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2007-701006 ~tJ bG~ Nr It" ~~61 \\\~ 5857 DOC # 2007-0701006 I 111111111111111111111111111111111111111111111111111111111111111111111 NOV 02, 2007 2:03 PM Recording requested by: City of Encinitas o FFI CI..:I.L R E co F: D~; ':"i>,N [II E C, 0 C[I U r'HI' F: E CO F: D E W3 0 FFI [: E I:lFiEC,DR'( J ::;HITH COUNTY F:EDJF:DEF: FIE ':; Ij 00 oe f'16, When recorded mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the Benefit of the City SPACE ABOVE Fe PAGES: 6 11111111111I11111111111111111111111111111I11111111111111111111111111111111111111 GENERAL UTILITY EASEMENT Assessor's Parcel / No. 264-173-14 Project: 325-G W.O. No.: 05-202 TPM Robert C. Bverlv. III and Kerry K. Bverlv. Husband and Wife as Joint Tenants hereinafter designated Grantor(s) do(es) hereby grant, bargain, convey and release unto the City of Encinitas herein designated Grantee, its successors and assigns, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection 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 and right-of-way by the Grantee, its successors or assigns. 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 above and made subject to said easement by this grant is situated in the City of Encinitas, 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 Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement after acceptance by the City. The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of the general utilities easement provided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee its successors and assigns. In granting its approval the Grantee, its successors and assigns, may impose reasonable conditions including, but not limited to, the filing by the contractor or Grantor of an adequate form of security, as approved by the City Engineer to guarantee completion of the work. There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. 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, construction, landscaping or maintenance of said easement. 5858 Dated this fCj day of 5~ ,2007. Grantor: Robert " /), ~ . 1/ - " Co- Kerry K. Byerly 0 ~-- 'l / 2..L/O 7 [Signature of GRANTOR must be notarized. Attach the appropriate acknowledgement.] I certify on behalf of the City Council of the City of Encinitas, pursuant to authority conferred by Resolution 94-1-70f said Council adopted on November 9,1994 that the City of Encinitas accepts the foregoing Grant of Easement granted hereon, and COl:lf... recordation thereof by its duly authorized officer. (U n.L- Date: I ~ It) T By: . , #, IV' Peter Cota-Robles Director of Engineering Services CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 5859 State of CA County of ~~\ '00 On ~\~'7CC57 before me, ~ ;YJ,p\{Jo1f}l~ ~bk c ~ (here insert rlame an~the officer) personally appeared ~~rI--~r \'f ~====--- ) ) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose name(.w) 1S subscribed to the within instrument and acknowledged to me th~ executed the same in e1r authorized capacity~ and that by ~r signature~ on the instrument the persont8\-or the entity upon behalf of which the person~acted, executed the instrument. JtN S. DEWOLF COMM. #1744873 ~ NOTARY P"*-IC.a.ul'ORNIA _ SAN ceo COUNTY .... My ComIn. bplrft MAV l:S, 201\ (Seal) . . (ritle or description of attached document continued) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR C01.1PLETING THIS FOR11 AIU' acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegalfor a notary in California (i.e. certifYing the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach thisform ifrequlred DESCRIPTION OF THE ATTACHED DOCUMENT G~~ \ (~\\~~ Fi'sef'l\E?n-t-- (ritle or description of tached 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. helshelllley, is (are) 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 CLAHvfED BY THE SIGNER o Individual (s) o Corporate Officer (ritle) o Partner(s) o Attorney-in-Fact o Trustee(s) o Other CA:PA v12. 10,05 iOby Association of Professional Notaries & CSA 800-873-9865 www.notarydasses.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 5860 State of C ~ County of ~l Y\ D\ :5 \) ) ) On ('Y~ 7--2 2 ror before me, '~r--- ;:) personally appeared /-<)~Jrf ,K bye~r\y ~ JJ,'\J{; ~):C (here insert name an title of e 0 lcer) -- ------ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~ whose name(.81) ~ subscribed to the within instrument and acknowledged to me that ~l;;Y executed the same in ~r authorized capacity~d that by h~ignatur~ the instrument the perso~ or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. .~~- JIN S. DEWOLF COMM. #1744873 oUJ NOTARY ~.cAI..lFOAN1A )> SAN OIIEGO COUNTY .... My Comm. t:..... MAY 13. 201 t ( .~, " ~..,J "" " ~ ~ " "V' (Seal) . . (Title or description of attached document continued) ADDITIONAL OPTIONAL INFORlVlATION INSTRUCTIONS FOR COMPLETING THIS FORM Any al:knowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate al:knowledgment form must be properly completed and attal:hed to that docwnent The only exception is if a docwnent is to be recorded outside ofCaJifornta In such instances, any alternative al:knowledgment verbiage as mqy be printed on such a docwnent so long as the verbiage does not require the notary to do something that is illegal for a notary in California (Le. certijjling the authorized capaf:Uy of the signer). Please check the docwnent carejullyfor proper notarial wording and attach thisform ifrequired DESCRIPTION OF THE ATTACHED DOCUMENT 6erer~ '~'Irtot~~ (Title or escrijJtio 0 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. helshelthey, is f_ ) 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 CLAItvfED BY THE SIGNER o Individual (s) o Corporate Officer (Title) o Partner(s) o Attorney-in-Fact o Trustee(s) o Other C~A v12.10.05 10 by Association ofProfesSlonal Notaries & CSA 800.873-9865 www.notaryclasses.com " " 5861'f.. EXHIBIT "A" LEGAL DESCRIPTION AN EASEMENT FOR SEWER AND STORM DRAIN PURPOSES OVER, UNDER, ALONG AND ACROSS THAT LAND DESCRIBED IN A DEED TO ROBERT AND KERRY BYERLY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PER DEED RECORDED AUGUST 11, 1997 AS FILE NO 1997-383142, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID BYERLY LAND DISTANT THEREON 34.96 FEET SOUTHEASTERLY OF THE WESTERLY CORNER THEREOF; THENCE IN A STRAIGHT LINE TO THE POINT OF TERMINUS IN THE NORTHWESTERLY LINE OF SAID BYERLY LAND DISTANT THEREON 21.72 FEET NORTHEASTERLY OF SAID WESTERLY CORNER. . . 5 gfJ I A ! CJ . EXHIS/T liS II PORTION Of BLOCI< i5/ MAP 826 ROBERT AND KERRY BYERL Y VESTING DOC. 1.997-3831.42 OF O.R. APN 264-1.73-14 ~ -Y'9",/' . ~ - '9" '9",/', ~~ :t: '9"<9q'9";" ;:0::..... 1nC\J ..... ~ N73 .1. 5 ' 32" W 34.96' - o o o ~ \~ ~.r \\ LONE JACK ROAO E2(i~ SEWER EASEMENT AREA: 380 SQ. FT. +- PROJEC T: REFERENCES: eln' T.P.M. 05-:20:2 PLAT OF EASEMENT REGUIRED BY THE CITY OF ENCINITAS PASCO ENGINEERING 535 N. HWY 101 -A- SOLANA BEACH, CA ACCT. NO. R/W NO. TAX PAR.