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2023-215653Recording Requested By: City of Encinitas When Recorded Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 DOC# 2023-0215653 Aug 09, 2023 10:42 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES- $0.00 (SB2 Atkins- $0.00) PAGES: 8 SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY DOCUMENT TRANSFER TAX: $0 PUBLIC SEWER EASEMENT APN: 261-062-07 Address: 2155 Manchester Ave. Case#: 14-287 DR/V/CDP Plan #: LDEV-010345-2020 Ali A. Hosseini, a married man as his sole and separate propeL, 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 53 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. G TOR(S): �Owner 2 Ali A. Hosseini, Date 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 the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. ill T. Bankston Date City Engineer City of Encinitas 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 sc�_V"j 1 � C SS. On C� Z L7 , before me, \ �'' it ffX0 V) , Notary Public, DATE �n personally appeared ' 1 61 "0551e_'k'n , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)&Ie subscribed W the within instrument and ac ledged to me tha e she/they executed the sam n h' her/their authorized capacity(ies), and that by i /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OF ,r ANGELA.A. SIMON I certify under PENALTY OF PERJURY under the MY PiWC--3627944 cWFO _N laws of the State of California that the foregoing SM Mr cow. ESP. Uyr�Y7,, 2026 paragraph is true and correct. -------------- WITNESS my hand and official seal. 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 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ SUBSCRIBING WITNESS DATE OF DOCUMENT ❑ OTHER: OTHER ' SIGNER (PRINCIPAL) IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S) OR ENTITY(IES) OF 7 SIGNER o a 0 APA 01/2015 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://W W W. VALLEY-SIERRA.COM 0 2005-2017 VALLEY -SIERRA INSURANCE EXHIBIT' d'App LEGAL DESCRIPTION: THE FOLLOWING DESCRIBED REAL PRCIPERTY IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA: LOT 33 AND 34 IN BLOCK 29 OF CARDIFF, ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON NOV. 14,1910. APPROXIMATE AREA: 5000,0 S,F. MORE OR LESS. ASSESSOR'S PARCEL NO. 261-062-07-00 A. 0 (EX P, -31 - v tj, zl)c A STRIP OF LAND 5' WIDE OVER THE SOUTHERLY 5' OF SAID LAND DESCRIBED IN EXHIBIT °'A" MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORDER OF SAID LAND DESCRIBED IN EXHIBIT "A" THENCE, FROM THE POINT OF BEGINNING, ALONG THE SOUTHERLY LINE OF SAID LAND N 59 DEGREES .'12" E FOR A DISTANCE OF 99.99 FEET, TO A POINT OF TERMINUS, ON THE EASTERLY LIME OF SAID LAND, THENCE N 30 DEGREES 39 19" W FOR A DISTANCE OF 5.00 FEET, ALONG THE EASTERLY LINE OF SAID LAND THENCE S 59 DEGREES 21'12" W FOR A DISTANCE OF 99.99 FEET, ALONG THE NORTHERLY LINE OF THE SAID 5' WIDE SEWER EASEMENT TO A POINT OF TERMINUS ON THE WESTERLY LIFE OF SAID LAND, THENCE S 30 REGRESS 39'18" E FOR A DISTANCE OF 5.00' TO THE POINT OF BEGINNING. APPROXIMATELY 499.96 S.F. MORE OR LESS. EASEMENT SHOWN CAN PLAT OF EASEMENT EXHIBIT "C" ml EMMff "C" SHEET 1 017 1 SWEET PUBLIC SEWER EASEMENT LINE BEARING DISTANCE Ll N 59*21'12" E 99-99, L2 N 30*3858" W 5.00' 0 S 59*21'12" W 99-99' L4 S 30'39"18" E J_ 5.00'j AREA OF EASEMENT APPROK, 499.96 S.F. r vr)O DESCRIP77(W PER M01, v MANCHESTER AVE.- R/W S 30 39' 18" E R/W A 777, 'IT' P/1 PlO.R-Z S1 7E 2155 MANCHES7FR A VE. ENCINITAS, CA 92007 5.00!., APN. 261-062-07 CIO to NA TCH, LINE APN. 261-062-34 m A, AW 261-062-34 0 D 0 EXP -3 L 1,5- MATCH UNE MA TH LINE �i��"`P7c' CL Ol SC, A L E. 1 10*4 DA TE- 1-26-21 S30 S 30 39'19" E G.A. C. ENGINEERING and LAND SURVEYING 27475 Ytw road #294, TEMECULA CA 92591 Voice: 760,594-4889 Email: gcatidiff. gac(w7_gmad,com EXHIBIT ADI) 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 Califo,rnia, 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.