2000-77672 ooo.oo. 444 DOCo _
,.000 007
Feb 15, 2000 10:00 AM
Recording Requested by:
Cardiff Sanitation District
OFFICI~ RE~D8
When Recorded, Mail to: ~ DIE~ OOU~Y ~DER'~ OFFICE
City Clerk G~G~Y J. SMITH, C~TY RECORDER
City of ~nclnltas FEES: 0.00
505 South Vulcan Avenue ~: NA
Encinitas, CA 9202~
~or the benefit of the City SP~CE ~OVE FOR RECORD~R'S
USE ONLY
Assessor's Parcel Project: DCS 267
No. 257-231-34 W.O. No.
WILLIAM E. DETTE AND LYNDA J. DETTE, HUSBAND AND WIFE AS JOINT
TENANTS
hereinafter designated Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby GRANT
and CONVEY to the Cardiff Sanitation District 'herein designated
Grantee, 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, together w~+h the perpetual ~= ~
-~ ~gh~ 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 County
of San Diego, State of California, and is particularly described
as follows:
See Exhibits "A" and "B" attached hereto and made a part hereof by
this reference.
BK/hz/sewerc.doc (10-19-98)
2445
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
ease~nt and right-of-way by this grant is situated in the County
of San Diego, State Of California, and is particularly described
as follows:
See Exhibit ~" attached hereto and made a part hereof by this
reference.
The Grantors may, at their own risk, use the surface of the above
described real property in a ~a~ner that will not interfere with
or be detrimental to the use of said easement and right-o~-way by
~rantee, 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
.a~d right-of-way by Grantee, its successors or assigns, or that
will interfere with =he ingress or egress along said easement by
said ~rantee, its successors or assigns.
The Orantee hereby covenants and agrees for itself, its successors
an~ assigns, not to prevent the ~rantors, their successors or.
assigns, fro~ crossing over said real property and agrees that the
Grantors, =heir heirs, successors and assigns, may enjoy the
continued u~e. of =he surface, o~ said real .property herein
described, sub]ect to the condit~ons above stated, and the Grantee
hereby covenants and agrees that after the installation o~ any
pipe line by it in any. excavation made. by it ~n =he above
described easement and r~ght-of-way ~t w~ll backfill any such
excavation made by it so as to fill said excavation as nearly as
practicable to the level of ~he surrounding ground, and will
replace any oiled, asphalt or concrete surface with like material
and will replace any fence removed by it.
~K/hz/2813.doc (10-26-95)
. JUL-S9-1998 89:~4 $192~94812 P.84
Executed this day of , 19 ~
OWNER:
[Signature o~ OWNER must ~e notarized. Attach the appropria[m
acknowledgment. ]
a political co~ and/or governmental agency is hereb~d on behalf
o£ its Board, pursuant ~rity conferred by Re~ of said Board adopted
on March 20~e foregoing Easement '
Dedication and consen~orized officer.
Dated: ~/ ~
~ Cardiff Sanitation Diot~iot
authority conferred by Resolution No. 94- said
Council November 9, 1994 that of En¢initas
consents to the of the D~dication and
consents to recor~t~ duly authorized officer.
Alan D. Archibald
BK/hz/2813. doc (10-26-95)
I certify that on behalf of the Cardiff Sanitation District
pursuant to authority conferred by Resolution of the Board
adopted March 20, 1979, that the Cardiff Sanitation District
consents to the making of the foregoing Subordination Agreement
and consents to recordation thereof by it~ duly authorized
officer. ! / // / __
Dated: ~'~/~ ~ / ~3o By: ~ ~//~ ~
Kerry L/ ~itlt~ / ~ J~ '
DistriCt ~nager
Cardiff Sanitation District
, JU1_.-*~:3-19~ (~:3:.~4 6192594812 P.~
CALIFORNIA AL~UR~ ACKNOWLE~ME~
~un~ of ~~
~n~ly ~o~ to me - OR - ~ pmv~ to me on the b~is of ~tl~a~o~ evl~
to be the person(s) whose name(s) is/are
subscribed to the within Instrument and ac-
~owledged to me that h~shg~ey oxec~K
the same in his/her/their authorized
capacity(les), and that by his/her/their
~ LARRYCOMM LEEt1068362KELLY i~Usignature(s) on the instrument the per~n(s),
NOT~aypUSLi0.~[,~O,,~A = or the entity upon behalf of which the
MYCOMMISGIONEXPI~GS H person(s) acted, executed the Instrument.
SS my hand and official seal..
~PACI~ C~IMED BY SIGNER DESCRIP~0N OF A~ACHED DOCUM~T
~ IN~ID~
T~ Oa ~ ~
~ ~RD~RVA~
DATE ~ ~UME~
~N~ ~ R~R~G:
SIGNER(S') OTHER T~ ~ED ABOVE
2449
EXHIBIT "A"
SEWER EAS~ LEGAL DESCRIPTION
AN EASEMIfl~ FOR SEWERLINE PURPOSES, OVER, UNDE, R, ALONG AND
ACROSS THAT LAND IN THE CITY OF ENCINITAS, COUNTY OF SAN DIE~O,
STATE OF CALIFORNIA AS DESCRIBED IN A DEED TO WILLIAM E. DETTE
AIqD LYNDA $. DE'l-I'll RI~.CORDED JANUARY 14, 1997 AS FILE NO. 9769324 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DII~GO COUNTY
LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE.
BEGINNING AT A POIINT ON THE NORTHERLY LINE OF SAID DETTE LAND
SAID POINT BEINO NORTH 73°13'$9" WEST 35.25 FEET FROM THE
NORTHEASTEI~Y CORNER THEREOF; THENCE SOUTH 19036, 17" EAST '~6.45
FEET TO THE POINT OF TERMINUS IN TIlE WESTERLY RIGHT OF WAY OF
RANCHO SANTA FE ROAD ACCORDINO TO COUNTY ROAD SURVEY NO. 468.
I~ 73O
TOTAL P. I~?