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2004-1180075 Recording requested by: 8 fry ~~ )1~ ) caJr ) ) ) ) ) ) DO. 2004-11 80075 1111111111/111111111111111111111111111111111111 11//11111/111111"'1111 .. City of Encinitas DEC 15, 2004 3:53 PM OFFICIAL RECORDS SÞ,N DIEGO COUNTY RECORDER'S OFFICE GREGOR'r' J. SMITH. COUNTY RECORDER FEES 0.00 OC: NA PAGES 5 When recorded mail to: City Clerk City of Encinitas ) 505 South Vulcan Avenue Encinitas, CA 92024 For the Benefit of the City 111111/11/1/11/1/11111111//011/ 0/111111/11/111111/ 011/1111 1111/ 011/11111111 SPACE ABOVE Fú~ ~r::vU~ur::~;:¡ u;:¡r:: UI'IIL T 4fT/; ;;:f Assessor's Parcel No. 260-266-11 GENERAL UTILITY EASEMENT ~tJ.tÐa AfiY TRANsFER TAX $ {} Project: 9103-G W.O. No.:03-125 Kent Dewavne Curl and SYlvia Curl; hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto the City of Encinitas herein designated Grantee, its successors and assigns, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable television, sewer, water, " storm drain, appurtenant facilities, and all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement and right-of-way by the Grantee, its successors or assigns. 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 above 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 as follows: See Exhibit "A" and Exhibit "B" attached hereto and made a part hereof by this reference. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement after acceptance by the City. The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of the general utilities easement provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee its successors and assigns. In granting its approval the Grantee, its successors and assigns, may impose reasonable conditions including, but not limited to, the filing by the contractor or Grantor of an adequate form of security, as approved by the City Engineer to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. G:\Tamara\Word\Easements\91O3-G, 03-125, 115 Verdi Ave, Curl, general utility easement, 11-12-04.doc - 8 8 Grantor, for himself, his successors and assigns, hereby waives claim for any and all damages to Owner's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said easement Dated this !<.f¡-Á.. day of í)ere M ~ ,2004. G~t2¿ Kent Dewayne Curl. V-~~ Sylvia Curl [Signature of GRANTOR must be notarized. Attach the appropriate acknowledgement] I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution 94-1-7of said Council adopted on November 9,1994 that the City of Encinitas accepts the foregoing Grant of Easement granted hereon, and con to re ion th f Y its duly authorized officer. Date: /2//?- /04 , / By: \\KRUSTy\VOLl\SHARED\ENG\Tamara\Word\Easements\91O3-G, 03-l25, 115 Verdi Ave, Curl, general utility easement, 11-12-04.doc . to , . 8 8 10/18/04 04-011 EXHIBIT 'A' LEGAL DESCRIPTION FOR GENERAL UTILl1Y EASEMENT ALL THAT PORTION OF LOT 'H', BLOCK 76, CARDIFF VILLA TRACT, IN THE CI1Y OF ENCINITAS, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1469, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y, AUGUST 10, 1912, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 5.00 FEET OF SAID LOT H. CONTAINS 600 SQUARE FEET, MORE OR LESS. -..- [ .' . SHEET 1 OF 1 EXHIBIT liB" b (\ /I N ~ ~ ~ I f I Lor 'j" API\); 280~ 28ó'~j2 ~ ----N§j:QD.:1J:JJ: 6/./8' - -----/~ 5' 1f10E GENERAL UTILITY I EASEMENT IN FA VOR OF : CITY OF Ð;CIN/T4S I I , I I I I~ 1<;::;; ¡; Ih 1§?5 If! I I I I I I ~ LOT "S" I API\!: 280- 288-7 / LOT JÍ!11 BLK 76 MAP! 469 LOT "J" Ap;\); 2fjO~2é/8~jO APN: 260-266-11 25' I I I I ò/ co III ì ç <. / 10/18/04 JOB No. 04-011 WN ENGINEERING aWARDS & BRa S LTING ENGINEEN'é'E SUITE 103 ~76~S~EWCAS'::-~"s~~~ CA, 92007 FAX 760/436-6603 CARDIFF BY T TEL. 760/436-6500 . 8 - CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT c - ~ - -:~,,-~;.~~~~=- I, }ss 0 personally known to me ~proved to me on the basis of satisfactory evidence I, to be the person~ whose nam~ ~are subscribed to the within instrument and acknowledged to me Nlat i'tefsnelthey executed the same in imfher/their authorized capacity~), and that by ~/their signature~ on the instrument the persor$), or the entity upon behalf of which the personíS) acted, executed the instrument. l I, I .. OFFICIAl - l. MONTES . NOTARY PlIU:.cAlfOAJM ¡p . . COMM. NO. J.t12t68 - . SAN DIEGO COUNTY ' UY COMM. EXP. , (, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I' Description of Attached Document I, I Title or Type of Document: Document Date: ,/// /" Signer(s) Other Than Named Above: // ,/ Capacity(les) Claimed by Signer / Signer's Name: /" I ~ ~ 0 Individual ~ 0 Corporate Officer - Title ~ 0 Partner - 0 Urn"ed Genem' ,. ~ 0 Attorney-in-Fact ~ ~ 0 Trustee ~ ~ g ~~~;.n Conse",.!o, ~ ~ . ne, Is Rep,esent;ng' I ~~~~ ~ ~~~~~~ ~~ ~~ ~ ~ ~ ~~~~~~~~ ~~~ ~~~~'Ç>'~ . Top of thumb here @ 1999 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402. Chatsworth, CA 91313-2402' www.nationainotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800.876-6827 - ,I . ~ I ,I ,I 'I 'I 'I J I I I I i ~ 1