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