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2012-203930 D O C # 2012-0203930 Recording Requested By: 1111111 IN 111111111111111111111111111111111111111111111 VIII IIII IIII APR 08, 2012 4:18 PM City of Encinitas OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J Dronenburg,Jr,COUNTY RECORDER When Recorded, Mail to- FEES 4400 OC. NA PAGES: 10 City Clerk City of Encinitas I��III��III��III��I�I IIIII��III��III��III��III��III IIII��III IIIII 11111111 IIII IIII 1 505 South Vulcan Ave. 1 „ Encinitas, CA 92024 SPACE ABOVE FOR RECORDER'S USE vt� EASEMENT FOR SEWER LATERAL PURPOSES Assessor's Parcel No: 260-183-05 The City of Encinitas, a Municipal Corporation Organized and Established Under the Laws of the State of California, hereinafter called GRANTOR, the owners of the real property in the City of Encinitas, County of San Diego,State of California,described as follows: SEE EXHIBIT"C"ATTACHED HERETO AND MADE A PART HEREOF, does hereby grant, convey, and dedicate for valuable consideration, the receipt of which is hereby acknowledged, to the Rugar, Gary and Jeanette Family Trust, hereinafter called GRANTEE, an easement and right-of-way for Sewer Lateral purposes,subject to the terms and conditions set forth as EXHIBIT "D" which is attached hereto and made a part hereof, the real property described as follows. SEE EXHIBITS"A"and "B"ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR: This is to certify that the interest in real property conveyed by deed or grant to the Grantee by the City of Encinitas, a Municipal Corporation, is hereby granted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the Grantor consents to recordation thereof by its duly authorized officer. Date City Engineer City of Encinitas This is to certify that the interest in real property conveyed by deed or grant by the City of Encinitas, a Municipal Corporation, to the Grantee is hereby accepted by the Grantee, and the Grantee consents to recordation of this grant deed. GRANTEE: Rugar, Gary and Jeanette Family Trust Gary Sf ugar,TrujWe Date Jean tte K. Rugar,Tru tee — Date EXHIBIT"A" LEGAL DESCRIPTION OF EASEMENT EXHIBIT A LEGAL DESCRIPTION PRIVATE SEWER EASEMENT THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, LYING WITHIN PARCEL M AS DESCRIBED IN DOCUMENT NO. 2001-0339394 RECORDED MAY 25, 2001, RECORDS OF SAID COUNTY OF SAN DIEGO DESCRIBED AS FOLLOWS: A strip of land, 13.58' in width. The westerly line of said strip is described as follows: Beginning at the southwest comer of said Parcel M; Thence North 3°59'55° West along the westerly line of said Parcel M, 23.06 feet to the terminus of said strip. The easterly line of said strip to be extended South 3 059'55° East to terminate in the southerly line of said Parcel M. The above described parcel contains 318 square feet, more or less. All as more particularly shown Exhibit B, attached hereto, and by reference, made a part hereof. Prepared in the Office of CHAA�FG9L Leonard C. Stiles PLS 5023 p,,� License Expires December 31, 2011 j;"So M October 26, 2011, 2011 9 y ��R CALIFO��\P EXHIBIT"B" PLAT OF EASEMENT EXHIBIT B 0 20' 40' PARCEL O SCALE 1"=20' Document No. 2001-0339394 Recorded May 25, 2001 PARCEL M Document No. 2001-0339394 Recorded May 25, 2001 Private Sewer Easement Z 318 sf. W 0 Portion NW 114 SECTION 22 13.5W T13S R4W ..... SAM w P.O.B. - --------- Southwest comer Parcel M Portion NW 114 SECTION 22 T13S R4W SAM PARCEL A Document No. 2001-0339394 Recorded May 25, 2001 Traverse PC EXHIBIT"C' LEGAL DESCRIPTION OF PROPERTY A portion of the Southwest Quarter of the Northeast Quarter of Section 22, Township 13 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the United States Government survey approved April 19, 1881, lying within Parcel M as described in Document No. 2001-0339394 recorded May 25, 2001 in the Office of the County Recorder of San Diego County. EXHIBIT"D" Terms and Conditions Easement for Sewer Lateral Purposes The grant of Easement for Sewer Lateral Purposes made by the Grantor named herein for the benefit of the Grantee is for valuable consideration and is subject to the following terms and conditions. This grant shall be for a perpetual non-exclusive easement and right-of-way upon, through, under, over, and across the real property described in Exhibits "A" and "B" for sewer lateral and appurtenant facilities, together with the right of ingress and egress over and along said easement and right-of-way; together with the right to construct, maintain, and replace sewer lateral and appurtenances thereto by Grantee, its successors and assigns. Together with the perpetual right and requirement for the maintenance of said sewer lateral serving Grantee's property at Grantee's sole expense, including the restoration of improvements within said easement to pre-maintenance condition. To have and to hold said easement unto itself and unto its successors and assigns forever. The real property referred to herein 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 in Attachments A and B hereto. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained within said easement any building or structure of any nature or kind that will interfere with the use of said easement by Grantee, its successors or assigns. The Grantees hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained within said easement any building or structure of any nature or kind that will interfere with the use of said easement by Grantor, its successors or assigns. Grantor maintains the perpetual right to remove buildings,structures, and any other obstructions interfering with the use of said land by Grantor. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to this Easement for Sewer Lateral Purposes. If either Grantor or Grantee is required to incur costs to enforce the provisions of this easement, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney's fees, from the other party. The Grantee may assign to persons impacted by the performance of this easement the right to enforce this easement against the Grantor. ACKNOWLEDGMENT State of Calif la County of On c J old before me, Cam , (insert name and title of the �ffiicer personally appeared I �4 • �1 � S . u cc,v- who proved tome on the basis of satisfactory evo be t he pe n(s) whose me(s)+s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by him/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Official seal. CLAUDIA A.MiTCHELL-GINGHAM Commission No.1863248 n V NOTARY PUBLIC CALIFORNIA ' { SAN DIEGO COUNTY Signatu } Commission Expires AUG 30,2013 Ease~-t- f-v-) SuA)-,m I) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cc..cc.e�.crc�<cc?e�-.�'.Grece�.c<�•e��-rc:ccrcc�.�=r,M� : .e�.cccre�.crc�.er<erc��.�,t-r . � - - - - State of California County of _—� � On cA-M. Q before me, Date Here I rJOrt Name and Title of the ce personally appeared Name(s of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s'whose name(sT is/are subscribed to the within instrument and acknowledged to me that he/she*wy executed the same in his/he0heir authorized capacity(ies), and that by his/heh4heir signature(s) on the DEANA GAY instrument the persono, or the entity upon behalf of Commission#1862433 which the person( j acted, executed the instrument. �� Notary Public-California i = San Diego County = I certify under PENALTY OF PERJURY under the laws My Comm.Ex ire#Au 23,2013 of the State of California that the foregoing paragraph is true and correct. WITNESS my h d a official seal Signature - Place Notary Seal Above Signature of otary Public OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent removal and reattachment of this form to another document. cam- ��3 os Description of Attached Document Title or Type of Document jV V,J� Document Date Number of Pages. Signer(s) Other Than Named Above- Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact • ❑Attorney in Fact • '- ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other- ❑ Other- Signer Is Representing: Signer Is Representing: - - L �ze - 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder Call Toll-Free 1-800-876-6827