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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