Loading...
2014-96608 DOC ## 201 4-0096608 11111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Recording Requested By: ) MAR 11, 2014 4:37 PM OFFICIAL RECORDS City of Encinitas �/ ) SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg,Jr.,COUNTY RECORDER When Recorded Mail to: FEES: 0.00� � (" ) 0 C: NA NA City Clerk 1 ) PAGES: 9 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY PUBLIC SEWER EASEMENT Assessor's Parcel No: 264-143-37-1,/ Plan #: 11740-1 Clark N. Sandknop and Elaine M. Sandknop, Trustees of the Clark N. and Elaine M. Sandknop Family Trust Dated March 7, 2003, 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. GRANTOR(S): Clark N. Sandknop, Trustee/O ner Date laine M. Sandknop, Trustee/O Per Dat Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of th ity C I of the City of Encinitas adopted on November 9, 1994 and the a con nts recordation thereof by its duly authorized officer. lenn Pruim Date' Director of Engineering and Public Works City of Encinitas December 5, 2013 EXHIBIT `A' PROPERTY LEGAL DESCRIPTION PARCEL 1: ALL OF SOUTHERLY HALF OF NORTHERLY HALF OF BLOCK 86-B OF COLONY OF OLIVENHAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 326, FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 8, 1885. TOGETHER WITH THAT PORTION OF THE WESTERLY HALF OF "C" STREET LYING EASTERLY OF AND ADJACENT TO THE EASTERLY LINE OF THE SOUTHERLY HALF OF THE NORTHERLY HALF OF SAID BLOCK 86-B. EXCEPTING THEREFROM THAT PORTION THEREOF LYING WESTERLY OF A LINE WHICH IS PARALLEL WITH AND 122.00 FEET EASTERLY OF AND MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF "B" STREET (80.00 FEET WIDE) ADJOINING SAID BLOCK 86-B ON THE WEST. 5�SAND SU'4D G� G�NTL. S,�A� p�p No.7665 P CALIFC4 December 5, 2013 EXHIBIT `B' LEGAL DESCRIPTION SEWER EASEMENT AN EASEMENT FOR SEWER PURPOSES 20.00 FEET IN WIDTH OVER, UNDER AND ACROSS THAT PORTION OF THE SOUTHERLY ONE-HALF OF THE NORTHERLY ONE-HALF OF BLOCK 86-B OF COLONY OF OLIVENHAIN, 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 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF THE SOUTHERLY ONE-HALF OF THE NORTHERLY ONE-HALF OF BLOCK 86-13, SAID POINT BEING ON THE WESTERLY LINE OF C STREET HAVING A HALF WIDTH OF 40.00 FEET AS SHOWN ON SAID MAP NO. 326; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHERLY ONE-HALF OF THE NORTHERLY ONE-HALF OF BLOCK 86-B NORTH 72 007'20"WEST 59.38 FEET; THENCE AT RIGHT ANGLES TO SAID SOUTHERLY LINE NORTH 17 052'40" EAST 20.00 FEET; THENCE PARALLEL WITH SAID SOUTHERLY LINE SOUTH 72 007'20"EAST 58.34 FEET TO A POINT ON THE WESTERLY LINE OF SAID C STREET; THENCE ALONG SAID WESTERLY LINE SOUTH 14 054'53"WEST 20.03 FEET TO THE POINT OF BEGINNING. CONTAINS 1,177 SQUARE FEET MORE OR LESS. NOTE: THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE SOUTHERLY LINE OF THE SOUTHERLY ONE-HALF OF THE NORTHERLY ONE-HALF OF BLOCK 86-13, AS HOWN ON PARCEL MAP. NO. 2673 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 23, 1974. LD0 p No.7 P �p CALIP04� EXHIBIT'C' SEWER [A SEMEN T PORS'LY112OFNLY1/2 BLOCK 86-B PARCEL 1 _ N145254"E 179.85' —— PM 2673 _ i 20.03' 15982' \ EXISTING 20'PRIVATE ROAD & UTILITY EASEMENT RECORDED JANUARY 22, 1974 AS DOC. NO. 74-017050 OF O.R. v, o \ i � N m PARCEL 2 PM 2673 3 POR SL Y 112 OF AIL Y 112 o BLOCK 86-B 3 z o z I_ N1752'40"[ 20' WIDE SEWER EASEMENT 2000 TO CITY OF ENCINI TAS GRANTED HEREON i I 20.00 . _ 159.76' — l Poo \ `20.03' _ SE'LY COR ,_ 40' N145453"E 179.79' S Y 112, N'L Y 112 BLK 86-8, MAP 326 40 W10E PORTION Of LAND DESCRIBED INDEED REC. APRIL 19, 2004 AS DOC. t�'1 40' STREET NO. 2004-0339141 Of 0.R. LOCATED ��++ IN C'STREET(PUBLIC) PER MAP 326 Sip LARD SU'Pt- �� ANT L. g tom �p o� 1'=50' No.7655 0 25 50 100 � r NorE ��°CALItb4 •- -` SAMPO ENGINEERING, INC. 1. BOUNDARY INFORMATION CALCULATED PER PM 2673 AND GRANT DEED RECORDED APRIL 104 SECOND SIRED E1VC1tVllA5, CA92024 19, 2004 AS DOC. NO. 2004-0339141 OF O.R. TEL.: (160)436-0660 FAX: (160)436-0659 JN+ 13-103 SANDKNOP 12-05-13 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, to extend embankment slopes beyond the limits of the dedicated easement 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 Grantee 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. ALL-PURPOSE ACKNOWLEDGMENT State of California County of s&- ,.T SS. On 'a — 201 L , before me, ftr(1e(a Ili . Sim 6 n Notary Public, DATE personally appeared C jQr')� E IO.j nE M- Saoj� PV,o o who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to thew m instrument and acknowledged to me that he/she he executed the same in his/he e capacity(ies), and that by his/her/ ei 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 ANGELA A. SIIAON laws of the State of California that the foregoing N commJ pUq 2p09314 paragraph is true and correct. NOT SA PUEgo C UFORNIA =, SAN O�EOO COUNT'/ MY COPY.EXP. WITNESS my hand and official seal. 01'j st,�' NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT THUMBPRINT OF I^ s SIGNER o F APA 1/2012 NOTARY BONDS,SUPPLIESAND FORMS AT HTI'P://WWW.VALLEY-SIERRA.COM C 2005-2008 VALLEY-SIERRA INSURANCE ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of Soh DI end On 3- I t- 2-o 1 y , before me, 41 o e kC, I1 Si YnO rl , Notary Public, DATE personally appeared -e vn wn eir U i m ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Qre subscribed to the within instrument and ac�ledged to me that/she/they executed the sa n h /her/their authorized capacity(ies), and that byl�her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANGELA A. SII#ON I certify under PENALTY OF PERJURY under the comm.#2009314 N laws of the State of California that the foregoing N • NOTARY PUPA-CALIFORNIA .. opl� T 2otT A paragraph is true and correct. My WITNESS my hand and official seal. ""e'� a. �C� NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT c THUMBPRINT OF s SIGNER a F� APA1/2012 NOTARY BONDS,SUPPLIESAND FORMS ATHTTP://WWW.VAI-LEY-SIERRA.COM �.2005-2008 VALLEY-SIERRA INSURANCE