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CP 5500; |McNamara|Michael T and Margaret L|; 2008-0499532; Easement
DOC# 2008-0499532 RECORDING REQUESTED BY AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record this document at no fee as it is to the benefit of the City (Gov. Code [6103]). 1838 SEP 22, 2008 9:19 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH.. COUNTY RECORDER FEES: 0.00 OC: NA PAGES: Space above this line for Recorder's use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad . and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor's Parcel No.: 215-561-29 Project No. & Name: CP 5500; LA GOLONDRINA HDD SEWER EXTENSION CITY OF CARLSBAD WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT MICHAEL T. MCNAMARA AND MARGARET L. MCNAMARA, HUSBAND AND WIFE AS JOINT TENANTS does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, an easement. Wastewater Pipeline Purpose: The easement granted herein shall be granted for the following purposes: the underground construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, and transporting all wastewater. All facilities shall be installed, operated and maintained at all times beneath the surface of the easement. All rights of ingress and egress necessary for the full and complete use, occupation and engagement of the easement area hereby granted and all rights, privileges and appurtenances aforementioned and incidental thereto, provided that such rights of ingress and egress shall be underground and further provided that such ingress and egress does not interfere with any building, structures', activities or individuals on the property. The uses described herein shall be exclusive to the Grantee. l-r./Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 08/17/98 Rev 1839 , Grantor reserves the right to construct improvements over the easement area which will not interfere with the Grantee's rights herein and the same shall be restored by the Grantee to its immediately existing condition in the event that Grantee removes or damages the same during the exercise of Grantees rights herein including, without limitation the installation, operation and maintenance of the subterranean facilities. All improvements in the easement proposed by the Grantor shall first be approved by the Grantee prior to construction. LOCATION OF EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. Executed by the Grantor this /(n day of GRANTOR: MICHAEL T. MCNAMARA (name of grantor) (sign hjeYe) Owner (title of signatory) MARGARET L. MCNAMARA (name of grantor) (sign here) Owner (title of signatory) (Notarial acknowledgment of execution of PROPERTY OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL City Attorne; -DAMICN D. BROWER; Deputy City AttorneyDONALD KEMP H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Grant Deed of Wastewater Pipeline Easement 08/17/98 Rev 2 1840 This certificate is attached to a & (#pages) document entitled ^ tg^p uxiVf 0\M.L\*-^-and dated 0 ~((£ "0 o Acknowledgment Certificate State of Tennessee County of (as shown on seal) * o "TYXuJkOxJ? o . On this I L? of CL>KlX£J , cQ-QQ \ Day Month Year Name owZonstituent/Person Personally appeared before me, O v formoflD ff who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness to be the signer of the above instrument, and he/she acknowledged that he/she signed it. / r»r ~^ Signature of Notary Public * I TENNESSEE i*| a ^ \ NOTARY • c My Commission Expires \ ~ M - -V%\ PUBLIC /^? 1841 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared !?. &£% before me, ; 6n#jQ.ci _ re Insert Name and Title /Style Officer, .Offi U ft^t/O Narnfe(s) of Sii(s) of Signer(s) . FREISINGE* § CommUslon * 1727044 t Notary Public - California I San Diego Courtly - I^ConmBjPjMtab%20llK Place Notary Seal Above 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. WITNESS my Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: (Q^E/* Document Date: _ O "/ Ct -Oo ^y,«. . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPP'M OF SIGNFri Top of ttjyfffo here Signer Is Representing:__/_ Signer's^WSme:. D Ipdlvidual Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here S^S^S^^^Sl^Sv^iSS^W^vSiX*^ ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 1842 EXHIBIT "A" LEGAL DESCRIPTION VESTING: MICHAEL T. McNAMARA AND MARGARET L. McNAMARA, HUSBAND AND WIFE AS JOINT TENANTS. APN: 215-561-29 THAT PORTION OF LOT 181 OF MAP 10257 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED NOVEMBER 4, 1981 AS FILE NO. 81-349500JN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: THE NORTHWESTERLY 5.00 FEET OF SAID LOT 181. CONTAINING 572 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT 'B'. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE EXHIBIT "B"1843 179 10' WIDE UTILITY AND TREE PLANTING EASEMENT DEDICATED AND ACCEPTED PER MAP 10257 DRAINAGE EASEMENT ACCEPTED MAP 10257 N 83'29'O 5.30' W NOTE: ALL DIMENSIONS SHOWN HEREON ARE COMPILED FROM RECORD DATA. THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT DENOTES AREA OF EASEMENT ACQUISITION 572 SQUARE FEET MORE OR LESS MICHAEL L. SCHLUMPBERGER. PLS 7790 ASSESSORS' PARCEL NO.: 215-561-29 Right-Of-Way Engineering Services, Inc. Land Surveying 4167 Avenida de la Plata Ste. 114 • Oceanside, CA 92056 (760) 732-1366 FAX (760) 732-1367 Drawing file name: La Golondrina Easement 215-561-29.dwg Job No. 0705-0043-11 CITY OF CARLSBAD VESTING: MICHAEL T. McNAMARA AND MARGARET L. McNAMARA. HUSBAND AND WIFE AS JOINT TENANTS DATE: MAY 30, 2008 SHEET 1 OF 1 1844 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF WASTEWATER PIPELINE EASEMENT dated August 16, 2008 from Michael T. McNamara and Margaret L. McNamara, husband and wife as joint tenants, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 18. 2008 SfHERRY/flREISINGEtf Deputy Clerk U V—' 1 (SEAL)