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2021-205495Recorded at the request} of Corinthian Title ' •moo Zo�3 �' Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC#`` 2021-0205495 Mar 16, 2021 04:54 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $116.00 (SB2 Atkins: $75.00) PCO :YES PAGES: 10 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DOCUMENT TRANSFER TAX: _ 0 PUBLIC SEWER ACCESS EASEMENT Assessor's Parcel No: 262-073-31 Work Order No.: SI-120 Perrin D. Orr. Trustee of the Perrin Orr Zamarrippa Trust dated September 1, 2011 and as Amanriari harainnftar callari (;RANTr)R(C) nra tha nwnar(c) of tha raal nrnnarty in tha 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 and convey for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Sewer Access Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-55 adopted October 28, 2009, included as EXHIBIT "C" which is attached and made a part hereof, the real property described as follows: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR(S): Perrin Orr Zamarrippa Trust -J2aD, // -7 -Z4-7, a P rin D. Orr, Trustee Date( Signature of "GRANTOR(S)" to be notarized. Attach.the appropriate acknowledgments. Page 1 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM Doc: SD:2021 00205495-06073 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 grante Aonsents to recordation thereof by its duly authorized officer. Edward J.)KImyher Date City Engin er City of Encinitas Page 2 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM Doc: SD:2021 00205495-06073 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 } SS. County of v , On �o`Z ' O� ' 02� c�` ,before me, Notary Public, DATE personally appeared (31 C-6 t"y-tKVI,� , 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 COMM.. # 2206986 person(s) DEAGAY s acted, executed the instrument. � Z SAN DIEGO COUNTY Qq �' NOTARY PUBLIC-CALIFORNIAZ I certify under PENALTY OF PERJURY under the y MY COMMISSION EXPIRES - A AUGUST 23. 2021 laws of the State of California that the foregoing_ paragraph is true and correct. WITNE in hand and official seal. PLACE NOTARY SEAL IN ABOV 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) ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) U ATTORNEY -IN -FACT ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS ❑ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) APA 01/2015 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT s THUMBPRINT OF E s SIGNER o a 0 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIER-RA.COM (0 2005-2017 VALLEY -SIERRA INSURANCE Doc: SD:2021 00205495-06073 Page 3 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM i4ll-purpose Acknowledgment California 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 n_ County of On �< <� la°�e before me, .' 1, W" �' ��"'�� ,vV�� �f��`'� "(here insert name and title of the officer), - personally appeared - - �(1 — - — --- -- who proved to me'on the basis of satisfactory evidence to be the persons) 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 n001'°°°A°°°'°°""'°'°""""""'e Msignatures) on the instrument the person(s), or the entity upon = ANDREw W. Col SON R ". �s _�. 1F COMM. #224S121 behalf of which the person(s) acted, executed the instrument. NOTARY PUBLIC-GALIFORNIA 105 I I certify under. PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal WI NESS my hand, a d official seal. Signature' . For Bank Purposes Only Dee rinfinn of At+onhcrl r)Ari i + Type or Title of Document�7`•�. Document Date t�l -..