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2016-465200 DOC# 2016-0465200 111111 VIII VIII IIIiI 1111 111111 11111 11111 lllil 11111 11111 11111 1111 1111 Recording Requested by: ) Sep 06, 2016 03:58 PM City of Encinitas ) OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER When Recorded, Mail to: ) FEES $0.00 City Clerk ) PCOR. N/A PAGES 12 City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) For the benefit of the City ) SPACE ABOVE FOR RECORDER' S USE ONLY SEWER EASEMENT Assessor ' s Par 7 No. 261-191-0404 CITY OF ENCINITAS,A MUNICIPAL CORPORATION hereinafter designated Grantor (s, owner (s) of the hereinafter described lands, for a valuable consideration, does hereby GRANT and CONVEY to the San Elijo Joint Powers Authority, herein designated Grantee, 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 Outfall pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental thereto, together with the perpetual right to remove 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 County of San Diego, State of California, and is particularly described as follows : See Exhibit "A" and Exhibit "B" attached hereto and made a part hereof by this reference . The Grantors may 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 . r� Executed this day of 20 / 6 GRANTOR: City of En c . itas By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement . ] GOVERNMENT CODE SECTION 27281 ALL-PURPOSE 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 SGyN D� eao } SS. On 201 6 before me, 4,ncGe mor Notary Public, DATE personally appeared y1 n Pr Ui Yv-i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re subscribed the within instrument and aclrn Ne ged tome tha e/he/they executed the sam Is er/their authoriz capacity(ies), and that by is her/their signature(s) on the instrument the pers n(s), or the entity uponbehalf of which the ANGELA A. SIMON person(s) acted, executed the instrument. N Comm.12009314 'p NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY — I certify under PENALTY OF PERJURY under the MY Comm UP MAR_z.:olT laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. "t/L PLACE NOTARY SEAL IN ABU%E SPACE NOTARY'S SIGNATURE 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 ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS F] OTHER: OF DOCUMENT OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSONS)OR ENTITYUESI THUMGBF RINT i SIGNER - APA012015 NOTARY BONDS.SUPPLIES AND FORMS AT IFITP WWW.VALLEY-SIERRA(OM '2005-2015 VALLEY-SIERRA IN SURAN('F I certify on behalf of the Board of Directors of the San Elijo Joint Powers Authority, pursuant to authority conferred by Restatement of Agreement, adopted on June 25 , 2008 , that the San Elijo Joint Powers Authority accepts the easement granted hereon, and consents to the recordation thereof by its duly authorized officer. Dated: �, 7 2olw -off By: Michael T. Thornton, P. E . General Manager / Secretary of the Board San Elijo Joint Powers Authority ALL-PURPOSE 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 Sa I iut o 2 SS. On /��YJ 3 ZD I( before me, )))C ra� C � 0Ot Notary Public, DATE personally appeared Aj; Lhae TtAo r n4nn ' who proved to me on the basis of satisfactory evidence to be the personO whose