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1999-817910 , DOE 1999-0B17910 1 ggg-0817g 10 Recording Requested by: Cardiff Sanitation District ~ DIEgD C~Y ~C~DER'$ OFFICE ~hen Recorded, Mail to: F~: 0.~ City Clerk ~: NA City of ~nclnlta~ 505 South Vulcan Avenue Encinitas, CA 92024 F~r the benefit of the City SPACE ~O~ FOR RECORDER,S ~ USE ONLY ~Assessor' s Parcel No. 264-223-33 Project: WILLIA ' ' r r hereinafter designated Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideratio ~nd CONVEy to the Cardiff S==~ ..... ~' do(es) hereby GRANT ~r~ntee, a perpetual easement =~ . ~r~ct herein designated unaer, Over and across the her~-~ rl~nn-~Z-way upon, throu h the installation, constructio L scrzbe real property ~o~ replacement, and reconstruction of SEWER pipe lines and/or mains, , ~z~ulon, maintenance, repair, manholes, sewer lateral pipe lines, and all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions interfering with the use of said easement and right- °f-way by Grantee, its successors or assigns and in thereto, to remove soil and other materials within said addition 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 to convey said easement, or any portion of said easement the right public agencies. , to other 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/sewer.doc (1-2-98) 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. BK/hz/sewer.doc (1-2-98) Executed this ~/ day of %~r~ , 19.~_. OWNER: By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgment. ] BK/hz/sewer.doc (1-2-98) SECTION 27281 2650 GOVERNMENT CODE This is to certify that the interest in real property conveyed by deed or grant to the Cardiff Sanitation District, is hereby accepted by the undersigned agent on behalf of the Cardiff Sanitation District pursuant to authority by Resolution of the Board adopted on March 20, 1979 and the grantee consents to recordation thereof by its duly authorized officer. Dated: t~' - [~- "~ "'i/~ ' : "/ Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District ALL-PURPOSE ACKNOWLEDGEMENT State of Calilbmia }ss. 2651 County of ~t:2 ~- -~t c ~ 0 On ~_-~--~Z_r,~c_ ,::P, L /q~'q before me, ~//~ ~ ,~- ~/ ~"~c~gto~ personallyappeared /~/f /?/'~:~.~'-- /-/. ~/~LS L.,~roNms~ ~ [] personally known to me ~ OR - [~ 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(irs), and that by his/her/their ~'~'' 'il~-O'~~ -~.-'~ii~'--~ signatures(s) on the instrument the person(s), ~1~ Comm,#1219157 ~ or the entity upon behalf of which the ,VI ~tr~J,,~ NO T A R ¥ PU 8tic * CA LIFO RNIA I/~ ~ ~'~,~t/ San OieeoCounty ~ person(s) acted, executed the instrument. WITNESS my hand and official seal. INF/ATION~M ~^~¥'~ ~,c~^*~.~' -- OPTIONAL The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT IITLE(S) [] PARTNER(S) [] ATTORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT ~ NAME OF PERSON(S) OR ENTITY([ES ) ~ OF SIGNER APA 5/99 VALLEY-SIERRA, 80{L362-3369 J.N. 98-070 8/2/99 EX, B T'A' 2C52 LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT (Formerly APN: 264-020-18) Being a Portion of Parcel 1 of Parcel Map No. 18210, in the City of Encinites, State of California, as filed in the Office of the County Recorder of San Diego County, State of California, recorded 2/25/99 as File No. 1999-0117217, more particularly described as follows: Beginning at the Southwest corner of said Parcel 1, said point being on a 1000.00 foot radius curve concave to the Southeast, a radial to said point bears North 71 °17'12" West; thence along the Westerly line of said Parcel 1 1. Northeasterly 172.43 Feet through a central angle of 09°52'46"; thence 2. North 28035'34" East 96.79 Feet to a point Westerly and distant 12.00 feet, measured at right angles, from the Southerly prolongation of the Westerly line of said Parcel 1 shown on said Parcel Map as North 00052'35" West 167.94 feet; thence leaving said Westerly line of Parcel I parallel with said Southerly prolongation of the Westerly line 3. South 00052'35" East 40.65 Feet to a point Southeasterly and distant 20.00 feet, measured at right angles, from the most Westerly line of saJd Parcel 1, thence parallel with said Westerly line 4. South 28035'34" West 61.39 Feet to a tangent curve concave Southeasterly having a radius of 1000.00 feat, a radial to said point bearo North 61 °24'26" West; thence along the arc of said curve 5. Southwesterly 161.86Feet through a central angle of 09027'46" to a point in the Southerly line of said Parcel 1; thence along said Southerly line 6. South 89007'37" West 21.26 Feet to the POINT OF BEGINNING. Contains 4925 square feet, more or less. EXHIBIT 'B' ~ ~ ~ ~ (A.P.N.: 264-020-18) t A,P,N,~ 2~4-020-11 N66°27'12"£ :11 75.00' '"' ~ .- N89'OS'4_1"E... 599.57' -. ~ ~ PARCEL 1 ~ ~ PM 18210 ~ N28°~5'54"£ 12~.~,,, ~°~2'~"~ (A.P.N. 2~-020-~) ~ ~'- 40.65' N28o$5'$4"E . $89'07"~'7"~" 248.16' _.,-'~' g-..g~30. ' 21.26' A,?,]V,, P.O.B. NoIA /BEARINOI LENOTH I RADiUS I CI09°52'46'' 172.45'1000.00' C209°27'48" 161.86'980.00' ~. ~, , ~o. ~-o~2 ~/~/~ ~ ~ ~N ~N~I~, I~. J CONSULTING ENGINEERS l CARDIFF BY mE SEA, CA 92007 I ~CINITY MAP ~L. 760 4~6:~5b .....