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1999-817915 ~'1 \ u C?\ í,' ~,\, ,,"\ ' /,0 \\111'1111111 ~II~ 111111111111111\1\11 1999-0B17!)1E, t" F:' '0<> , 'H H' ,: JUlJ t,; +J. ..¡ i ~ ~~- "1.... " ..= t,. "I ~,:;, -:~ ~",~J Recordjng Requested by: Cårdiff Sanitation District ) ) 2667 ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY DF;~C: - ,<'. ,- 0, ,,+"+ n --, ¡, When Recorded, Mail to: District Engineer Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the District ::;AN DC: SEWER EASEMENT ."" Assessor's Parcel No. 262 - 080 -20 Project No. MUP 97-111 W.O. No. 5461-G ENCINITAS HERITAGE PARTNERS, LLC, a Delaware Limited Liability Corporation 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 subj ect 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: . . 2668 See Exhibit nAn aJ"lt1 1':lrñí Ai". hereof by this reference. r~" at tached hereto and made a part 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 I Lj# day of ~ J(JA/£ , 19~. OWNER: Carrick, M.D., presldent El\CINTI'AS HERTI'AŒ PARINER$, ILc, a Dalawace LlinitEd Liability O:q:.cratiœ By: BK/csewer.doc (08-17-98) C~LlFORNIA ALL-PURPOt ACKNOWLEDGMENT . State of I \ I ( ,\ County of , ,\ ~ I: I ' ¡ On i, : 1 , Date 2669 1,1, '~I , " J", " " .,! before me, \ Llj,! )í"J( " ./l,: ,;;1;,11" ""I' Name and Tille of Officer (e,g , "Jane Doe, Nota", Public") \ personally appeared J \ \1, ! \ l, :( ii. ( ( '( \ ", i,:¿ I 1) . I J Name(s) of Signer(s) QJ personally known to me - OR - tJ proved to me on 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/shelthey 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. t e- ~.,: .-. .-. ;H;sn: ;C:El - .-. 1 :;;: , ' CommIaIon#1013629 ¡¡ ~ . Ma Notary PtbIIc - Calfamia ~ l' fr~ Cou1ty - - - '8" _Mv:C::~:~:":'! WITNESS my hand and official seal. i I ,\ \: ' ( Signature oj Nota", Public 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(ies) Claimed by Signer(s) Signer's Name: Signer's Name: C Individual D Corporate Officer Title(s): 0 Partner - 0 Limited C General C Attorney-in-Fact [J Trustee 0 Guardian or Conservator LJ Other: [J Individual 0 Corporate Officer Title(s): D Partner - 0 Limited [J General LJ Attorney-in-Fact D Trustee [J Guardian or Conservator D Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer Is Representing: @ 1994 NatIonal Nota", Association' 8236 Remmet Ave" P,O, Box 7184' Canoga Park, CA 91309-7184 Prod, No, 5907 Reorder: Call Toll,Free 1'800,876,6827 . . . . 2670 GOVERNMENT CODE SECTION 27281 This is to certify that the interest in real property conveyed by deed or grant to the Cardiff Sanitation District, lS 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 :: -" I"," ,-j \ i ~, '., By: I ' ' , I j 'v'-< V \ ,_oJ I" " ..'~ I '. . ' . ',". ,1'-., Alan D. Archibald, P.E. District Engineer Cardiff Sanitation District , '- ~ . , . . EXHIBIT" A" (PUBLIC SEWER EASEMENT) 2671 A PUBLIC SEWER EASEMENT, OVER, UNDER, ALONG, & ACROSS ALL THAT PORTION OF THE SOUTHERLY 610 FEET, OF THE EASTERLY 360 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, BEING WITHIN THE CITY OF ENCINIT AS, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, THE CENTERLINE'S BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 A 24.00 foot wide easement, beginning at the intersection of the northerly line of the southerly 20.00 feet of the above described property, with the centerline of El Camino Real, as shown on Road Survey Map 1802; thence westerly along said northerly line, North 89°50'54" West, 360.00 feet Excepting therefrom all that portion lying within E1 Camino Real, as shown on said Road Survey 1802. . "EXHIBIT A" PUBLIC SEWER EASEMENT PLAT .. ~ SCALE: I 1" =50 ' MANCHESTER AVENUE -I « I. lLI 63'a: I CIL EL CAMINO REAL (RS 1802) POINT OF BEGINNING ~-y -- -~ ~ I -EXISTING SEWER -I I I. lLI N 0') -...J r-.) 1 N89850'54"W PARCEL 1 360.00' tf) TENNIS CLUBIDRIVE (PRIV ATE) 77l7:ij';;;/jlA// ~:Ø?> £t 77 -- -- -- PROJECT SITE PROJECT BOUNOAR~-~ -- ~~~:: -- TENNIS CLUB DRIVE EL CAMINO REAL I~ERSTAIT ~ VICINITY MAP NTS ',"", ~ PASCO ENGINEERING (619) 259-8212 535 N. HWY 101. STE. A SOLANA BEACH, CA 92075 PE 723F