name(s) is/are subscribed to the within instrument and acknowledged to me that heishe4ltey executed the same in his/herHtheir authorized capacity(ies4, and that by his/hof4their signatureV) on the instrument the person(,0, or the entity upon behalf of which the personv acted, executed the instrument. GABNIEL G.DATTE COMM. #2157462 z I certify under PENALTY OF PERJURY under the Notary Pn�iit Cefrb" o laws of the State of California that the foregoing Z San Diego C.ouMY I Cortm.Ex ires3ule2t,20?A paragraph is true and correct. WITNESS my hand and official seal. C btte� L, Jo, k PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S SIGNATURE 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 $e�y,y r 1E CORPORATE OFFICER TITLE WTY4 OF DOCUMENT PARTNER(S) TITLE(S) 3 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR n SUBSCRIBING WITNESS 3O Zt7 (k DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER(PRINCIPAL)IS REPRESENTING: RIGHT NAME OF PERSON(S)OR ENTITY(IES) THUMBPRINT OF SIGNER o APAOL2015 NOTARY BONDS,SUPPLIES AND FORMS AT HTTP:,WWW.VALLEY-SIERRACOM L 2005-2015 VALLEY-SIERRA INSURANCE EXHIBIT"A" LEGAL DESCRIPTION VESTING: CARDIFF SANITATION DISTRICT APN:261-191-04 PERMANENT EASEMENT THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED IN GRANT DEED TO THE CARDIFF SANITATION DISTRICT RECORDED OCTOBER 18, 1956 AS BOOK 6305 PAGE 93 OF OFFICIAL RECORDS OF SAID COUNTY, BEING A 50.00 FOOT WIDE STRIP, 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 26,TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AS SHOWN ON RECORD OF SURVEY NO. 5928 RECORDED AUGUST 7, 1961 AS FILE NO. 135364 IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY; THENCE ALONG THE WEST LINE OF SAID SECTION 26 SOUTH 00°03'05"WEST(NORTH 00°27'39"WEST PER ROS 5928)430.13 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF MANCHESTER AVENUE AS SHOWN ON SAID RECORD OF SURVEY,AND A POINT ON A NON-TANGENT 710.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL FROM SAID POINT BEARS SOUTH 03 059'12" EAST; THENCE ALONG SAID RIGHT-OF-WAY,WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0 029'23"AN ARC LENGTH OF 6.07 FEET; THENCE SOUTH 85 031'25"WEST 50.40 FEET TO THE BEGINNING OF A 790.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°34'20"AN ARC LENGTH OF 104.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 16°47'55"WEST 132.40 FEET TO THE BEGINNING OF A 1500.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62°47'07"AN ARC LENGTH OF 1643.71 FEET; THENCE SOUTH 79°35'02"WEST 446.28 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF XI-SD-2-A, BEING 50.00 FEET EAST OF THE CENTERLINE AS SHOWN ON CALIFORNIA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP LO 9615,AND THE TERMINUS OF SAID CENTERLINE OF A 50.00 FOOT WIDE STRIP. THE SIDELINES OF SAID 50.00 FOOT WIDE STRIP TO BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID SOUTHERLY RIGHT-OF-WAY OF MANCHESTER AVENUE ON THE NORTH END AND SAID EASTERLY RIGHT-OF-WAY OF XI-SD-2-A ON THE SOUTHWESTERLY END. PERMANENT EASEMENT PARCEL 2 THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED IN GRANT DEED TO THE CARDIFF SANITATION DISTRICT RECORDED OCTOBER 18, 1956 AS BOOK 6305 PAGE 93 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 26,TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AS SHOWN ON RECORD OF SURVEY NO. 5928 RECORDED AUGUST 7, 1961 AS FILE NO. 135364 IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY; THENCE ALONG THE WEST LINE OF SAID SECTION 26 SOUTH 00 003'05"WEST(NORTH 00 027'39"WEST PER ROS 5928)430.13 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF MANCHESTER AVENUE AS SHOWN ON SAID RECORD OF SURVEY,AND A POINT ON A NON-TANGENT 710.