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2000-77698 2000-0077698 Feb ]_5, 2000 10:08 Recording Requested by: Cardiff Sanitation District OFFICIAL REOORDS When Recorded, Mail to: 253 ~ ~ DIEGO ~UNTY RE0~R'B OFFICE GEGORY ,1. ~ITH, COUNTY RE~ORDER City Clerk FEEB: 0.00 City of Encinitas ~: NA 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City SPACE ABOVE FOR RECORDER'S USE ONLY /~,~ SEWER EASEMENT S Parcel Project DCS 267 No. 257-221-57 W.O. No. HILAN F. KEAGY TRUST, FBO RICHARD H. KEAGY hereinafter designated Grantor(s), owner(s) of the hereinafter described ].ands, 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 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 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) ', :,'.. 2533 To have and to hold sa±d easement and r±ght-of-wa¥ unto itself and unto ±ts successors and ass±gns forever, together with the right to convey said easement, or any port±on of sa±d 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 "%" 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 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 add 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 u~e 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 ~t will backfill any such excavation made by it so as to fill said excavation as nearly as pracUicable 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/2813.doc (10-26-95) Executed this ~?~ day of ~ , 19~ OWNER: By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgment.] proper~ed by:theL;fbr~gding'deed O: grant tothe CARDIFF SANIT~.~ISTRICT a political co~O~.~and/or governmentalag~ncy is hereby~._~ed on behalf of its Board~pursuant to~ conferred by Resolut~ said Board adopted on M~ing Easement Dedication and consents to rear. Dated: ~/ LAUREN WASSERMAN, District Manager authority conferred by Resolution No. said Council on November 9, 1994 that of Encinitas consents to the of the Dedication and consents to recordatJ duly authorized officer. Alan D. Archibald BK/hz/2813.doc (10-26-95) 253 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~ubordination Agreement and consents to recordation thereo~ byes ~uly authorized officer. , / ~ , / Dated: ~'~/o~/~o By: _/~/_~//~/~ Kerry/L [ ~i rfe~ ~ Dist~ic~ 'Manager Cardiff Sanitation District ":.cAI"~FORNIA ALL-PURP~I~ ACKNOWLEDGMENT County of L42- Date Name and Title of Officer (e.g. "Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) B~ppersonally 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(les), 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. WITNESS my hand and official/~eal. OPTIONAL Though the information below is not required by/aw, 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual [] Individual [] Corporate Officer [] Corporate Officer Title(s): Title(s): [] Partner-- [] Limited [] General [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Attorney-in-Fact [] Trustee [] Trustee [] Guardian or Conservator [] Guardian or Conservator [] Other: [] Other: Top of thumb here Signer Is Representing: Signer Is Representing: © 1994 National Notary Association · 8236 Remmet Ave,, RO. Box 7184 · Canoga Park, CA 91309-7184 Prod NO. 5907 Reorder: Call Toll-Free 1-800-876-6827 GOYVR~NI~NT CODE 2736'i .7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary:. ~-Ii ~ J~ ~._ ~.~, /~/~) i c ~,~ Commission Number: I [ 1030 ~ Date Commission Expires: ~¢?~, I0) ?__OO~) County Where Bond is Filed: ~c,~v~ Manufacturer or Vendor Number:. (Located on both sides of the notary seal border) Firm Name (if applicable) Place of Execution: ~'m~.~ ~'~/~,o Date: Rec. Form #RI0 (Rev. 7/96) 2538 PE 730 EXHIBIT "A" SEWER EASEMENT LEGAL DESCRIPTION AN EASEMENT FOR SEWERLINE PURPOSES, OVER, UNDER, ALONG AND ACROSS THAT LAND IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS DESCRIBED IN A DEED TO RICHARD H. KEAGY RECORDED MARCH 26, 1971, AS FILE NO. 71-58837 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID KEAGY LAND SAID POINT BEING SOUTH 15°41'29" WEST 77.98 FEET FROM THE MOST NORTHERLY CORNER THEREOF; THENCE NORTH 19°36'17" WEST 36.32 FEET TO THE POINT OF TERMINUS IN THE EASTERLY RIGHT OF WAY OF RANCHO SANTA FE ROAD ACCORDING TO COUNTY ROAD SURVEY NO. 468. F~ 7~0