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.
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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
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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
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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)
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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
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\ ' ,
- 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
-
.. .
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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
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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
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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.
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