2015-596876 DOC# 2015-0596876
+� LEASE RECORD THIS DOCUMENT AT
l NO FEE AS IT IS TO THE BENEFIT Nov 17, 2015 04:24 PM
OF THIS DISTRICT(GOV. CODE [6103]) OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
RECORDING REQUESTED BY AND SAN DIEGO E& $ 0R0ECORDER
I lh WHEN RECORDED, PLEASE MAIL TO: POOR: N/A
PAGES: 13
City of Encinitas
505 South Vulcan Ave.
Encinitas, CA 92024-3633
Space above this line for Recorder's use.
Assessors Parcel No.261-020-09
Coast Highway 101 Sewer Pump Station and Sewer Force Main hmprovements Project—SELC Parcel
DOCUMENTARY N ER AX: None
City o 'nit
Glenn Pruim,Public Works Director
GRANT OF
PIPELINE PLACEMENT AND MAINTENANCE EASEMENT AND TEMPORARY
CONSTRUCTION AND ACCESS EASEMENT TO THE CITY OF ENCINITAS
The undersigned, San Elijo Lagoon Conservancy(hereinafter"Grantor") is the owner of real
property described in Exhibit A attached hereto and designated as the "Property." For a valuable
consideration, receipt of which is hereby acknowledged, Grantor hereby grants to the City of
Encinitas (hereinafter "Grantee") an exclusive and permanent twenty foot (20') wide easement with
surface rights under and through the Property as described in Exhibit B1, and as shown on Exhibit
B2, attached hereto and designated as the "Easement Area." Said Easement Area is located in the
City of Encinitas, County of San Diego, State of California.
The easement shall be for the purpose of digging, drilling, constructing, installing,
maintaining and operating, now and permanently, a pipeline or pipelines and all structures and
appurtenances incidental thereto within said easement area necessary for conveyance or
transmission of wastewater through a pressure pipeline, forcemain, by the Grantee. The Grantee
"forcemain" shall include two 4-inch diameter high-density polyethylene pipelines, duty and
standby,both encased in a single 15.3-inch outside diameter high density polyethylene casing.
Grantor reserves the right to use the Property within the Easement Area for any lawful
purpose provided that Grantor does not interfere with the purpose for which the Easement is
granted.
It is agreed that San Elijo Lagoon dredging and restoration construction activities in the
vicinity of the Grantee forcemain will be kept at an elevation higher than minus (-)I 0.0-feet per the
1988 North American Vertical Datum (NGVD88). On this basis, Grantee accepts all current and
Coast Hwy 101 Sewer PS and Sewer FM Improvements Project—SELC Parcel-Permanent Pipeline Easement
future lagoon restoration plans by the Grantor within and adjacent to the Property, including annual
dredging of the inlet/outlet and rip-rap protection of the east and west inlet/outlet embankments.
Such lagoon construction elevation compliance would provide approximately 8-feet minimum
clearance from the top of the forcemain casing to the bottom of lagoon construction activity. It is
herein agreed that maintaining such relative construction elevation clearance for annual dredging
avoids the need for specialized surveying or reporting of actual elevation by Grantor to Grantee.
Grantor also grants to Grantee a Temporary Construction and Access Easement in, upon,
over, and under, and across Grantor's property described in Exhibit C1, and as shown on Exhibit C2,
attached hereto and made a part hereof by this reference. Said Temporary Construction and Access
Easement is located in the City of Encinitas, County of San Diego, State of California.
The Grantor grants to Grantee the right during construction of Grantee's pipeline project to
use the above described Temporary Construction and Access Easement for a period of up to twelve
(12) months, for purposes incidental to the construction of Grantee's pipeline project. The twelve-
month Temporary Construction and Access Easement period shall commence upon award by
Grantee to a contractor selected through the Grantee's public bidding process. Such award shall be
made at the discretion of Grantee at any time in calendar years 2016 or 2017. The right to use shall
cease and be terminated at such time as the construction is completed and a notice of completion is
filed and recorded at the San Diego County Recorders'office by Grantee.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area
without written consent of Grantee, during the active period of this temporary construction and
access easement.
Grantor acknowledges the stipulation that Grantee is complying separately with the State of
California Department of Fish and Wildlife Section 1602 Streambed Alteration Agreement and a
State of California Coastal Development Permit.
The rights and obligations contained herein shall inure to the benefit of and be binding upon
the successors-in-interest, agents, employees, assigns, and transferees of the parties hereto.
Executed this J�— day of 2015.
GRANTOR:
By: 7��
Approved to f rm and legality,
By. Date: 9 11r
Genera unsel
City of Encinitas
Coast Hwy 101 Sewer PS and Sewer FM Improvements Project—SELC Parcel-Permanent Pipeline Easement
(Notarial acknowledgment of execution by GRANTOR must be attached.)
