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2003-1503657 DOC # 2003-1503657 ?~ Recordin, Requested by: ) DEC 23. 2003 3:41 Pi"¡ City of E ncinitas ) ) OFFICIAl RECORDS When Recc rded, Mail to: SAN DIEGO COUNTY RECORDER'S OFFICE ~~ City Cle k ) GREGORY ,J. SliITH, COUNTY RECORDER City of E ncinitas ) FEES: 0.00 ~f ~ 505 Soutt Vulcan Avenue ) DC: Nfl Encinitas, CA 92024 ) For the b enefit of the Citv ) OÚ'P j¡pi Ut1\ ; 1~- o'{ J2;- SEWER EASEMENT ~ DOCUMENTARY TRANSFER TAX $ (, Assessor' s Parcel ProJect No. No. 264-2 2-24 W.O. No. ~S~ Stephen Carlstrom Sr. and Judith L Carlstrom husband and wife as 1 int tenants hereinaft r designated Grantor(s, owner(s) of the hereinafter described lands, for a valuable consideration, do(es) hereby GRANT an CONVEY to the City of Encinitas herein designated Grantee, a perpetual easement and right-of-way upon, through, under, 0" er and across the hereinafter described real property for the installation, construction, operation, maintenance, repair, eplacement, and reconstruction of SEWER pipe lines and/or m ins, manholes, sewer lateral pipe lines, and all structure incidental thereto, together with the perpetual right to remov buildings, structures, trees, bushes, undergrowth, flowers, nd any other obstructions interfering with the use of said eaSE ment and right-of-way by Grantee, its successors or assigns nd in addition thereto, to remove soil and other materials within said right-of-way and to use the same in such manner an :ì at such locations as said Grantee may deem proper, needful c r necessary in the construction, reconstruction and maintenan e 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 onvey said easement, or any portion of said easement, to other ublic agencies. The real ¡property referred to herein and made subj ect to said easement nd right-of-way by this grant is situated in the County of San Di go, State of California, and is particularly described as followE: See Exhi it "A" and Exhibit "B" attached hereto and made a part hereof b this reference. ~ The Grantors may, at their own risk, use the surface of the above describe 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 r grown thereon. The Gran ors hereby covenant and agree for themselves, their heirs, uccessors and assigns, that there shall not be construct d 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 asement and right-of-way by Grantee, its successors or assigns, r that will interfere with the ingress or egress along said ease ent by said Grantee, its successors or assigns. The Gra tee hereby covenants and agrees for itself, its successor and assigns, not to prevent the Grantors, their successor or assigns, from crossing over said real property and agrees t at the Grantors, their heirs, successors and assigns, may enjoy the continued use of the surface of said real property herein de cribed, subject to the conditions above stated; and the Grantee h reby covenants and agrees that after the installation of any pi e line by it in any excavation made by it in the above described easement and right-of-way it will backfill any such excavatio made by it so as to fill said excavation as nearly as practicab e to the level of the surrounding ground, and will replace a yoiled, asphalt or concrete surface with like material and will eplace any fence removed by it. Executed his Icl-tlt day of , 2003. By: Ij ~Té- /#é'-'"7; JI- (' (/",:<r¿<,7k?m ~ ' C! /) By: . ¿Vi /'j, (~fr~ , , /,/ /1 . c' . . . I- j /V/4/ ¿ C nYJ '.?':7J7rJ . ~. [Signature of OWNER must be notarized. Attach the appropriate acknowledg ment.J ALL-PURPOSE ACKNOWLEDGMENT State of Califor ia }ss Þ County of San Diego 03 Virginia Lee Sandberg On before me, , (DATE, . C I ~~ () personall y appe red ~h Uc r ( ar Sf;cg;Kr, ä ,J ~ L ~ r!SIfOl'1l\ 0 personally k own to me - OR - ~ 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 OFFICIAL SEAL the same In his/her/their authorized Vi~GINIA LEE SANDBERG capacity(ies), and that by his/her/their NOI¿¿~~)~~CJ~~~~~8RNiA ~ signatures(s) on the instrument the person(s), 3/\", DIEGO COUNTY MY caMM. EXP, MARCH 17.2007 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seaL ~ø-~~t- OPTIONAL INFORMATION The information bel w is not required by law. However, it could prevent fraudulent attachment of this acknow/, edgment to an unaut orized document. CAPACITY CLAIM D BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL '-SÞAiAØ?/ r.~Jh1j- 0 CORPORATE OF ICER TITLE OR TYPE OF DOCUMENT flTlEISO 0 PARTNER(S) 0 A1TORNEY-IN-F T NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CON ERVATOR DATE OF DOCUMENT 0 OTHER: OTHER-------- - SIGNER IS REPRESE TING: RIGHT THUMBPRINT [~~] NAME 010 PERSON", OR ENTJ YIIEs> OF ---- --- ---.-- SIGNER ----- ---~-- APA 51'" VALLEY,SIERRA. X<X).Jó2,)1óO GOVERNMENT CODE SECTION 27281 I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution of said Council, adopted n November 9, 1994, that the City of Encinitas consents ing of the foregoing Grant of Easement for Public Sewer accepts the easement granted thereon, and consents to ation thereof by its duly authorized officer. Dated: By: J_-- -~ Peter C ta-Robles, P.E. Directo of Engineering Services EXHIBIT "A" LEGAL DESCRIPTION THE NOR HEASTERL Y 6.00 FEET OF PARCEL 3 OF PARCEL MAP NO. 3581, IN THE CITY OF ENCINIT S, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THE OF FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUA Y 28, 1975. /~,..._.-. , EXllIBIT "B" SEWER EASEMENT PLA T A.P.N. 264-232-28 PARCEl. 1 OF PM 3581 " " A. N. 2fU-232-25 / 2OF " PM 3581 " / " I " / I " A.P.N. 264-232-24 I " / PARCEL :1 OF I PM 3581 I " I / " I " I I I I -1---- -------1----------- AP.N. 264-291-tJ8 P.N.264-291.()g LOT8OF LOT9OF MAP 11809 MAP 11809 ~ - - - - PR PERTY BOUNDARY N ~ i~ lCA TES EASEMENT l II PASCO ENGINEER I G 1"=50' tB5B' 259-8212 OJ, H. ""T 101, 5TE. A SOLAHA BEACH, CA 920 . PE 1180