-a Number of Pages Signers) Other Than Named Above Account Number (if applicable) II IIIIIRII�AIIII�I�lI�AIVII9111111IIISIGIIIIIId DSG5350CA/595577 (Rev 04 - 09/20) Page 4 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM Doc: SD:2021 00205495-06073 EXHIBIT A LEGAL .DESCRIPTION A STRIP OF LAND ACROSS A PORTION OF PARCEL 3 OF PARCEL MAP.:9624: IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,.STATE OF CALIFORNIA, RECORDED 1ANUARY 24, 1980 AS FILE.NO.'80-Md% IN THE OFFICE OF THE COUNTY RECORDER :OF SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 3 AND THE SOUTHEASTERLY SIDELINE OF MANCHESTER AVENUE (40' WIDE) PER -ROAD SURVEY 426-4; THENCE LEAVING SAID SIDELINE, SOUTH 26025'10" EAST:(S 26056-05" E PER:PM 9624), 206:34 FEET TO THE TRUE POINT:OF BEGINNING: THENCE ALONG A CURVE:CONCAVE SOUTHEASTERLY HAVING RADIAL BEARING OF SOUTH 29034'57" EAST THROUGH A.CENTR,AL ANGLE OF 85922'41", A RADIUS OF 24.00 FEET AND A LENGTH OF 3576 FEET, THENCE SOUTH 34012'15" EAST, 39.72 FEET TO THE BEGINNING :OF A CURVE..CONCAVE SOUTHWESTERLY- HAVING A RADIAL BEARING OF SOUTH 55047'45" WEST THROUGH A.CENTRAL ANGLE OF 19°21'33", A RADIUS OF 107.00 FEET AND A LENGTH 3.6.15 FEET, THENCE SOUTH 14056'37" EAST, 90.32 FEET, THENCE SOUTH 19.43'02"EAST, 97:02 FEET,:THENCE NORTH 26°25'10" WEST; 111.34 FEET, THENCE :NORTH :14'53'10" WEST, 77.91 FEET TO THE: BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIAL BEARING OF SOUTH 75009`18" WEST THROUGH .A CENTRAL ANGLE: OF 19°21'33"., A RADIUS OF 93.00 FEET AND A LENGTH OF 31.42 FEET, THENCE NORTH 34012'15".WEST,.39.72 FEET'TO . THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIAL BEARING OF SOUTH:55°47'45" WEST THROUGH A CENTRAL -ANGLE OF 89°49'29", A RADIUS OF 10.00 FEET AND A LENGTH OF 15.68 FEET TO THE WESTERLY:LINE OF PARCEL 3; THENCE NORTH_26°2S'10" WEST, 14.05 TEET TO THE TRUE POINT OF BEGINNING. \� V AREA::3,200.8 SQUARE: FEET APN: 262-073-31-00 iiaa Z466$• `' r.zl Page 1 of 2 Page 5 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM Doc: SD:2021 00205495-06073 \ ' , - G 23' WIDE - EXIST T AND 23' WIDE SEWER EASEMENT TO: \\ SEWER SEWER E ROBERT B. AILEY PER DOC75-309577 DATED. MAY 5, \ TO`THE ,SEMENT"' IrY OF 1975 AND QUITCLAIMED TO CARDIFF SANITATION . l� .. ESCONDI O, DISTRICT PER DOC. 76-047059:F,/P DATED 2/18/1976 \ \ REC MAY'25, 1972, ...:: I. N00°57'35"E 633.53" : F/P NO.11837 NO°46'44"E 30.00' --N89.°13'16"W :67,94' — — --- PARCEL B o EASEMENT FOR " c, SEWER P.URPOSE�., " w PROPERTY LINE RS.426 PM. 9624 11 TPOB oN PARCEL 3 155.02'• & APN 262=073-31=00 ,5 O 0 ; S00 5T"W 51 385.54' \ \ TPOB. QT . O �5 EXISTING FLQN/AGE EASEMENT: \ g2 ao O E aTO THE COUNTY OF SAN DIEGO II V. °,Ly:10. FLOOD CONTROL DISTRICT " ZONE 1' PER DOC. 80-026716 DATE::1-23-80 FEMA 100 YEAR P EI- �.. \ PARCELA FLOODPLAIN� PM 9 - EASEMENT FOR". , BOUNDARY' SEWER PURPOSES LEGEND. LEGEND - .. PROJ T TPRI Fq - . . PROJECT FOOTPRINT PARCELA. EXISTINO.ROW OR EASEMENT: SCALE: °-•'100' EASEMENT FOR: ..a AREARCL B = 403A SF . \ SEWER PURPOSES TOTAL AREA=:5280.6 SF PROPOSED NEW EASEMENT FOR SEWER, PURPOSES AREA PCL A=:3200.8 SF TOTAL AREA =, 4877.0 SF; AREA AREA PCL'B = 2079.8 SF PCL A = 3200.8 SF! m. NEW EASEMENT WITHIN .. .100-YEAR FLQOOPLAIN AREA PCL B —. 1676.2 SF b UU . . N., 24668 Infrastructure ,1g71�?'i PYNiRIr ..._ Pia• •Iv•-•. . 14VI Oanbleon Skoet r, �am�as'�o'.. :: .. .. .. .. ...... _ - :; .' : ... PLAT 2f CNtt.. . , . 6sa4i> rnr.ieeorporalion.ean' :. 1 OF 2 ahw-S ]9 - .. . Page 6 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM Doc:SD:2021 00205495-06073 PARCEL B COMMENCING AT THE MOST WESTERLY CORNER:OF SAID PARCEL 3 AND THE: SOUTHEASTERLY SIDELINE OF MANCHESTERAVENUE (40' WIDE) PER ROAD SURVEY 426-4, THENCE LEAVING SAID SIDELINE ALONG, THE WESTERLY LINE: OF SAID PARCEL 3, SOUTH 26025'10"_EAST (S 26056'05" E PER PM 9624), 492.15 FEET TO AN.ANGLE POINT IN SAID WESTERLY LINE, THENCE CONTINUING ALONG SAID WESTERLY LINE ... SOUTH 0°57'51 WEST,.155.02 FEET TO.THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALON.G..SAID WESTERLY LINE .SOUTH T57'51" WEST, -69 06 FEET,, THENCE LEAVING SAID WESTERLY LINE, SOUTH 10043'S4": EAST; 951 FEET, THENCE SOUTH 29059'57" WEST, 3.97 FEET TO THE WESTERLY LINE OF SAID PARCEL 3, THENCE SOUTH ALONG SAID WESTERLY LINE SOUTH . 