City of Encinitas
Coast Hwy 101 Sewer PS and Sewer FM Improvements Project—SELC Parcel-Permanent Pipeline Easement
A notary public or other officer completing this certificate verifies only the CALIFORNIA ALL-PURPOSE
identity of the individual who signed the document to which this certificate CERTIFICATE O F
is attached,and not the truthfulness,accuracy,or validity of that document.
State of California ) ACKNOWLEDGMENT
County of )
On
—S` _ before me,
(here insert name and title of t4ffice,)'�/r
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose namel(�sis/ate subscribed to
the within instrument and acknowledged to me that heh e, a executed the same in his/herA.e.ir
authorized capacitytils , and that by his/he* signaturil the instrument the personts�,,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 seal.
CYNTHIA ANN DATTE
COMM. #2101215 Z
,� Notary Public California o
Signature Z
San Diego County
CamnfSfe I es Feb.23,2019
OPTIONAL INFORMATION
actkno wledgment to on unauthorized document anrd may prove us f l prevent
o peons relying on the attach reattachment of this
attached document.
Description of Attached Document
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The preceding Certificate Acknowledgment is ched to a document ! Method of sr ner Identification -
purpose �M,„ {�- Proved r me on the basis n satisfactory evidence:
titled/for the Ur OSe O �/� � J�.�-� � I 1-r; form(s)ofldenuficaCion �:j crediblewitness(es)
- - - Notarial event Is detailed in notary journal on.
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containing _�-� pages,and dated !( ( L Page Entry#- --- --
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The signer(s) capacity or authority is/are as: Notary contact - - - —- - _-_---
elyIndividuallsi., Other
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Attorney-in-Fact AdditionalSigne(s) Signer(s)Thumbprint(s)
j Corporate Officer(s) -
- -- - - - —-
D Guardian/conservator
Partner-Limited/General
Trustee(s)
Other: --- - - - - --- -
-- -- -
representing: ------ -- - — - - - -
Name(s)of Personis)or E r.types)Sig.ef is Represennng - -
y me PO Box 41400.Des Mo nes IA 50311 0607 Ad Rights Resewed Item Number 101 777 please contact your Authorized Reseller to purchase copies orthts form
r Copyright 2007-2019 polar Rotary
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On t4OVAV4 - f 3 Zd 15—before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared Glenn Pruim ------------------------------------------------------------
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/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.
S,:,MAN ,riA MORROW
WITNESS my hand and official seal. (PUruc CALIFORNIA
SAN DIEGO COUNTY
Commission Expires May-9,2018
Signature�"4,C 11 W+ 'D (Seal)
NOTARY SEAL CERTIFICATION
(Government Code 27361.7)
1 CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary:
Commission Number: Date Commission Expires
)
County Where Bond is Filed: ?
Manufacturer or Vendor Number:
(Located on both sides of the notary seal border)
Signature:
Firm Na (if applicable)
Place of Execution: Date: A 1-171 Z<_�
ReC Form#R70.1(Rev_6!11/03)
EXHIBIT `A'
LEGAL DESCRIPTION
LOTS 2 TO 12, INCLUSIVE, OF BLOCK 33, CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 1298, LYING EASTERLY OF THE STATE
HIGHWAY AND HIGHWAY OPENING AS SHOWN ON SAID MAP, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 14, 1910.
EXHIBIT `B-1'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOTS 2 TO 12, INCLUSIVE, OF BLOCK 33, CARDIFF, MAP NO. 1298, LYING
EASTERLY OF THE STATE HIGHWAY AND HIGHWAY OPENING AS SHOWN ON SAID MAP, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF
SAN DIEGO, NOVEMBER 14, 1910, FOR AN EASEMENT FOR SEWER PIPELINE PURPOSES MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EITHER SIDE OF THE
CENTERLINE DESCRIBED AS FOLLOWS:
COMMENCING AT HIGHWAY STATION 328+02.14 OF DIVISION OF HIGHWAYS L.O. MAP NO. 9617,
SAID POINT BEING THE POINT OF BEGINNING FOR DEED RECORDED APRIL 16, 1935, BOOK 400,
PAGE 37 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF COAST
HIGHWAY 101 SOUTH 34 001'06" EAST 58.49 FEET; THENCE CONTINUING ALONG SAID EASTERLY
RIGHT-OF-WAY OF COAST HIGHWAY 101 SOUTH 19 009'36" EAST 52.59 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RIGHT OF WAY OF COAST HIGHWAY
101 NORTH 56 033'39" EAST 13.49 FEET TO THE POINT OF TERMINUS, SAID POINT BEING ON THE
WESTERLY RIGHT OF WAY OF THE N.C.T.D. RAILWAY.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGATED OR SHORTENED SO AS TO
TERMINATE AT THE EASTERLY RIGHT OF WAY OF COAST HIGHWAY 101 AND THE WESTERLY
RIGHT OF WAY OF THE N.C.T.D. RAILWAY.
CONTAINS 270 SQUARE FEET, MORE OR LESS.
