2006-726691
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Recording requested by:
City of Encinitas )
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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.
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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
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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
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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
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WITNESS my hand and official seal.
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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
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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:
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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
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My commission expires: 8-29-2009
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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.
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PARCEL 3
PARCEL MAP
18250
EXHIBIT liB II
GENERAL UTILITY,
DRAINAGE AND
''p. PEDESTRIAN
/j', ~ EASEMENT
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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
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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:
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: Signer is Representing:
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RIGHT THUMBPRINT
OF SIGNER
Top ofthumb here
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8953
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