2014-96608 DOC ## 201 4-0096608
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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�
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No.7665
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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.
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No.7
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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.
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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
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1'=50'
No.7655
0 25 50 100
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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
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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