OAP` LAND
G.
o cn �
a No. 7442 0
Exp. 6-30-16
C"4 1 FO RN�P
?�22�Zo15
ANDREW . KAR D S, PLS DATE
EXHIBIT 'B-2' SHEET 1 of 1
EASEMENT PLAT
S 34°01'06" E PIPELINE
58.49' P.0.C.
H WY STA. 328+02.14 PER DI V. OF
HWYS L.O. MAP 9617.
(P.O.B. DEED BOOK 400, PAGE 37
RECORDED APRIL 16, 1935)
o
� � T
COAST HIGHWAY 101 0.
EASTERLY P.O.T.
RIGHT—OF—WAY
N.C.T.D RAILROAD
WESTERL Y
T.P.O.B. RIGHT—OF—WAY
C)
SCALE: 1" = 10'
0 10 20
t� cp
INDICATES EASEMENT AREA
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
P.O.T. POINT OF TERMINUS
SAN DIEGUITO ENGINEERING, INC.
4407 MANCHESTER, SUITE 105
ENCINITAS, CA. 92024
�,% PHONE: (760) 753-5525
EXHIBIT `C-1'
LEGAL DESCRIPTION
ALL THAT PORTION OF LOTS 2 TO 12, INCLUSIVE, OF BLOCK 33, CARDIFF, MAP NO. 1298, LYING
EASTERLY OF THE STATE HIGHWAY AND HIGHWAY OPENING AS SHOWN ON SAID MAP, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF
SAN DIEGO, NOVEMBER 14, 1910, AN EASEMENT FOR TEMPORARY CONSTRUCTION
PURPOSES MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 100.00 FEET IN WIDTH, LYING 50.00 FEET ON EITHER SIDE OF THE
CENTERLINE DESCRIBED AS FOLLOWS:
COMMENCING AT HIGHWAY STATION 328+02.14 OF DIVISION OF HIGHWAYS L.O. MAP NO. 9617,
SAID POINT BEING THE POINT OF BEGINNING FOR DEED RECORDED APRIL 16, 1935, BOOK 400,
PAGE 37 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF COAST
HIGHWAY 101 SOUTH 34 001'06" EAST 58.49 FEET; THENCE CONTINUING ALONG SAID EASTERLY
RIGHT-OF-WAY OF COAST HIGHWAY 101 SOUTH 19°09'36" EAST 52.59 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RIGHT OF WAY OF COAST HIGHWAY
101 NORTH 56°33'39" EAST 13.49 FEET TO THE POINT OF TERMINUS, SAID POINT BEING ON THE
WESTERLY RIGHT OF WAY OF THE N.C.T.D. RAILWAY.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGATED OR SHORTENED SO AS TO
TERMINATE AT THE EASTERLY RIGHT OF WAY OF COAST HIGHWAY 101 AND THE WESTERLY
RIGHT OF WAY OF THE N.C.T.D. RAILWAY.
CONTAINS 1,349 SQUARE FEET, MORE OR LESS.
OAP` LAND
L�''c�\Q��1 G. �Y�
c SG�L
0 otn
Lj- fn
a No. 7442 0
Exp. 6-30-16
cq,I FORN�P
7
W�—ANDREW G. KAR S, PLS DATE
EXHIBIT 'C-2' SHEET 1 of 1
EASEMENT PLAT
S 34.01'06° E j TEMPORARY CONSTRUCTION
58.49' \ P.0.C.
HWY STA. 328+02.14 PER DIV. OF
\ HWYS L.O. MAP 9617.
s (P.O.B. DEED BOOK 400, PAGE 37
RECORDED APRIL 16, 1935)
do-
s
COAST HIGHWAY 101 /
EASTERL Y /// / P.O.T. GG
RIGHT—OF—WAY
<5
N.C.T.D RAILROAD
j WESTERL Y
T.P.0.B. j RIGHT—OF—WAY
j
/ O
/ '7- i
SCALE: 1" = 10'
0 10 20
INDICATES EASEMENT
T AREA /
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
P.O.T. POINT OF TERMINUS
SAN DIEGUITO ENGINEERING, INC.
�,•' 4407 MANCHESTER, SUITE 105
`..� ENCINITAS, CA. 92024
�,• PHONE: (760) 753-5525
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 the City Council of the City of Encinitas adopted on November 9, 1994
and the 9 rant cons to recordation thereof by its duly authorized officer.
""IAZ / 3 45�-
Glenn Pruim Date
Director of Public Works
City of Encinitas
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On /{ V&'n 1Ary o o Z0I S before me, Samantha Morrow, Notary Public
(insert name and title of the officer)
personally appeared Glenn Pruim ------------------------------------------------------------
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/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. SAMANTHA MORROW
Commission No.2087518 0
NOTARY PUBLIC-CALIFORNIA
WITNESS my hand and official seal. SAN DIEGO COUNTY
Commisson Fjrr%w s Mgr 9,201!
Signatur (Seal)