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY,A RADIAL FROM SAID POINT BEARS SOUTH 03°59'12" EAST; THENCE ALONG SAID RIGHT-OF-WAY,WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°29'23"AN ARC LENGTH OF 6.07 FEET; THENCE SOUTH 85°31'25"WEST 50.40 FEET TO THE BEGINNING OF A 790.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 030'08"AN ARC LENGTH OF 20.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY AND SAID CURVE 1030'08"AN ARC LENGTH OF 20.71 FEET; THENCE NORTH 85 031'25" EAST 24.40 FEET TO THE EASTERLY LINE OF THAT EXCEPTION PARCEL DESCRIBED IN GRANT DEED TO DOME LIMITED RECORDED MARCH 9, 1965 AS FILE/PAGE NO. 41140 OF OFFICIAL RECORDS OF SAID COUNTY, BEING A NON-TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO WHICH BEARS NORTH 82°01'35" EAST; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY, SOUTHERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 21°10'02"AN ARC LENGTH OF 36.94 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 0 000'00"WEST 43.32 FEET; THENCE NORTH 0°00'00" EAST 33.54 FEET TO SAID SOUTHERLY RIGHT-OF-WAY AND THE TRUE POINT OF BEGINNING. CONTAINING 0.104 ACRES MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT"B" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL SCHLUMPBERGER, PLS 7790 EXHIBIT " B " MgNCH w T 9 PvE saN Eu✓o TFR _ A UE .Z IEAI o 1 £ - PROJECT Lz cacooN LOCATION APN: 261-191-03 APN: 261-191-04 COUNTY OF SAN DIEGO CARDIFF SANITATION BOOK 6305 TRICT E 93 VICINITY MAP NO SCALE Q // DENOTES AREA OF PERMANENT EASEMENT ACQUISITION. 0.104 ACRES MORE OR LESS. I � `�YOZ s APN: 261-191-07 S� -4 �` STATE OF CALIFORNIA 0 1 $ 01 n� -ct .p 2 �E� LAND SL SCHLU,yA�G�L = eF� °� 500' 0 500' U 5 No. 7790 A 2 7 I.,, Exp. 311 � GRAPHIC SCALE 9rF OF CA��FO� 1 INCH = 50OFT. THIS MAP WAS PREPARED BY ME OR UNDER NOTE: DATA SHOWN HEREON IS MY DIRECTION IN CONFORMANCE WITH THE BASED ON RECORD INFORMATION. PROFESSIONAL LAND SURVEYOR'S ACT. SAN ELIJO JOINT POWERS AUTHORITY MICHAEL L. SCHLUMPBERGER DATE Right—Of— Pay Engineering Services, Inc. VESTING: CARDIFF SANITATION DISTRICT Land Surveying 615 South Tremont Street • Oceanside, CA 92054 (760) 637-2700 row®roweng.net Job no.: 1503-0007-11 DATE: FEBRUARY 29, 2016 SHEET 1 OF 5 EXHIBIT " B " P.O.C. CURVE DATA WEST 1/4 COR. SEC. 26 Cl A=0'29'23" R=710.00' L=6.07' C2 A=7'34'20" R=790.00' L=104.41' C3 A=1'30'07" R=790.00' L=20.71' LINE DATA ;.