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1988-536785 NO TRANSFER TAX DUE 1 1 1 1 1 1 1 PE':.:C>~L¡:D F'~:QL;;::ê;r OF 1 DEPT. GENERAL SERVICES 1 1 t71 . Ö'" f.~', (', '"," 536785 .\0 " ~ . REC. ORDtD., PLEASE MAl. ~~ I NSTRUMENT TO: City Clerk City of Encinitas 535 Encinitas Blvd., Suite 100 Encinitas, CA 92024 <'-~..,..,..,,- -.. . L- '., ;: -' :.. : ~ ...:.; SPACE ABOVE FOR RECÙRDER'S USE ~NLY NO FEE EASEMENT SEWER LINES AND APPURTENANCES Assessor's Parcel No. 259-231-69 Project: SEWER ENCINITAS W.O. No.: TE5367 Parcel No.: 88-0020-A Log No.: 264-09 JAMES M. FROST, Trustee Under Declaration of Trust Dated November 13, 1986 hereinafter designated Grantor, owner of the hereinafter described lands, for a valuable , consideration, does hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT herei n desi gnated Grantee, a perpetual easement and ri ght-of-way upon, through, under, over and across the herei nafter descri bed 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 i nci denta 1 thereto, together with the perpetual ri ght to remove bui 1 di ngs, 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: Parcel No. 88-0020-A (2-29-88) (ENG:JA:mrt) The Northeasterly 10.00 feet of the Southwesterly 40.02 feet of the Southeasterly 122.48 feet of Parcel 2 of Parcel Map No. 8911, in the City of Encinitas, County of San Diego, State of California, according to said Parcel Map No. 8911 filed in the Office of the County Recorder of said County. TOGETHER WITH the Southeasterly 10.00 feet of the Northwesterly 40.02 feet of the Northeasterly 194.98 feet of said Parcel 2. ,'- -,'> .l2 i;he Gçmtor mây, at his own risk,.the surface of the above described reAoperty in a manner that will not inter- f~q wi~ tJr be detrimental to the use of said easement and right-of-way by G_ee, its successors and assigns, provided no trees shall be planted or grown thereon, The Grantor hereby covenants and agrees for himself, his 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 wi II 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 Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 excava- tion as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete sur- face with like material and will replace any fence removed by it. --~': Executed this~ . day of , 19~ " " / / JAMES M. FROST, Trustee I ; , STATE OF County of ~ 58. I On and State, personally appeared , 19_, before me, the undersigned, a Notary Public in and for said County whose name executed the same, subscribed to the within known to me to be the person instrument, and acknowledged that twltne" my hand and official seal. I Notary Public in and for said County and State Th is is to certify that the interest in real property conveyed by the foregoing deed or grant to the CAROIFF SANITATION DISTRICT ' a political corporation and/or governmental agency is hereby accepted on behalf of its Board, pursuant to autho~ity f d d led on March 20 1979 and the Grantee consents to the recordation ~Q~I~\\~~ ~~ ~~~~Q\utio~ at said ,Boar a op' , \n~¡~o\ b~ its duly autl10riZe~ officer. t :\. j. !.' ~ ~ L i- I f' . 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