1994-655272
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When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit o~ the Distric~
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Recording Requested by:
Cardiff Sanitation District
SEWER EASEMENT
Assessor's Parcel
No. 264-030-65
Project
W.O. No.
DCS183
Michael C. Colton and Kathie N. Colton
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 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
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.
tf/04/cov2-251wp5 (3-18-91/1)
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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 IIA" and Exhibit IIBII 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 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.
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 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.
tf/04/cov2-251wp5 (3-18-91/1)
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Executed this t' f k... day of
, 191:j-.
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[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 DISTRICT 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.
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Dated: /O - U -'7 f
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- : . District Manager
Cardiff Sanitation District-
tf/O4/cov2-251wp5 (3-18-91/1)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared n\~cl-\(1e\ to Cc,\,tGV'\. ~ L/'"tL:c; U,('r\~\v\
NAME(S) OF SIGN~
M personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
'If to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), 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.
State of C (,I \' , .ç , y~ ~." lrA,
County of "C; (I \1'\ 0'\ (J.:) (',
On~ before me,
DATE
BAMBi GILBERT- -I
COMM. #940343 Q
NOT AAY PUBLJC.C
SAN DIEGO c~~
t.1>' Commission "êXPifes -
~EPTEM8ER 1~ 19951
WITNESS my hand and official seal.
S!~(k [) ~C~HT
SIGNATURE OF NOTARY
No,
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though slalule does not require the Notary \0
fill In the data below, doing so may prove
Invaluable to persons relying on the document.
~INDIVIDUAL "
. 0 CORPORATE OFFICER(S)
TlTLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTlTY(IES)
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES f.£; DATE OF DOCUMENT '1. f). (14
Though the data requested here is not required by law, '----_.,----,------.>
It could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
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J.N.93-165
June 16, 1994
EXHIBIT' A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
(APN: 264-030-65)
An easement for public sewer purposes over, under, along and across that portion of Parcel 2 of Parcel Map No.
6594, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego
County, November 23,1977, more particularly described as follows:
Beginning at the Northwest corner of said Parcel 2; thence along the Northerly line of said Parcel 2
1.
North 76042'02" East
15.00 Feet;
thence
2.
South 13017'58" East
10.00 Feet
to a point which is parallel with and distant 10.00 feet
measured at right angles South of the Northerly line of said
parcel 2; thence along a line parallel to Northerly line of
said Parcel 2
3.
South 76042'02" West
15.01 Feet
to a point on the Westerly line of said Parcel 2; thence
along the Westerly line of said Parcel 2
4.
North 13015'26" West
10.00 Feet
to the POINT OF BEGINNING.
Contains in all 150 square feet. more or less.
colton
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SOWARDS NIl) BROWN ENGINEERING, INC.
CONSULTING ENGINEERS
2187 NEWCAS1lE AVENUE SUI1E 202
CARDiff BY THE SEA, CA. g2007 , (619) 436 8500