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1991-470298 " , . , t 784 Recording Requested by: Cardiff Sanitation District ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDERS I S USE ONLY' I \r; II ',\ r !, \ !\'\ ' \, i, 1/ When Recorded, Mail to: District Engineer Cardiff Sanitation District 527 Encinitas Boulevard Encinitas, CA 92024 . For the benefit of the District SEWER EASEMENT I Assessor's Parcel No, 265-026-16 Project W,O, No, Log No, :I'M 90-:-073 103S:":'J NIA' , , \~j ~M!"TARY T~If£R TAX . -~ ,.;J/~ R- ~Æ~ Rosemary Bumann and George Theodore Bumann, as Trustees of the Bumann Family Trust, 'dated ,July 3, 1990 hereinafter designate Grantor(s) , owner(s) of the hereinafter described lands, for a valuable consideration, do.,~, hereby GRANT and CONVEY to the Cardiff Sanitation District herein designated Gra,ntee, 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 tf/my/cov2-116wp5 (9-27-89) 785 to convey, said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made s.ubject, 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" attached hereto and made a part ,by 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 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 with building or structure of any nature or kind that will interfere with the use of said easement and right-of-way Grantee, its successors or assigns, or. that will interfere with the ingress or egresß 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 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 r'emoved, by it, tf/my/cov2-116wp5 (9-27-89) 786 Executed this ~ day of î1, . , 19+1. OWN~ By:. ..~ ~i .~4?tJ . . Rosemary umann Trustee BY:b 1:t~.- ~ Georg Theodore Bumann, Trustee (Signature of OWNER must be notarized, acknowledgement~] Attach the appropriate This is to certify that the interest in real property conveyed by the foregoing deed or grant to the CARDIFF SANITATION DISTRIC~ a political corporation and/or governmental agency is hereby accepted on., . behalf of its Board, pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979, and Grantee consents to the recordation thereof by its duly authorized officer, Dat~d: '1- q- q\ . . .. . W~~ f.¡V4~N ~ArE~ OIJ7Rlcr ¿II/1A-N~é~ '" CAÆ()/.¡:ÿC JiI:1N/T4r¡-,oN LJ/J7ZYcr- .. tf/my/coV2-116wp5 (9-27-89) 787 STATE OF CALIFORNIA COUN'J'Y OF' SAN ) 1 EGO ) ) ) E; E3 . tX~ ON !J . /7k?1 BEI<'ORE ME, '1'HE UNDERS I ONED, A NOTARY . ] I~ AND FOR SAID S'rATE, PERSONALLY APPEARED RO:3EMAEY BUMANN, (PERSONALLY KNOWN TO ME)(PROVED TO ~E ON THE BASIS OF SATISFACTORY EVI DENCE) TO BE '1'H8 'rfHJ,':';1'EE OF THE BUMANN F AMI L Y 'fRUS'1' DA'I'E;O JULY 3, 1990 ~>JHO.sF: NAHE IS SUBSCR I BED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO HE THA'I' HE F~XECUTED 'I'HE SAME IN HIS AU'nIORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. (7 f(v WITNESS WHEHF' OF T HAVE [~E'I' MY HAND 'rIllS -...12------.-- DAY OF Z9~ ,1991 SIGNA'rURE: . ~ -- :;;. f. ?:~ NAME: r . /;¡- - ¿/I'/...f1!7{2 PRINCIPAL PLACE OF BUSINESS: £4CI"~Þ-o MY COMMISSION EXPIRES: ~ 3~;9~ / I" OFFICIAL SEAL CORNELIA A. ELLISOR NOTARY PUaLlC . CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Nov. 23, 1992 , . 788 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ) SS. ON 6 01 'J ð..... /'7'f / BEFORE ME, 'I'HE UNDERS I GNED, A NOTA~ ~¡¡C;;;¡;N AND FOR SAID s'rATE, PERSONALLY APPEARED GEORGE THEODORE BUMANN, (PERSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE TRUSTEE OF THE BUMANN FAMILY TRUST DA'rED JULY 3, 1990 WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THA'!' HE EXEcu'rED '1'HE SAME IN HIS AUTHOR I ZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE: PERSON, OR TilE EN'l'I'I'Y UPON BEHALF OF WHICH THE PEL~SON AC'I'ED, EXECUTED 'I'IIE INSTRUMENT. WI'rNESS WI- VE SE'l' MY HAND '1'IIIS J~ - DAY OF , 1991 ~~~~ATURE: ~~~,.:. PRI~~IPAL PLACE of~/~~SINES:S: -,~ø-~~---- MY COMMISSION EXPIRES: /#'.¿?>/92- I' r OFFICIAL SEAl. CORNELIA A. ELLISOR ~ NOTARY PUBUC . CALIFORNIA PRINCIPAL OfFICE IN SAN DIEGO COUNTY My Comm.ssion ExPires Nov 23. HI92 789 , ' SHEET 1 OF 2 E X H I BIT " A" LEGAL DESCRIPTION SEWER EASEMENT THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 15333, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 5, 1988 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 3 DISTANT THEREON N 73'21'17" W 196.49 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; THENCE N 15'07'18" E 20,00 FEET; THENCE S 74'52'42" E 20.00 FEET; THENCE S 15'07'18" W 20,53 FEET TO SAID SOU'l'HERLY LINE; THENCE ALONG SAID SOUTHERLY LINE N 73.21'17" W 20,01 FEET TO THE POINT OF BEGINNING, v-'{f.,,6fES~¿J. ' ,,-:~.~} "~_.~~(~ ,(/<":5,':""";,:-,",, t.. A, ,ò.(ì~ <f:~~\ :~~~;;./;;;,:\, " .~I~~;f~:'~~:\ t.I,.~'.Ti~:i.;'.)~.9~. C\,\'.';'\.' ¡:\ ~.;, ~ ~\~! '~~~ì" ,! ~}) t' '¡ ¡ -'Co'. ,....010.;" / , F J \, \', g~r'5.,¡.';..r:>;1 '~~::~,~..,;:. ~';,":':.~!,:\,Ú-,:øJl ~-.::"J \~;"'. ,~?.~~"~;;...,7 ~~ 0 0) r- SEWE R EASEM ENT PLAT I- W W Q:: I- (f) ~ SCALE r--. 111=60. \ = LL I ,-,-,- " L_\..' I : = r~ ~ r-.. ~.. ,.- . :-,:.. ,_,I :.. L' , ,-" \ '..... L- - t. ,... ", I'.:} :" 1/-,; '1 ~-:, '~ '~ ,.~ 1 ...... -' ....' ....' r- , r-,,\ ..-.. ,..- I :--:'~\ !-, t.... t:. L ,~ .:.": P...\ r.'J,'" ~::-: , ,-'.1" '.... ~.I.- )J /5°07 '18 H 20.00' A./ISOO7'/8"é 20.S3' RO.B. 19(Ö.49 , ---1.../73°:?/'/7"W 472.09'." I '-'-õ 'ì L.'../ I L- : .--.-.- ~. '.' , 3 -,- ~ ~ . IV, '0" -, -'7'-, '-I I I - I I . -. "" ", ~ sewe.e. é4SéHëIJT pelZ TH 90-073 ~ IIJD/caTes se.wel2 é4Se,MéAJT Gl2?ll.../TéD TO Ji./é C4IZDIF¡= SaA.J/TaTIO)../ DISTe/cT. ..~ ....' EXH I BI T !lA" SHEET 2 OF 2 PASCO ENGINEERING (619) 259-8212 535 NO. HIGHWAY 101 SUITE A SOLANA .BEACH, CA 92075 PF ~ ~q