0057,51" WEST, 34.69 FEET, THENCE LEAVING -SAID WESTERLY LINE SOUTH 38°1.7'23".EAST, 19.88 FEET TO THE NORTHERLY SIDELINE OF A 7-FOOT WIDE SEWER EASEMENT GRANTED TO ROBERT BAILEY, INC. PER DOCUMENT RECORDED MAY.:5, 1975 AS FILE/PAGE 75-309577 AND. QUITCLAIMED .TO CARDIFF SANITATION DISTRICT PER DOCUMENT RECORDED FEBRUARY 18, 1976 AS FILE/PAGE-NO. 76-047059, THENCE NORTH .51°42'37" EAST, 3.7.98 FEET, THENCE NORTH ' 38°17'23" :WEST, 29.32 FEET TO THE' BEGINNING OF A CURVE CONCAVE NORTHEASTERLY -HAVING A RADIAL: BEARING OF NORTH 51°42'37" EAST THROUGH A -CENTRAL ANGLE OF 27033'29", A RADIUS OF 50.00 FEET AND A LENGTH OF 24.05 . FEET, THENCE NORTH 10043'54" WEST; 65.05 FEET TO THE TRUE POINT OF BEGINNING. AREA:: 2,079.8 SQUAREFEET APN: 262-073-31-00 5 6 Date,. 10-22-19 Mo; 266 0tv11. �fi 0h Page 2 of 2 Page 7 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM Doc: SD:2021 00205495-06073 Page 8 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM Doc:SD:2021 00205495-06073 EXHIBIT "C" Terms and Conditions for Grant of Public Sewer Access Easement The grant of public sewer access easement made by the Grantor named in the easement document for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The public sewer access easement shall be for a perpetual easement upon, through, under, over, and across the hereinafter described real property for providing vehicular access to the public sewer facilities, installation, maintenance, repair, and replacement of paved surface, drainage ditches, and any flowage of surface runoff, perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed necessary by Grantee, to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement by Grantee, its successors or assigns and in addition thereto, to perform grading within said easement. Should a portion or entire said access easement be located within a paved driveway or access road for the benefit of Grantor's property, then the Grantor is responsible for installation and maintenance of the pavement within the said access easement. The !'_'� .,4--. .."-11 ..+... ...i +L... .,i .:i L.:... FL... ..+ i.. .:aL.,.a,...,.1 aL... VI aI1LU1 .711g11 co11JL1UL,L the pavement witI in LIIC access easement LU VVILIIALQIIU LIIC heavy truck loading that may be necessary to access the sewer or drainage easement. The Grantor shall not be responsible for damages to the pavement due to Grantee's maintenance or emergency truck traffic. Grantor is responsible for damage to pavement due to own use of the easement. To have and to hold said easement 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 by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described in the document granting the 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 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 within the above easement any building or structure of any nature or kind that will interfere with the use of said easement 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 Page 9 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM Doc: SD:2021 00205495-06073 continued use of the surface of said real property herein described, subject to the conditions above stated. This easement may be terminated in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the grant of sewer easement. Grantor agrees that Grantor's duties and obligations under this easement are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor to the extent allowed by law, any past due financial obligation owing to the Grantee by way of this easement. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, 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 easement the right to enforce this easement against the Grantor. Page 10 of 10 Requested By: agaeta, Printed: 4/20/2021 4:03 PM Doc: SD:2021 00205495-06073