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2007-612553 ., it!) ,;;r\ f\ \ ,. , \\f ~);\ \11 \ 0\ \~i7 '. DOC # 2007-0612553 1111111111111111111111111111111111111111111111111111111111111111111I Recording Requested by: Cardiff Sanitation District SEP 18, 2007 3:37 PM CiFFICli'.L F:ECCiF:D::; ':;::JJ DIE Ci I] CD U r'J 1'1 F: E CO F; D E F: "~"~ Ci FFI CE GF:ECiOFt'r' ,J Q',.1ITH CDUHT\' F:ECCiF;DER FEE::; 0.00 DC r'J,6, When Recorded, Mail to: District Clerk Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the District -0GUMENTARY TRANSFER TAX $~ . '~R PAGES: 7 IIIWlmWIWWIWWWI~1 Sr.t-:\.\...-G .t-:\.DVVG 1.: Vr\. I"\.w\......VL\.LJ1.:..Jl"\. tJ USE ONLY EASEMENT Assessor's parceV No. 264-173-10.( Project No. 325-G 05-202 TPM Thomas Tanner and Molly Tanner, Trustee, Thomas Tanner and Molly Tanner declaration of trust dated October 16, 2001, wherein Thomas Tanner and Molly Tanner 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 Encinitas 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 wi thin 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. Executed this "2 day of ~J ::~~ Thomas Tanner BYlVw /u; dEtU/\ MOl~ nner 2007 , [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] '. - -. -- ~- CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of ) County of ) On 'i})3 )07 before me, (L (here insert na e and title 0 the officer) ~lY'<"S 1:",~~r J ttJ\\.J \:\t\f\er I personally appeared persona..IlY known to me (or proved to me on the basis of satisfactory evidence) to be th~so s) hose namt@'D~/@subscribed to the wIthm mstrument and acknowledged to me that hefflfte e executed the same m' theIr authorized capacity(i@, and th~y ~ignaturgIDon the instrument the perso@r the en Ity upon behalf of wh~he perso~cted, executed the instrument. WITNESS my hand and official seal. JIN S. DEWOLF COMM. #1744873 !l!! NOTARY Pl&JC.CAUfORNlA ): SAN DIEGO COUNTY .... MyComm. bpirea MAY 13, 2011 (Seal) . . ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM (Title or description of attached document continued) Any acknowledgment completed in California must contain verbiage exactZv as appears above in the notal}' section or a separate acknowledgment.farm must be properlv completed and attached to that document. The onZv exception is if a document is to be recorded outside 0/ California. In such instances, any alternative acknowledgment verbiage as mal' 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 o/the signer). Please check the document carefitlZv.far proper notarial wording and attach this.farm i/required. DESCRIPTION OF THE A TT ACHED DOCUMENT ~t'Pf C?A~~ (Title or description of attached document) (Additional information) · State and County information must be the State and County where the document signer(s) personally appeared before 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 the 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 incorrect forms (i.e. He/she/they, is /afe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. · The notary seal impression must be clear and photographically 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 information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. .:. Indicate title or type of attached document, number of pages and date. .:. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate 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 CAP A v 12.1 0,05 e by Association of Professional Notaries & CSA 800-873-9865 \vww.notaryc1asscs.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 , lS 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: 9h~JD~ ~~~ By: ~~ Peter Cota-Robles, P.E. City Engineer City of Encinitas . J EXHIBIT "A" SEWER EASEMENT LEGAL DESCRIPTION LOTIO AN EASEMENT FOR SEWER LINE PURPOSES OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET WIDE LYING WITHIN LOT 10 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 SArD STRIP DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 1 0 DISTANT THEREON N80029'50''W (N80059'31 "W RECORD) 3.71 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE N140 51 '32"E 102.19 FEET TO THE POINT OF TERMINUS IN THE NORTHERLY LINE OF SAID LOT 10. THE WESTERLY LINE OF SAID STRIP TO BE PROLONGED OF SHORTENED TO BEGIN AND END IN THE SOUTHERLY AND NORTHERLY LINES OF SAID LOT 10. 7- 't.~-o7 I 1 ------- I - ----.J__=_ 30. J3' ~ (%:0 ~9 '50"E ...... ...... "- '0 "59 '3J "N) G '--l SBO"29'SO"E 3.71' PLAT OF EASEMENT REQUIRED BY THE CITY OF ENCINITAS PASCO ENGINEERING 535 N. HWY 101 -A - SOLANA BEACH, CA . s "" - - ~ \;{ ~ ~~ ~~ ll~ ':J(~ ~ 7- 7.5'-07 ! ~ , II ~~ A~ ---- - - ---- PROJECT: REFERENCES: CIT"t'TPM. 05-202 SCALE: 1"=20' EXHISIT S' - tt- k. C) '--l - ~ (.0//3" - - 8/.] :JJ,'14"1t') ~5"C 1 ---... ......... .Jo. OJ ."';. t--. I 1 /1 I I I I / . I I I ~I I ~I SEWER ~I h~' ~ ~ EASEMENT .4, TO THE ~I ~~. ~_ CITY OF ~ I '.... !i) ENCINITAS &/ I ~~~::t:: ~ 1 .rtj h .~t:? ;;, .~"i; 1 ~. ll)ll) 7 ,?;j~ I I / I,' V ~ fY) It f !:if f',: iJ G ii/ & cr R ~ l( ( ) AS RECORDED ON MAP 12684 I SEWER EASEMENT AREA: 00.07 AC. ACCT. NO. R/tf NO. TAX PAR. DATE State of California County of 5M-t ~() CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On ~- /3; .2OtJ7 personally appeared r f" nit:. before me:;?/htJOF! b. ilILLJCJtJlZ, A)IJ7Jbe'1 P()tJt-/~ , (here insert name and 'title of the officer) (0714 - KtJ6L-E 5 ~al1Y known to me.J9r proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s@re subscribed to the within instrument and acknowledged to me that~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. f'" rll ~~N~~"G.rM'LUcUl ~. Commission .,701..41 ~ Hotllfy NIlIc: . CIIhrnII s.n Dleto County l ~ . I~ IIE~. J~. ~.. ~.'~J (Seal) Signatur~~ c; ?U1-~ 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 The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of 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 witness(es) Identification is detailed in notary journal on: Page # Entry # 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 <bI 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 Internet at http://www.notaryrotary.com