2007-612554
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DOC # 2007-0612554
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OOCUMENTARVTRANSFERTAX$~
SE~E~ASEMENT
SEP 18, 2007
3:37 PM
Recording Requested by
City of Encinitas
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When Recorded, Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the District
PAGES:
7
i 11111111111111111111111111111111111I1111111111111111111I1111I111111111I11111111
USE ONLY
Assessor's parcey
No. 264-173-12
Project No. 325-G
05-202 TPM
Eloquence Homeowners Association, a California nonprofit mutual
benefit corporation
hereinafter designated Grantor (s). owner (s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby
GRANT and CONVEY to the City of Encini tas 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 subj ect 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.
. ,
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 for themselves, 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.
day of ....d~ '
OWNER:
3Y~
2007
Executed this
By:
Eloquence eowners Association
Name and title
LYVlcla -::JO N\c(;\O\a.s
By: ----.Pt"-;;)iJpIA~)VW;OWN"5~C I'pt.+c-IA
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
State of
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
C4
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County of
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On -=x13/07 before me,
4 I
:ersOnallY~~ ~
I/c
(here insert name and title
~\\~lAS ~. ~//
personally known to me (or proved to me on the basis of satisfactor evidence to be the person~ whose
name~) IS subscribed to the within instrument an ac~~~d~ed. to me that ~ executed the
same in . er . authorized capacity~, and that by ~ signatur~ on the instrument the
perso~ or e entity upon behalf of which the person~ acted, executed the instrument.
WITNESS my hand and offic' I seal.
JtN S. DEWOLF
COMM. #1744873 9!
NOTARY PIJIlIC.CAlIFOAN ):
SAN OllGO CQUNlY ....
My Comm. &pIm MAY 13.2011
(Seal)
.
.
(Title or description of attached document continued)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactlv as
appears above in the notary section or a separate acknowledgment form must be
properly completed and auached to that document. The onZv exception is if a
document is to be recorded outside oj' California. In such instances, anv alternative
acknOl,1edgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notal)' in
California (i.e. certifYing the authorized capacity oj'the signer). Please check the
document carej'ullyfor proper notarial wording and auach thisform ij'required.
DESCRIPTION OF THE ATTACHED DOCUMENT
~~~~
. (Title or description of attached document)
(Additional information)
. State and County information must be the State and County where thc document
signer(s) personally appcared bcfore the notary public for acknowledgment.
. Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date thc acknowledgment is completed.
. The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
. Print the name(s) of document signer(s) who personally appear at the time of
notarization.
. Indicate the correct singular or plural forms by crossing off incorrcct forms (i.e.
Re/she/tkey,- is fare ) or circling the correct forms. Failure to correctly indicate this
information may lead to rcjection of document recording.
. The notary seal impression must be clear and photographieally reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
. Signature of the notary public must match the signature on file with the office of
the county clerk
.:. Additional mformatlOn IS not reqUIred but could hclp to ensure thiS I
acknowledgment IS not misused or attached to a different document
.:. Indicate title or type of attached document, number of pages and dat~
.:. Indicate the capacity claimed by the signer. If the claImed capacity IS a
corporate officer. mdlcate the title (I e. CEO, CFO, Secretary)
Securely attach thiS document to the Signed document
Number of Pages _ Document Date
CAPACITY CLAIMED BY THE SIGNER
o Individual (s)
o Corporate Officer
(Title)
o Partner(s)
o Attorney-in-Fact
o Trustee(s)
o Other
CAPA \/12.10.05 :t. by Association of Professional Notaries & CSA 800-873-9865 \\'WW.nolarycJasscs.com
GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by
deed or grant to the City of Encinitas , is hereby accepted by
the undersigned agent on behalf of the City of Encinitas pursuant
to authority by Resolution of the City Council adopted on
November 9, 1994, as Resolution 94-107 and the grantee consents
to recordation thereof by its duly authorized officer.
Dated:
9 /13 / C; -:;
Q!' Cl n^--
By:
j\J,rAPeter Cota-Robles, P.E.
City Engineer
City of Encinitas
State of California
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
Countyof~ O..u;r
On ~; /3/dtJtJ1
personally appeared f'f7We (;L)7J1 - bl3L E5
before me~-I'I7rJ 0 A {] - At I ~LJ-V U R
(here insert name and title of the officer)
~e (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s&are subscribed to the within instrument and acknowledged to me tha@he/they executed the
same i@er/their authorized capacity(ies), and that b@er/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
5ignature~~ ~~{'-
~_..--" ",......,.)
i.=~:~
~ . NotIfY PuIIIIc .
San DIqo Count,
l r; ~ E~~ 1':'; ~" ~'1 J
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
Additional Information
containing
pages, and dated
Method of Signer Identification
D Personally known to me
D Proved to me on the basis of satisfactory evidence:
La form(s) of identification a credible wltness(es)
Identification is detailed in notary journal on:
Page # Entry #
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
The signer(s) capacity or authority is/are as:
D Individual(s)
D Attorney-in-Fact
D Corporate Officer(s)
Notary contact:
Other
D Additional Signer(s) D Signer(s) Thumbprint(s)
Tltle(5)
D
D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
D Other:
representing:
Name(s) of Person(s} or Entity(ies) Signer is Representing
(Q Copyright 2005 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 10/05. To re-order, call toll-free 1-877-349-6588 or visit us on the I nternet at http://www.notaryrotary.com
EXHIB IT "A"
SEWER EASEMENT
LEGAL DESCRIPTION
LOT 12
AN EASEMENT FOR SEWER LINE PURPOSES OVER, UNDER, ALONG AND
ACROSS A STRIP OF LAND 30.00 FEET WIDE LYING WITHIN LOT 12 OF MAP
12684, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED AUGUST 15, 1990 IN THE OFFICE OF THE COUNTY
RECORDED OF SAID SAN DIEGO COUNTY. THE EASTERLY LINE OF SAID
STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 12, THE EASTERLY
LINE THEREOF HAVING A BEARING OF NI5045'04"E (N15015'33"E RECORD);
THENCE; THENCE N140 51'32"E 99.06 FEET TO THE POINT OF TERMINUS IN
THE NORTHERLY LINE OF SAID LOT 12.
THE WESTERLY LINE OF SAID STRIP TO BE PROLONGED OF SHORTENED TO
BEGIN AND END IN THE SOUTHERLY AND NORTHERLY LINES OF SAID LOT
12.
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SEWER
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LONE JACI< ROAD
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PROJEC T:
REFERENCES:
CIT'r' r.t-.H. 05-202
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( ) AS RECORDED ON MAP 12684
) SEWER EASEMENT
. AREA: 00.07 AC.
PLAT
OF EASEMENT REQUIRED BY THE
CITY OF ENCINITAS
PASCO ENGINEERING
535 N. HWY 101 -A- SOLANA BEACH, CA
ACCT. NO.
R/Ii NO.
TAX PAR.
DATE