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
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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
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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
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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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