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1999-817911 ) Dec 19, 1.999 8: 42 AM Recording Requested by: 265 Cardiff Sanitation District OFFICIal ~AN I)IE~ ~TY RE~ER'B OFFICE When Recos~e~, Mall to: G~RY Clt~ Clesk FEES: 0.~ cit~ o~ Bncinita~ ~: NA 505 So~h Encinitas, CA 92024 For the benefit of the City SPACE ~OVE FOR RECORDER'S USE ONLY Assessor,s Parcel Project No. 264-223-20 ~ ' t hereinafter designated Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do(es) hereby GRA~NT 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/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) OWNER: By: / [Signature of OWNER must be notarized. Attach the appropriate acknowledgment. ] x~: BK/hz/sewer.doc (1-2-98) 265 GOVERNMENT CODE SECTION 27281 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: I ~ ~ ! ~?- ~ ~, By: / {~¥j~! ~ ~ .,,i .~.'~ ~/ Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District ~ // , a Notary ~blic in a~d f(;u'~aid..~ounty and State, personally appeared ,..~r~t/~"-~ //~c./~ ~/~¢'~ ~~ ~,. personally known to me (or proved to me on FOR NOTARY S~LOR STAMP the basis of satisfactory evidence) to be the person(s) whose name(~is/~ubscribed to ~'~._~ "~'~'~ the within i~ument and acknowledged to me that .~ ............ ~ , he/she/t~xecuted the same in his/her/their ~ Sally C. Tadlock authorized capacity(les), and that by his/her/their ,0~ Comm. ~105~213 signetur~ on the instrument the person(~, or 0~p~.~uc- the entity upon beha~ of which the person(s) ,~~ ~ me~COUNT~ acted, executed the~trumont. ~ ~ ~m ~ ~.~ // WITNESS my ha~ ~nd offid~eal.~ / ~ /~ e~; 8i~natum .~ ~ ' STATE OF CALIFORNIA, " COUNTY OF .~ S.S. On , before me, ., a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP 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(ies), 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 seal. Signature .. l'l~ 160 Legal (2-94) J.N. 98-070 2/10/99 H BIT'A' 2C$9 LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT (APN: 264-223-20) Being a Portion of Parcel 4 of Parcel Map No. 4850 in the City of Encinitas, State of California, as filed in the Office of the County Recorder of San Diego County, State of California, recorded June 24, 1976 as File No. 76-197662, more particularly described as follows: Beginning at the Northeasterly corner of said Parcel 4; thence along the Northerly line of said Parcel 4 1. South 86o57'14" West 12.00 Feet to a point distant 12.00 feet Westerly of the Easterly line of said Parcel 4, measured at right angles, and to the TRUE POINT OF BEGINNING; thence leaving said Northerly line of Parcel 4 parallel with the Easterly line of said parcel 2. South 01°26'00" East 181.06 Feet to a point in the Southeasterly line of said Parcel 4; thence along said Southeasterly line 3. South 27o58'54" West 40.72 Feet to a point distant 32.00 feet Westerly of the Easterly line of said Parcel 4, measured at right angles; thence leaving said Southeasterly line of Parcel 4 parallel with the Easterly line of said parcel 4. North 01°26'00" West 215.97 Feet to a point in the Northerly line of said parcel 4; thence along said Northerly line 5. North 86o57'14" East 20.01 Feet to the TRUE POINT OF BEGINNING. Contains 3970 square feet, more or less. ~o7o.,~/ .. EXHIBIT 'B' ~ -~.~.o.~. (A.P.N. 264-225-20) A PIV 2.6~-225~ 16 zo. o~ t $86'57'14"W $49.37' 317.36' ~ ~11 ~ 20' ~OE nUBUC =~ PARCEL 4 EASEUENT ORANTED "EREON PM 4850 24.43' ~ ~ ~.9~. 264-22J-20 t~ t t I