1991-50336Recording Reguested by:
Cardiff Sanitation District
When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas, CA 92024
For the benefit o~ the District SPACE ABOVE FOR RECORDERS'S USE
ONLY
SEWER EASEMENT
Assessor's Parcel Project CS-056
No. 259-231-21 W.O. No. CS-056
Log No. N/A
E. J. Grimes and Mary Ann Grimes, Co-Trustees~
or their successors in Trust~ under the
Grimes Family Trust~ dated Oc~ber~14ri~988.
hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(~) 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 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-
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
tf/my/cov2-116wp5 (9-27-89)
'.' ',' 1029
to convey said easement, or any portion of sai~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 Exhibit "A" and Exhibit "B" attached hereto and made a part by
hereof by this reference.
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 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 with building or structure of any nature
or kind that will interfere with the use of said easement and
right-of-way 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 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.
tf/02/cov2-116wp5 (11-13-89/1)
By: . Grim e
.By: ~~
Mary'~nn Grimes~, Co-Trustee
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
SEE NEXT PAGES FOR NOTARY CERTIFICATES
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a
political corporation and/or governmental agency is hereby accepted
on behalf of its Board, pursuant to authority conferred by
Resolution of said Board adopted on March 20, 1979, and Grantee
consents to the recordation thereof by its duly authorized officer.
WARREN H. SHAFER, Dl'~trict Manager
Cardiff Sanitation District
tf/my/cov2-116wp5 (9-27-89)
E.J. GRIMES AND MARY ANN GRIMES AS CO-TRUSTEES OF THE GRIMES FAMILY TRUST
AS ESTABLISHED BY QUITCLAIM DEED RECORDED NOVEMBER 4, 1988 AS F/P 88-
566976.
"STATE OF CALIFORNIA )
COUNTYOF $,4/~ DIEGO ) SS.
ON ~~~~. , BEFORE ME, THE UNDERSIGNED, A
NOTARY_._ PU~d. IC, IN AND FOR SAID STATE, PERSONALLY APPEARED
~ ~ ~=='/"~'~'~--~ (PERSONALLY KNOWN TO ME) (PROVED
~9 ME°ON .THE BA~L~ C~F SATISFACTORY EVIDENCE) AND PERSONALLY APPEARED
/~J/ //'~f/' ~,~7;~'~'-~' (PERSONALLY KNOWN TO ME) (PROVED TO ME
ON/~'HEBASIS OF SATISFACTORY EVIDENCE) TO BE THE CO-TRUSTEES OF THE
GRIMES FAMILY TRUST, THE TRUST THAT EXECUTED THE WITHIN INSTRUMENT,
(PERSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON(S) WHO EXECUTED THE WITHIN INSTRUMENT ON
BEHALF OF SAID TRUST, AND ACKNOWLEDGED TO ME THAT SAID TRUST EXECUTED
THE SAME.
WITNESS MY HAND AND OFFICIAL SEAL.
co ,ssoN EXPIRES
NOTARY"F~BLIC IN AND FOR ~rAtO STATE."
ROBIN L. WOLFF
89-019.2
10115~90
EV
EXHIBIT "A'
LEGAL DESCRIPTION
FOR
SEWER MAIN PURPOSES
A portion of Lot 27 of the SUBDIVISION OF RANCHO LAS ENCINITAS, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego
County, June 27, 1898, more particularly described as follows:
Beginning at the intersection of the centerline of West Fifth Street with the centerline of "A" Street, as said streets
are shown on Map No. 326 of the COLONY OF OLIVENHAIN, in the City of Encinitas, County of San Diego, State
of California, filed in the office of the County Recorder of San Diego County, July 8, 1885; thence
1. South 72023'00" East 24.99 Feet along the Southerly line of land described in deed to E.J.
Grimes and Mary Ann Grimes, recorded November 4, 1988
as Document No. 88-566976 of official records to the TRUE
POINT OF BEGINNING; thence
2. North 15°46'00" East 12.51 Feet; thence
3. North 72023'00" West 23.24 Feet to a point on the Westerly line of said E.J. Grimes
land;thence
4. North 23o45'08" East 15.09 Feet along said Westerly line; thence
5. South 72023'00" East 36.15 Feet; thence
6. South 15°46'00" West 27.51 Feet to a point on said Southerly line of said E.J. Grimes land;
thence
7. North 72023'00" West 15.01 Feet along said Southerly line to the TRUE POINT OF
BEGINNING
Contains 746 square feet, more or less.
APN 259-231-21
SOwARD~)--BROWN EN~INE£RING, INC.
CONSUL"rING ENGINEERS
2~7 HEWCAS~.E A~UE ~l~ 202
_ ~ BY ~ ~ C~ e2007 (619) 4~ ~00