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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~?