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2017-481987 r • DOC# 2017-0481987 Recording Requested By: ) Oct 17, 2017 03:58 PM OFFICIAL RECORDS City of Encinitas ) Ernest J.COUNTY SAN DIEGO COUNTY RECORDER RDER FEES: $0.00 When Recorded Mail to: ) PCOR: NIA PAGES 9 City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY V� \� DOCUMENT TRANSFER TA 0 �D PUBLIC SEWER EASEMENT v Assessor's Parcel No: 264-172-31 Stephanie and Al Walker, wife and husband as joint tenants, hereinafter called GRANTOR(S), are the owner(s) of the real property in the City of Encinitas, County of San Diego, State of California, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, do(es) hereby grant, convey, and dedicate for valuable consideration to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Sewer Easement, subject to the terms and conditions set forth in City of Encinitas Resolution 2009-54 adopted October 28, 2009, included as EXHIBIT "D" which is attached and made a part hereof, the real property described as follows: SEE EXHIBITS "B" and "C" ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR Stephanie WaflCe r, er Date t UIQ-/� to . c-;� . t Al Walker, Owner Date Signature of"GRANTOR(S)"to be notarized. Attach the appropriate acknowledgments. GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted 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 grclptee consents to recordation thereof by its duly authorized officer. ign for C' mitas Date 4A/( ��L� Print Name Title ��T EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcel 2 of Parcel Map No. 8879 in the City of Encinitas, County of San Diego, State of California, According to Map thereof, recorded June 28, 1979 as File No. 79-270041, more particularly described as follows: LAND SG �\ A W U J V- ,y�9G�� Vr �� A Michael A. Wunderlin LS 5210 Exp 6130119 Z * No. 5210 # �fgrP OF C AL1F��a\p 2017-06 ESMT LEGAL A SEWER.DOC EXHIBIT "B" SEWER EASEMENT LEGAL DESCRIPTION PARCEL A A portion of Parcel 2 of Parcel Map No. 8879 in the City of Encinitas, County of San Diego, State of California, According to Map thereof, recorded June 28, 1979 as File No. 79-270041, more particularly described as follows: The Easterly 23.00 feet of Parcel 2 of said Parcel Map No. 8879, excepting therefrom that portion of existing Easement for Sewer Lines and Appurtenances per File/Page No. 75-309578, recorded May 5, 1975 in the Office of the County Recorder. Containing 4,562 square feet more or less. SEA LAND SG A W U 9G�� F o Michael A. Wunderlin A LS 5210 Exp. 6130/19 * No 521E �P lgTE OF CAL1F�� 2017-06 SEWER ESMTLEGAL.WC EXHIBIT "C" EASEMENT DATA EXIST. 40' PRIVATE ROAD & UTILITY ESMT. EXIST. 20' ELECTRIC EASEMENT PER DOC. 1340002 \ \.y REC. 8/14/1979 © EXIST. 40' EASEMENT FOR ROAD & UTILITY PURPOSES PER DOC. #79-109108, REC. 3/15/1979 QD EXIST. 20' EASEMENT FOR INGRESS & EGRESS FOR TRANSPORTING LIVESTOCK AND EQUIPMENT QE EXIST. SEWER EASEMENT PER F/P #75-309578 \ \ REC. 5/5/1975 J I I I U o BB A W L 1 3 � PROPERTY LINE I � I N69'33'40"W 426.30' 14p I 20' ►-_ i -7 1 EXIST. FLOWAGE 5 1 E PROPERTY I LINE Z 1 iEASEMENT 23,1 o I \\ LLL�!�If I B PARCEL A I ; I °N rn � I D\\ I z 20' F— PROPERTY LINE I E CITY OF ENCINITAS N72'38'01"W COUNTY OF SAN DIEGO 2 4 ° 383.37' 6 - -- 1 � ---9TH STREET --- 7.00' --- R W I R/W LAND 9 v�AP��P. wi/ PGf� DATA TABLE ��_0 0 BEARING LENGTH 6/30/19 Z 1 N72'38'01'W 61.72' * No. 5210 2 NI5'40'35"E 40.02' 1p 3 N74'19'25"W 20.00' OF CA" NF 4 N15'39'S5"E 40.02' �( 5 N69'33'40"W 23.08' �v -- 6 N72'38'01"W 23.01' 0 100 200 MICHAEL A. WUNDERLIN 7 N15'39'42"E 231.08' LS 5210 EXPIRES 6/30/19 SCALE: 1"=100' Terms and Conditions for Dedication of Public Sewer Easement The dedication or irrevocable offer of dedication made by the Grantor named in the document dedicating or offering the dedication of public sewer easement for the benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication or irrevocable offer of dedication shall be for 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, for ingress and egress for public sewer maintenance and repair, together with the perpetual right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and 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 subject to said easement and right-of- way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is more particularly described in the document dedicating or offering to dedicate the sewer easement. 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. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the described works of improvement. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication or offer of dedication of sewer easement. Grantor agrees that Grantor's duties and obligations under this offer of dedication are a lien upon the subject property. Upon notice and opportunity to respond, Grantee may add to the tax bill of the Grantor any past due financial obligation owing to the Grantee by way of this offer of dedication. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, 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 offer of dedication the right to enforce this offer of dedication against the Grantor. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Cal' nia ) County of On �3 �� be re me na C7� 1 Date Here Insert Name Title of the Officer personally appeared \ �am 0,C Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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 his/her/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. DEA GAY WITNESS my h d official seal. Z COMM.##2206986 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES Signature AUGUST23,2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California h ) County of �CkY\ MC) ) 11 n II � � On l b- b-ZD\"( before me, AY\Ge�c, A . S\ metes N6 t8�1 V f� IIG Date _ 1, Here Insert Name and Title of the fficer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to bet erson(s) whose name(s)(/is/are scribed to the within instrument and ackno dged to me tha h /she/they executed the sable in his er/their authorized capacity(ies), and that b hi her/their signature(s)on the instrument the person(s), he 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. rr ANOELA A. SIMON WITNESS my hand and official seal. NWN n02182396 rt �) k1CM-r ;:t:.t Signature gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): Corporate Officer — Title(s): ❑ Partner — ❑ Limited General ❑ Partner — ❑ Limited General Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact Trustee ❑ Guardian or Conservator Trustee ❑ Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907