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2006-726691 wr1 ~ ~\/) }v e DOc:8 2006-0726691 111111I11111111111111111111111I11111I1111111111111I1111111111111111III Recording requested by: City of Encinitas ) ) r6 ) 7[/ oCAI!f !~ ) ) ) When recorded mail to: OCT 12, 2006 1 :54 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 DC NA PAGES 7 City Clerk City of Encinitas ) 505 South Vulcah Avenue Encinitas. CA 92024 For the Benefit of the City 8947 PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT Assessor's Parcel No. 216-071-16 W.O. No.:04-171. 0064-G JoseDh G. Stahovich and Marcia Stahovich. husband and wife as ioint tenants: hereinafter designated Grantor(s) do(es) hereby grant unto the City of Encinitas herein designated Grantee, its successors and' assigns, a perpetual easement upon. through, under. over and across the hereinafter described real property for pedestrian access and use, for drainage, and for the installation, construction, maintenance, repair, replacement, reconstruction and inspectiQp 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 by the Grantee, its successors or assigns. To have and to hold said easement unto itself and unto its successors and assigns forever together with the right to grant said easement, or any portion of said easement, to other public agencies. . The portion of real property referred to above and made subjeCt to said easement by this grant is situated in the City of Encinitas, County of San Diego, State of Callfornla, and is particularly described as follows: 4. See Exhibit "A" and Exhibit "B" attached hereto and made a part hereof by this reference. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land at any time, in any manner and for any purpose provided it dqp not interfere with the right and privilege of use granted to the Grantee, Its successors and assigfls. , , , " e e 8948 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, oonstrucli6n, landsca Ing or malntenan~en~ Marcia Stahovich, Grantor ,- oS - 0(, q,- ~-DCf Date Date Signature of Owner to be Notarized. Attach Appropriate All-Purpose Notary Acknowledgement. I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution 94-1-70fsaid Cpuncil adopted on November 9, 1994 that the City of Encinitas accepts the foregoing Grant of Easement granted hereon, and consents to recordation thereof by its duly authorized officer. ^, II J ~. Date: /0/1' lOt:. By: ~ ~ ~ Peter Cota-Robles Director of Engineering Services , I e e 8949 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~._._._. .~~._._._._._.. before me, WIlterE. "-"cIa -...,f1dJIic , ~e7'~ ~~r(e.gJ~~t;/~I~)V f '?.if A .J A A ,.. Na~ of Signer(s) " ~ c:::n- 1,'rr;c..<44 j~ -1"",J€>t)r State of California County of S40J D I' € c.. <> orSepi:. ~ ;z. f)SJ 10, Date personally appeared }~ WITNESS my hand and official seal. ~~ 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 andJl1jttaCh/lnt of this form ;7/~r ~~ _ 'l!) 7 I _ / & Description of Attached ~4l)lent "A- ce- c.., Title or Type of Document: -f~P e-.J7~iA"'''' A-Ce~J' .' J) It A-/ /V """p. ~ Document Date: ~" r: F/ c;7 ~ C) 6 Number of Pages: -? ~a- - - - ==l-t i NotaIY N:lIC . CaIIIomIa ~ 2 San DIegO CountY 1 i _ _ _ ~~:~~9:.~ Place Notary Seal Above Signer(s) Other Than Named Above: o personally known to me or ~proved to me on the basis of satisfactory evidence Itobe the person(s) whose name(s) ialare subscribed to the within instrument and acknowledged to me that h9i.iAel'they executed the same in histAeAltheir authorized capacity(ies), and that by hisLb8rltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Capaclty(ies) Claimed by Slgner(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: v ( e e 8950 Loan #: 5"- ~3~ ""13 Consent of Lienholder Wells Fargo Bank:. National Association. successor by merger to Wells Fargo Home Mortgage. Inc., ("Lienholder"), hereby consents to the grant of the foregoing Pedestrian Access. Drainage. and General Utility Easement by Joseph G. Stahovich and Marcia Stahovich. husband and wife to the City of Encinitas and, joins in the execution hereof solely as Lienholder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non- judicial proceedings, the same shall be sold subject to said Pedestrian Access. Drainage. and General Utility Easement. SIGNED AND EXECUTED this ~day of October. 2006. Wells Fargo Bank:, N.A. BY:~~ I.;(' ~ Lorna L. Slaughter Vice President STATE of MARYLAND COUNTY of WASHINGTON BEFORE ME, the undersigned authority, on this day personally appeared Lorna L. Slaughter. Vice President, of Wells Fargo Bank:, N.A., known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Bank:. GIVE UND R MY HAND AND SEAL OF OFFICE THIS ~day of October.2006 "" ,',.......", ..."~.., M"l. ~.. ,'''. 8. '" ~.. .......... ~,..'4': $ ..- ....~-~ ... . 0'" . -, ~ :'~... ~ 'Jeth '. ~ :~: 'TJ- ~ : : )i : ....... : : :cn~ A) :"': -~.~. '~- ~~... V'8L\G /~i ~ ~'. ~. ~ .:- ',~~.......... ~.. ""1 'IV CO\S "".. 11""."",' My commission expires: 8-29-2009 . ~- ,,~ e e 8951 EXHffiIT "A" GENERAL UTILITY, DRAINAGE AND PEDESRTIAN EASEMENT LEGAL DESCRIPTION AN EASEMENT FOR GENERAL UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE EASTERL Y 5.00 FEET OF THE WESTERL Y 25.00 FEET OF LOT 23 OF AVOCADO ACRES NO 3, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2063, RECORDED OCTOBER 3, 1927 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE ARC OF A 45.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY THE CENTER OF SAID CURVE BEING THE CENTER OF THAT CUL-DE-SAC AS SHOWN ON PARCEL MAP NO. 18250 RECORDED MAY 6, 1999 IN THE OFFICE OF THE SAID COUNTY RECORDER. ". - '. . 7 ~ - wN -1 ~ j PARCEL 3 PARCEL MAP 18250 EXHIBIT liB II GENERAL UTILITY, DRAINAGE AND ''p. PEDESTRIAN /j', ~ EASEMENT ~ "~"~ ~ ~ 27.00' I 20.00' 5.00 ' I ~.. in~~ (T)VjC\J ~/j~ ;~~ U1~U1 ;(1; ~~Vj~ o 0 z z ~ "~~e.~ ~.. ;t)>) "" ..Y<? " "'-..Iy o IT z <( o H IT W J: U) ~~~~~~~ INDICATES DEDICATION AREA (T) C\J (T) I--<.D 00 .....JC\J ITa.. 0<( a..:L R=45. 00' I A=11. 97' I '" 15.14'31" / , ..... / I I / I I / I I / I I / I I PE 1164 W , t . e e . ' ................................................................................~....................... . . . . . . . CALlFORN1A ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego } ss On 'OeI- It, uo" . before me, Randa G. MiIliour. Notary Public, personally appeared Peter Cota-Robles, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ~~f&-~~ . Ran a G. Milljou . 113.1. G:;u:,oo. R.'. ; ......1"89205 ~ ~=~~ Mr _- .1007 Place Notary Seal Above OPTIONAL j Though the information below is not required by law, it may prove valuable to persons relying on the docu- ment and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer . Signer's Name: o Individual o Corporate Officer-Title(s) o Partner-o Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator oOther: . . . . . . . . . . . . . . . . . . . . . . . : Signer is Representing: . . . . . ...................................................i.....~.............................................._ RIGHT THUMBPRINT OF SIGNER Top ofthumb here . I 8953 .. . . . . . . . . . . .