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1999-817908 DOg 1999-0817908 2638 D~C~ ]_7, ]_S~ 8: 3~ Ai~I OFFICIAL Recording Requested by: S~ ~)IEOU COUNTY REOOR~R'S OFFICE Cardiff Sanitation Dlstriet ~Y J. SMITH, Q]UNTY REQ]RI)ER When Recorded, Mall to: FEES: 0.00 Clt¥ Clerk i]C: NA Clt¥ of En¢initas Enelnltas, ~ 92024 _F. or the benefit of the City, SPACE ~BO\ 1999-0817g08 USE ONLY EAS T Assessor's Parcel No. 264-223-13 Project: W.O. No. ~9 Signature Series, Inc., A California Corporation hereina'fter designated Grantor(s), owner(s) of the hereinafter described lands, 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/sewer.doc (1~2-98) 2639 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 r-ight-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) 2.640 O~R: [Signature of OWNER must be notarized. Attach the appropriate acknowledgment. ] BK/hz/sewer.doc (1-2-98) 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. ~ ~/ur ,,~,~ Dated: i?~ , -ff'~ By:~ Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District ALL-PURPOSE ACKNOWLEDGEMENT State of California _ ~ ' ~^~ /'~v~ before me, personally appeared personally known to me OR - [~x 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 J'~l~ u~0A C. C00~[tt J~ signatures(s) on the instrument the person(s), ~iC.I~[~ Comm. t/12191~7 ~ or the entity upon behalf of which the ~, ~.~'./ ~OiqoCo~n~ N person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL IN~RMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowb edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT [] PARTNER(S) [] ATTORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: RIGHT THUMI3PRINT NAME OF PERSON(S) OR ENTITY(lES) OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362 3369 J.N. 98-070 8/2/99 2643 EXHIBIT 'A' LEGAL DESCRIPTION FOR PUBLIC SEWER EASEMENT (APN: 264'223-13) Being a Portion of Parcel 4 of Parcel Map No. 3533 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 February 20, 1975 as File No, 75-039190, more particularly described as follows: Beginning at the Southeast corner of said Parcel 1; thence along the Southerly line of said Parcel 1 1. South 88°31'11" West 10.00 Feet to a line parallel with and 10.00 feet Westerly of the Easterly line of said Parcel 1 and TRUE POINT OF BEGINNING; thence continuing along said Southerly parcel line 2. ,South 88o31'11" West 20.00 Feet to a line parallel with and 30.00 feet Westerly of the Easterly line of said Parcel 1; thence leaving said Southerly parcel line along a line parallel with said Easterly parcel line 3. North lO26'00" West 20.00 Feet to a line parallel with and 20.00 feet Northerly of the Southerly line of said Parcel 1; thence along a line parallel with said Southerly parcel line 4. North 88o31,11, East 20.00Feet to a line parallel with and 10.00 feet Westerly of the Easterly line of said Parcel 1; thence along a line parallel with said Easterly parcel line 5. South 1°26'00" East 20.00 Feet to the TRUE POINT OF BEGINNING. Contains 400 square feet, more or less. ~8070.1g! 1 EXHIBIT 'B' APN 2.~4-222-£0 (A.P.N. : 264-225-15) 2844 I I PARCEL 1 , , I ,. J 20J. 96' _~~P.O.B. : _ - - - .... No. 98-070 8/2/99 I