� L7 S 85'31'25" W 50.40' 0 M a 3 �n 0 in 0 APN: 261-010-13 0 SAN ELIJO JOINT POWERS N AUTHORITY MA/vo Fs AVENUE Cl T.P. B. T.P. L1 C2 C3 �� w 3 O _ ,aj o SEE SHEET 5 ® D _ io�'� �I A APN: 261-191-04 DENOTES AREA OF PERMANENT i CARDIFF SANITATION EASEMENT ACQUISITION. I DISTRICT 0.104 ACRES MORE OR LESS. 0© 100' 0 100 n APN: 261-191-03 v COUNTY OF SAN DIEGO GRAPHIC SCALE F/P NO. 82-345977 O.R. 1 INCH = 100 FT. moo° O SEE SHEET 5 FOR EASEMENT INFORMATION o I NOTE: DATA SHOWN HEREON IS BASED ON RECORD INFORMATION. �ry SAN ELIJO JOINT POWERS AUTHORITY VESTING: CARDIFF SANITATION DISTRICT SEE SHEET 3 DATE: FEBRUARY 29, 2016 SHEET 2 OF 5 ID o / EXHIBIT " B" SEE SHEET 2 II / w / J Q U N APN: 261-191-03 I / COUNTY OF SAN DIEGO r r F/P NO. 82-345977 O.R. r1JJ JJ�J / / / I � I pp V OOSI ELMO L0000S] � APN: 261-191-07 / / STATE OF CALIFORNIA / F/P NO. 77-211013 O.R. / / NOTE: DATA SHOWN HEREON IS BASED ON RECORD INFORMATION. w SAN ELIJO JOINT POWERS AUTHORITY N w ® VESTING: CARDIFF SANITATION DISTRICT w DENOTES AREA OF PERMANENT N O SEE SHEET 5 FOR EASEMENT INFORMATION 01M ACQUISITION. 04ACRESMORE OR LESS. DATE: FEBRUARY 29, 2016 1 SHEET 3 OF 5 NOTE: DATA SHOWN HEREON EXHIBIT " B " BASED ON RECORD INFORMATION. R l 11 N I w Q / p v I v H r_ o ? I W Ld X v s V) 0 oNp z w 1 N y W U) � 0 y N o ��✓ 164 N 8.1500.00, U, o � 1 a � w so z v J 0 N rn� C w i SAN ELIJO LAGOON oo I N o y y CONSERVANCY n Z oZ APN: 261-190-49 O _ N m` 2002-1197849 N A moo w � D N = m N� o Z SAN ELIJO JOINT POWERS AUTHORITY I ® VESTING: CARDIFF SANITATION DISTRICT SEE SHEET 5 FOR DENOTES AREA OF PERMANENT EASEMENT INFORMATION EASEMENT ACQUISITION. 0.104 ACRES MORE OR LESS. DATE: FEBRUARY 29, 2016 SHEET 4 OF 5 EXHIBIT " B " EXISTING EASEMENTS (Z) RIGHT OF ENTRY TO THE CITY OF QI OF 20' WIDE EASEMENT TO SOLANA ESCONDIDO REC. 3/13/1972 AS BEACH SANITATION DISTRICT AND F/P 72-91540 AND CARDIFF SANITATION DISTRICT REC. PIPELINE EASEMENT TO THE CITY 3/9/1965 AS F/P 65-41131 O.R. OF ESCONDIDO REC. 4/23/1974 AS F/P 74-103048 O.R. rL OF 15' WIDE EASEMENT TO SOLANA BEACH SANITATION DISTRICT REC. QB PUBLIC ACCESS EASEMENT 3/9/1965 AS F/P 65-41132 O.R. REC. 11/26/1986 AS F/P 86-549238 O.R. PUBLIC UTILITY EASEMENT TO SDGE © UNDERGROUND PIPELINE EASEMENT REC. 5/27/1992 AS DOC#1992-0321241 TO THE CITY OF SOLANA BEACH REC. 6/22/2007 AS DOC# © WASTEWATER PIPELINE EASEMENT TO 2007-0422720 THE CITY OF SOLANA BEACH REC. 5/14/2010 AS DOC#2010-0244244 QD (L OF 20' WIDE CARDIFF SANITATION DISTRICT EASEMENT RESERVED IN DEED OF 15' WIDE EASEMENT TO SOLANA REC. 3/9/1965 AS F/P 41140 BEACH SANITATION DISTRICT AND CARDIFF SANITATION DISTRICT REC. (1) 25 YEAR LEASE TO THE STATE OF 3/9/1965 AS F/P 65-41131 O.R. CALIFORNIA FOR SAN ELIJO LAGOON PUBLIC ACCESS REC. 8/28/1986 AS © q OF 15' WIDE EASEMENT TO SOLANA F/P 86-0375290 BEACH SANITATION DISTRICT AND CARDIFF SANITATION DISTRICT REC. (Z) EASEMENT TO SDGE 3' EACH SIDE OF 2/17/1970 AS F/P 70-29482 O.R. ALL FACILITIES INSTALLED BY MAY 14, 2009 AND 8' IN FRONT OF TRANSFORMER DOORS REC. 8/5/2008 AS DOC#2008-0417656 © 40' ROAD EASEMENT TO THE COUNTY OF SAN DIEGO REC. 6/6/1901 IN BOOK 311, PAGE 113 OF DEEDS. UNABLE TO PLOT QH (L 24' WIDE UTILITY, INGRESS AND EGRESS EASEMENT TO SDG&E REC. 1/17/1917 IN BOOK 730 PAGE 9 x130'07' R=790.00' T.P.O.B. L=20.71' N85'31'25'E PARCEL 2 24.40' w N82.Q1.35"E(R) I o I DENOTES AREA OF PERMANENT A--21'10'02" EASEMENT ACQUISITION. --°p to I I R=100.00' 0.104 ACRES MORE OR LESS. L=36.94' 0o n S7648? Z 3` EAR SAN ELIJO JOINT POWERS AUTHORITY 43.32' S90'00 00 W APN: 261-191-04 CARDIFF SANITATION DISTRICT VESTING: CARDIFF SANITATION DISTRICT DETAIL 1"=30' DATE: FEBRUARY 29, 2016 SHEET 5 OF 5