Loading...
2003-274099 Recording Requested by: MAR 11, 2005 4: 21 Pkt City of Encinitas OFFICIAL RECOR~ SM DIE~ COUN~ RECOR~R'S OFFICE When Recorded, Mail to: G~G~Y J. ~ITH, O~NTY RECTOR city Clerk FEE~: 0.00 City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City SPACE ABOVE FOR RECORDER'S ,~?p," USE ONLY SEWER EASEMENT Assessor's Parcel Project No. CS 400 No. 264-101-16 W.O. No. DCS 400 REID AND KRISTINA TRACY, HUSBAND AND WIFE AS JOINT TENTANTS hereinafter 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 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 ~V~ , 2003 OWNER :~/ By: [Signature of OWNER mus tarized. Attach the appropriate acknowledgement. ] 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. By: ~>A Peter Cota-Robles, P.E. City Engineer City of Encinitas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of,~//L.._~ ~ ss. On ~/~/~ personally appeared [] personally known to me ~ved to me on the basis of satisfactory evidence  to be the person(s) whose name(s) subscribed to the within instruj3~nt and acknowledged to me that he~ecuted ~'.z.o.0.7 ~ the same in his/he(/their ~ authorized capacity(les), and that'"-b~y his/he~ 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. OPTIONAL Though the information below is not required by law, 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 Signer's Name: .... [] Individual [] Corporate Officer--Title(s): T~p of thumb here [] Partner -- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: EXHIBIT "A" PARCEL 1 THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND M'F. RIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALFIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. EXHIBIT '~B" SEWER EASEMENT AN EASEMENT FOR sEWERLINE PU1LPOSES OVER, UNDER, ALONG AND ACROSS THE WESTE1LLY 20.00 FEET AND SOUTI-IERLY 20.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIYOR/qlA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. /~ VESTING DEED ~ t999-509t29 APN 264-t0~-4£  NWJ/:4, SEJ/4, NttJ/4, IVltlJ/4 SEC 9 TJ3S, R3W, SBBH PRO:~qEO 20' ~t.I~IC APN ~64-10t-.~8 APN ;264-~0~-.~7 SCHIBLER INDICATES SEWER EASEMENT APEA PE .f035