9.7
feet to the TRUE POINT OF BEGINNING.
appurtenant to and for the use and benifit of
Said easement is hereby declared to be /~ ~l A .~/¼~ l
the Grantee's and their successor's thereto. '-~ 'x
Dated January 25, 1988
I
STATE OF CAIO.FO~ql,%. T ~'~/'~ )ss.
COUNTYOF ~-5. t'~ L~ }
On January 25, 1988
before me, the undersigned, a Nota~J Public in and for said State, per-
sonallyappeared Charles G. DuVivier and
Kathryn S. DuVivier
known to me (or proved to me on the basis of satislactory
be the person(s) Whose name(s) is/are subscribed to the
.~. ~within )nstrument and acknowledged to me that he/she/they executed
the same.
Sigr.~ure~~
MAIL TAX STATEMENTS AS DIRECTED ABOVE
(This Area for official notarial seal)
1OO2 (6/82)
; pmge #~