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2006-505260 ....., e City ) ) ) ) ) ) ) ) ) DOC" 2006-0505260 111111/111111111111111111111///111111111111111111/11/11/1111111111/11/ ,}.JV, ^ Recording Requested by, I,\"'~~ ~ City of Encinitas ~~ When Recorded, Mail to, ~~~~~ ~ie~~cinitas ~ 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the JUL 18, 2006 3:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH CO UN T'!' RECCJFiDER FEES: 000 DC NA P,6.GES 7 u~\~~ ~~J II~~IIII~I~~IIIII SEWER EASEMENT Assessor's Parcel No. 259-231-43 Project No. CS 502 W.O. No. DCS 502 DOCUMENrARY TRANsFER TAX $ cJ ------...,.~ RICHARD PAT SINNETT AND DORIANA DEL CARMEN SINNETT, HUSBAND AND WIFE, AS JOINT TENANTS hereinafter designated Grantor (s). owner (s) of the hereinafter described lands, for a valuable consideration, do(~s) hereby GRANT and CONVEY to the City of Encini tas, a Municipal Corporation (Cardiff Sanitation District) herein designated Grantee, 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, together with the perpetual right 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 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. 'fIIC.-, l . e e , . , 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 forthemsel ves, 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. Executed this ~day of OWNER: By: By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] I . e . . . r e . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 590~ State of C 1\\~N J fr County of 5 ~N D'l:=f C'l On '5/IJ.Jrx, before me, Li:5":-. ~.:.9~;Go. personally appeared tC.hARd -Rrt-~~wGti tJ t . ~ NAME(SIOF SlGNER(SI o personally known to me - OR - Q( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~ subscribed to the within instru and ac- knowledged to me that he! etthey xecuted the same in his/her e uthorized capacity(ies), and that y his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a.a_. '1~Jl,.I'" ~1UIIIo.~. Ill. .....~ attCalMl........ wrTN and official seal. /"J OPTIONAL Though Ihe data below is not required by law. it may prove valuable to persons relying on Ihe document and could prevent fraudulent reattachment of Chis fonn. CAPACITY ClAIMED BY SIGNER o INOMOUAl o CORPoRATE OfFICER DESCRIPTION OF ATTACHED DOCUMENT 1l1lE(SI SEWeR f:fYf3l:mEnJt nTlE OR TYPE OF DOCUMENT o PAR1NER(S} " OUMrTEO o GENERAl o ATTORNEY-IN-FACT o TRUSTEE(S} o GUARoIANtcoNSERVATOR OOTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESeHrING: NIlEOf' fERSON(SJ OR 9R11Y(lES) SIGNER(S} OTHER THAN NAMED ABOVE 01993 NAllONAl. NOTARY ASSOCIATlON. 8236 Remme<< Ave., P.O. Box 7184 . Canoga Pad<, CA. 91309-7184 e GOVERNMENT CODE 27361.7 ~. I CERTIFY UNDER PENAL TV OF PERJURY THA TTHE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: . Name of the Notary: ?/5,4 . '\. T C74/,o5~ Commission Number~ /~#~{/'f? Date Commission Expires: /P~ 2~ ?a:JcS ./ County Where Bond is Filed: ~~V/F60 Manufacturer or Vendor Number: #/}/ ~ ./ (Located on both sides of the notary seal border) Signature: @j;[{tJ ~w Fi Name (if applicable) Place of Execution: @?? ~5; f1-oate: 'l- A :- CJ r;::; Ree. Form IR10 (Rev. 7/961 e e . '. GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant to the Cardiff Sanitation District, is hereby accepted by the undersigned agent on behalf of the Cardiff Sanitation District pursuant to authority by Resolution of the Board adopted on March 20, 1979 and the grantee consents to recordation thereof by its duly authorized officer. Dated: 71 /1 e /()~ , , ~ (1. (2l By: Peter Cota-Robles, P.E. City Engineer City of Encinitas , . e e EXHIBIT "A" SEWER EASEMENT APN 259-231-43 AN EASEMENT FOR SEWERLINE PUROPSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 15.00 FEET WIDE LYING WITIllN THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 1479, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY APRIL 26, 1973, THE WESTERLY LINE OF SAID STRIP DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE MOST SOUTHERLY LINE OF SAID PARCEL 3, SAID POINT BEING 5.00 FEET WESTERLY OF MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID PARCEL 3; THENCE PARALLEL WITH SAID EASTERLY LINE AND THE NORTHERLY PROLONGATION THEREOF NI6011'17"E (N15044'30"E RECORD) 146.93 FEET TO THE POINT OF TERMINUS IN THE NORTHERLY LINE OF SAID PARCEL 3. THE EASTERLY LINE OF SAID STRIP TO BE PROLONGED OR SHORTENED TO BEGINNING THE SOUTHERLY LINE OF THE PANHANDLE PORTION OF SAID PARCEL 3 AND END IN THE NORTHERLY LINE OF SAID PARCEL 3. 1\ . . . . . . . APN 269-281-~ I ~ APN 259-2:31-:38 PARCEL 2 PM 1~9 I ~ PARCEL 1 PM 1349 N72 -44 '08 'W I N72 -44'OB1i --- -- -- \ I I '"' I . I ~ I I en ~~ - ~~ I 0'1 - ~~ - - ~~ I ~ ~P! '-I ~P! ~~ I ~I~ ~ U:I l\) I I m~ e Ol q)~ (J) - -':\1 i I I~ ~~ 111 I ~~ I :i & ~ ...... ~ I - I t\) ~ I () ffi ~~ g - I N72 -44 '09 "W ~(J) m -- S!rtt ~~ ~q~ ~ N72 -44 '09li :::~ ;~b -- ~ ---\ ~ ~~IUI c:.o~ - [\):\1 U1 ~;" ~ Ci<: g ):. ...... ~!'1 i w - ---\ 01. hi