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.