1992-
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03- JUH-199Z 08: {¡ 1 (-)M
RECORDING REQUESTED BY AND,
WHEN RECORDED MAIL TO:
)
)
District Engineer )
Cardiff Sanitation District)
527 Encinitas Boulevard)
Encinitas, CA 92024 )
For the benefit of the District
OFFICIAL RECORDS
SAN DIEGO COUNTY PECOPDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
....
r~1-!
SPACE ABOVE FOR RECORDER'S USE
SEWER
EASEMENT -Q - -
DOCUMENTARY TRANSi£R TAX I- ~
Project TPM 88-052/CS-121
W.O. No. 2559PM
Assessor's Parcel
No.: 264-030-53
Auerbach Trust Aqreement Recorded March 20. 1992
as File/Paqe No. 92-0156003
hereinafter designate 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 exclusive 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 ground level or below ground structures incidental
thereto, together with the perpetual right to remove buildings,
fences, 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 City
of Encinitas, 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
by hereof by this reference.
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.
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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 use of said easement and right-of-way by
Grantee, its successors and assigns, provided no trees shall be
planted or grown thereon and the entire area encumbered by the
sewer easement shall be graded flat and unobstructed at all
times, unless authorized by the Grantee in writing. Grantor may
install a driveway over or acreoss any portion of the easement
and right-of-way.
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 buildings or
structures of any nature or kind that will interfere with the use
of said easement and right-of-way unless authorized by said
Grantee, its successors or assigns, or that will interfere with
the ingress or egress along said easement by said Grantee, its
successors or assigns. When authorized by the Grantee, gates
will be permitted as long as said gates remain unlocked, or, if
locked, then Grantee shall be provided with a key at all times.
In addition, Grantors, their successors or assigns, will be
responsible for all existing improvements within the sewer
easement and Grantee will not be held liable for any damages,
thereto.
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 in any excavation made by it in the above
described easement and right-of-way Grantee will back fill 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.
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564
LEGAL DESCRIPTION
EXHIBIT ç,
A 20.00 foot wide strip of land lying within Parcel 2 of Parcel
Map No. 3278~ in the City of Encinitas. County of San Diego~
State of California~ filed in the Office of the County Record€"J
of said County on December 5. 1974 as File/Page No. 74-318065
of Official Records. the East line of said strip of land being
described as follows;
COMMENCING at the Southeast corner of Parcel 2 of said Parcel
Map No. 3278; thence along the East boundary line of said Parcel
2~ North 01° 31' 07" East (North 01° 03' 16" West RECORD per
Parcel Map No. 3278, in the City of Encinitas, County of San
Diego~ State of California, filed in the Office of the County
Recorder of said County on December 5, 1974 as File/Page No.
74-318065 of Official Records) 84.15 feet; thence North 04° 03'
06" West 256.73 feet to a point on the North boundal-y 1 ine of
said Parcel 2, said point being distant thereon North 88° 18' 07"
West (South 88° 09' 48" West RECORD per Pal-eel ("lap No. 3278, in
the City of Encinitas~ County of San Diego, State of California,
filed in the Office of the County Recorder of said County on
December 5~ 1974 as File/Page No. 74-318065 of Official
Records) 24.92 feet from the Northeast corner of said Parcel 2.
said point also being the POINT OF TERMINATION.
The sidelines of said 20.00 wide foot strip of land to be
prolonged or shortened so as to create a continuous strip
land 20.00 feet in width commencing at the South boundary
and terminating at the North boundary line of Parcel 2 of
Parcel Map No. 3278.
of
line
said
SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF
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