1999-817904 " DOC 1999-0817904
~.os~?~o,~ DeC 17, 1999 8: 2~7 A~"'I
Recordin9 Requested by: ~ C~Y J. ~ITH, ~TY ~DER
Cardiff Sanitation District 8~ DIE~ ~TY ~DER'S ~F~CE
When Recorded, Mail to: FEE~: 0.~
City Clerk ~: N~
Cicy of Encinitas
505 SouCh Vulcan Avenue
~ Encinitas, CA 92024
~ ~or the benefit of the City SPACE ~O~ FOR RECO~ER,S
USE ONLY
%~ Assessor,s Parcel
No. 264-223-16 Project:
Alex A. Ver~ara and Dora A. Ve~Husband and Wife, as Joint Tenants
hereinafter designated Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(es) hereby GP~
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)
2623
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.
BK/hz/sewer.doc (1-2-98)
OWNER:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgment.]
x~
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.
Dated:
Alan D. Archibald, P.E.
Distri~ Engineer
Cardiff Sanitation District
2626
porsonal]y known to me {or proved to me on
FOR NOTARY SEAL OR STAMP
the basis of satisfactory evi~dence) to be
the person(s) whose name(s) is/r~subscribed to
the within instrument and acknowledged to me that -~""'"'"'~'.
he/she/tl~ executed the same in his/her/their
authorized capacity(i~)~, and that by his/her/their
signature(~ on the instrument the person(s), or
V ~'ARY P~LJC - CALIFORNIa,
the entity upon behalf of which the person(s)
acted, executed the' instrument.
Signature ~/~ ~" ~ ~~
STATE OF CALIFORNIA, "
COUNTY OF ~ S.S.
On ., before me,
, a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to mo on
FOR NOTARY SEAL OR STAMP
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
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,
Signature ..
TE 160 Legal (2-94)
J.N. 98-070
2/10~99
2627
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
(APN: 264-223-16)
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:
The Westerly 20.00 feet of the Easterly 30.00 feet of said Parcel 4.
Contains 4,865 square feet, more or less.
~aOTO.~g/
EXHIBIT 'B' 262
'A/fl'2~4~225_.15(A.P.N. : 264-225-16)
~ ~7~ ~o. oo'
6=16~59'57''
I
PARCEL 4
PM 5555
A.PN. 264-225-16~ ~
APN 2~4-22o- 1o
20' ~DE PUBLIC SE~R I
~EASE~ENT GRAN~D HEREON , I 20.00'
~r~'oo"w ~.~ _~,_ ~
'~/' U, UU -