1999-637337· DO0 1999 0637337
1999-0857357
Recording Requested by:
Cardiff Sanitation District 8eP 17, 1999
When Recorded, Mail to: ) ~ICI~
District Engineer ) ~DIE~¥ ~R'8
Cardiff Sanitation District ))2~ ~J. ~I~,~~
505 South Vulcan Avenue ~ ~:
Encinitas, CA 92024 ) ~:
For the benefit of the District ) ~=~m ~ovm ~
USE O~Y
Assessor's Parcel Project No. CS 271
No. 264-101-62 W.O. No. DCS 271
Seyed H. Mohseni and Jill Ann Fehlman-Mohseni
hereinafter designated Grantor(s). owner(s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby
GRANT and CONVEY to e Cardlff San~tatlon Dm~.w~lct4 here~n
designated Grantee, a perpetual easement and righ~-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 Exhibit "A" and Exhibit "B" 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 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.
Executed this /~ day of ,,~ . , 19~7
OWNER:
By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 235"~
~~e - OR -~roved to me on the basis of satisfa~o~ evidence to ~ the
pemon~
whose name~ i~ subscribed to the within instrument
and acknowl~d~d to me ~at h~y executed the
same in hi~r authorized capaci~), and that by
hi~ signatur~on the instrument the p~o~
or the enti~ upon behalf of which the person) acted,
executed the instrument.
WITNESS my hand and o~cial ~al.
Document Date: __ Number of Pages:
Signer(s) Other Than I~
Capacity(les) Claimed by
Signer's Name: Signer's Name:
[] Individual [] Individual
[] Corporate Officer Officer
Title(s):
[] Partner -- [] Limited [] General -- [] Limited [] General
[] Attorney-in-Fact []
[] Trustee [] Trustee
[] Guardian or Consen/ator ~ [] Guardian or C~,ervator
[] Other: Top of thumb here [] Other: ~/ Top of thumb here
Signer Is Representing: Signer Is Representing:
2355
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 ~
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
JULY 27, 1999 2 3 5 9
SDE 4318
SEYED H. MOHSENI
JILL ANN FEHLMAN-MOHSENI
APN 284-101-62
EXHIBIT "A"
LEGAL DESCRIPTION
SEWER EASEMENT
A STRIP OF LAND, 20.00 FEET IN WIDTH LYING WITHIN PARCEL 2 OF PARCEL MAP NO.
9274, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER
19, 1979 AS FILE NO. 79-439399 OF OFFICIAL RECORDS, THE CENTERLINE OF SAID
STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 2; THENCE
ALONG THE SOUTHERLY LINE THEREOF NORTH 89°47'46" EAST (RECORD NORTH
87009'52" EAST), 47.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID LINE NORTH 11°39'30'' EAST, 15.33 FEET TO A LINE RUNNING PARALLEL WITH
AND DISTANT 15.00 FEET NORTHERLY OF SAID SOUTHERLY LINE OF PARCEL 2;
THENCE ALONG SAID PARALLEL LINE NORTH 89047'46'' EAST, 95.11 FEET TO THE
EASTERLY LINE OF SAID PARCEL 2.
THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS
TO TERMINATE SOUTHERLY ON SAID SOUTHERLY LINE OF PARCEL 2 AND EASTERLY
ON SAID EASTERLY LINE OF PARCEL 2.
File: surveys\4318surv~264 101 62 revd.wpd
EXHIBIT "B" 2360
EASEMENT PLAT
CARDIFF SANITATION DISTRICT
PARCEL 1 OF
SCALE 1" = 40' PM 9274
~o, ~,w~- ~ ~ t~.~'
~20' PROPOSED PUBLIC~
SEWER EASEMENT~
PARCEL 2 OF
PM 9274 I
VlClNl~ ~AP
~-m-~ ~[ PROPER~ LINE DIMENSIONS
~NDIEGUITOENGINEERING,INC. ;HOWN HEREON WERE CALCU~TED
· ~o~ .~c.~, s~,~ ,o~ FROM RECORD DATA AND TO NOT
ENClNITA5, CA 92024
.~o,,: (~o) ~-~ REPRESENT A ~ND