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1997-414957 , . . ~. 1305 .U"" "",,' 'r', ,",:"\ ", " . , " i nn"'j -i)1. i It, 0, t::",1 1 U L H .1 7 7 ¡ " It .j, "t f ,) 'I AUG 27, 1997 12:59 PM Recording Requested by: Cardiff Sanitation District ) ) ) ) ) ) ) ~ ~~~~E ABO 111111111111111/111111 II~III~'UIIII/IIIIIIIIIIIIIII HA When Recorded, Mail to: El2i:JšX)t~~ Clerk of Board Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the District SEWER EASEMENT Assessor's Parcel No. 264-241-07,264-240-30 Project TM-4400 W.O. No. DCS 054 CHRISTOPHER S. LLOYD, Trustee of The Gregory Trust Under the Will of Mar~arita Z. Lloyd Dated September 11, 1980; CHRISTOPHER S. LLOYD: and GREGORY CLEARY 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 ¿:U1Y portion of said easement, to other public agencies. tf/O4/cov2-251wp5 (3-18-91/1) . . '. 1 3 0 6 'j The real property referred to herein and made subj ect to said easement and right-of-way by this grant is situated in the City of Encini tas, 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. 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) . execut~,\ said Easement (s) 19 ,. . GRANTOR: this " 1307 'ad, ay f Ii, I \/" 0 ...J.J- , . GRANTOR has BY: CHRISTOPHER S. LLOYD, TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF MARGARITA Z. LLOYD DATED SEPTEMBER 11, 1980 / BY: CHRISTOPHER S. BY: GREGORY CLEAR 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 :::::~r:7/?( /1( ~;:://Vh" ---- Lauren Wasserman, District Manager Cardiff Sanitation District m12723.doc bak 8-12-96 . . , 1308 STATE OF CALIFORNIA COUNTY OF SAN DIEGO )SS, ) On July 14, 1997, before me, Andrea D. Maraska, personally appeared Christopher S, Lloyd, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within instrument and acknowledged 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. WITNESS my hand and official seal. /] J',.j . {)fl{} /L 'C'J/ S ¡an a tu r e (fiA:flLVlú'L 't) ~'ðC, tC.- b '::-:::~,~'""",,"""""!"'J~,,"=~--"" .,.. : .,~þ~, ANDREA D. MARASKA ~ . ",: ,> COMM. 11005598 . ;.,. NCl1ft1Y~ n '.:,' ',:!".' .~&:nmìÎÍionE~!! 11 ~.' ~TOOER 11,1Gß7 ~ ..", , . ..;<:', "'" .. '-p;¡c:,r..ì (This area for official notarial seal) STATE OF CALIFORNIA COUNTY OF SAN DIEGO )SS. ) On July 14, 1997, before me, Andrea D. Maraska, personally appeared Christopher S. Lloyd personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that hy his/her/their signature(s) on the instrument the person(s) or tIle entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. \>"~""- - ,.f, r., ~. ANDREA D. MARASKA ~ !l.. Á'-- COMM,1I1005596,' ~ :. . ":>TARY PUBUC-Cf;lF<Y:JNIA .. " . ", wsANDIEOOCCUtr,y f ".""""""..' tJN"CoIr""..,!":,';~~.,i".,~I.:""':" ,( ,'~':~1!:. r:'>" :"' '";,';:;":," " . , . Signature ili lL:Lv_¡l\þlll!~tL1{i ~~ (This area fo[ official notarial seal) CÅLlFORNIA ALL-PURPc8 ACKNOWLEDGMENT . State of "1309 CItz- t":::¿(,cAu t./A $"~ ']:> l~60 on_~ I ~a~e f1~7 beforeme,JÞb.~,jNa!:a~/:f'oJ~r(e~~~~~~eii3!/3LI~ , personally appeared *" bfz?11vf2ý é-UtA/èJf~. , . '-- Name(s) 01 Signerls) ')4 personally known to me - OR -l~ovcdto me-OR the basis of satisfaGtOt~enC€' to be the person()() whose name~ën'e""Subscrib~ to the within instrument and acknowledged to me tha~/-8on~/tlley executed the ~~e in~ir authorized capacity(~), and that by ~r signature()l on the instrument the personÇliû, PENA or the entity upon behalf of which the person~'acted, JASON A, ~ executed the instrument. Comm. #1112766 Q . NOTARY PUBLIC CALIFORNIAo SAN DIEGO COUNTY Comm. Exp, Oct. 6, 2000 .. County of WITNESS my hand and 0 . OPTIONAL Though the information below is not required by law, it may prove valuable to fraudulent removal and reattachment of this fo / Description of Attached Document \ Title or Type of Document: 5-1í,,-,1'tZ. {{P £~I./ r Document Date: )U!tf t4( {'f4 -, Signer(s) Other Than Named Above: ~I Jt1L ¡""T i Number of Pages: 7 Capacity(ies) Claimed by Signer(s) Signer's Name: b(lÆ{<¡J(U.j ~ Individual orporate Officer Ti (s): Part I' - Limited Attorn -in-Fact ¡ Trustee Guardian or Other: Individual : Corporate Office Title(s): Partner - Limited Attorney-in-Fact Trustee ì Guardian or Conservator Other: . General General "',. \ \ \ Top of thumb here Signer Is Representing: Signer Is Representing: "- '" " cÇ11995 National Nolary Association. 8236 Remmel Ave, PO Box 7184 . Canoga Park, CA 91309- 7184 Prod, No 5907 Reorder. Call Toll-Free 1-800-876-6827 . . , . EXHIBIT 'A' . 1310 LEGAL DESCRIPTION - SEWER EASEMENT A PORTION OF LOT 7 OF THE SUBDIVISION OF TRACT 87041, ACCORDING TO MAP THEREOF NO. 12816, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 21, 1991, AS MODIFIED BY CERTIFICATE OF COMPLIANCES'S RECORDED FEBRUARY 19, 1993 AS DOC. NO.'S 1993-0106697 AND 1993-0106698, O.R., AND A PORTION OF LOT 1 OF THE SUBDIVISION OF TRACT 93- 029, ACCORDING TO MAP THEREOF NO. 13320, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 25, 1996, ALL IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 15.00 FOOT WIDE EASEMENT THE CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF LONE JACK ROAD AND DOUBLE LL RANCH ROAD AS SHOWN ON SAID MAP NO. 12816, SAID INTERSECTION ALSO BEING A POINT ON A NON-TANGENT 570.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 70°38'44" EAST (NORTH 70°44'37" EAST-MAP 12816); THENCE NORTHERLY ALONG SAID CURVE AND THE CENTERLINE OF SAID LONE JACK ROAD THROUGH A CENTRAL ANGLE OF 6°25'05" A DISTANCE OF 63.85 FEET (6°28'53" 64.48 FEET - MAP 12816); THENCE TANGENT TO SAID CURVE NORTH 25°46'21" WEST 176.02 FEET (NORTH 25°44'15" WEST 175.36 FEET - MAP 12816) TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °55'31" A DIST ANCE OF 72.85 FEET; THENCE LEAVING SAID CENTERLINE RADIALLY SOUTH 76°09'10" WEST 30.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID LONE JACK ROAD AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE SOUTH 06°27'09" WEST 525.36 FEET TO THE NORTHEASTERLY LINE OF THAT 20 FOOT WIDE SEWER EASEMENT, RECORDED FEBRUARY 12, 1993 AS FILE NO. 93-92653, O.R. THE SIDELINES OF THIS EASEMENT SHALL BE LENGTHENED OF SHORTENED SO AS TO TERMINATE IN THE NORTH WITH THE WESTERLY RIGHT OF WAY LINE OF LONE JACK ROAD, AND IN THE SOUTH WITH '}tHE NORTHEASTERLY LINE OF SAID 20 FOOT SEWER EASEMENT. CONTAINING 7,890 SQ. FT., MORE OR LESS. A.P N. 264-240-30. 264-241-07 LD D. HARVEY, JR. 92 EXPIRES 12/31/199 éj" ~:;;~:~p:,.", ~ ~,J>'\<,'JJ."I 3,"< ;' ~' " , , l.'~ If/J,:;'Y,;I 4~ '-~ t',' ,;/'~"' /'<v VI"' -- r¡.1~"" '-.\ F". ; 'v ,.... \" "', J'. 2 {. 1/<;'.' '_"'r '1"'-"'\-(" . ..-I,.II':.:,<",:,!: """,," 'f' p i\ .) ,I .. .¡ ,',"""":.:J, 'S""""'9?~' , I 'j' "" '-. '- ~ , \,~', ,- "",~- ,- -.,? I '- ~ Ii, '-'~ \' ' ) ".', / ' ',:'~'7:~~.£~j)/ .,~.- . .' I P. O.B. .g~rr.) .ð.=l1'55'318 R= 350, 00' L= 7285' 100 0 ~~ 1 INCH = 100 FT. " 1 311 100 I 200 I 0 Z<l. §~ ¡¡: S1E wté: OOJ~ \ioJ-O'\l fi1 RANO1 RD. ð <r B..'<fi (NONITA5 \JI CNTY MAP NT:' MAP -j28-j 6 1 LOT 7 A.P.N. 264-241-07 JRf ~./ - N70'38' 448E(ID. P,O,6, ~cœ.LOT7 fH ~ ~"r&. h 'ð.~~ "{" .j " ': ~ EA~ " If ~~~ . ~8 <U- <œ)3. 0. R. '" Nt? 55 E " " 10.83' "'" ~ " " LOT -J j\jJJ-\p -J3 320 A.P.N. 264-240-30 LEGAL ŒSCRIPTl~ A P<RTI()I œ LOT 7 œ M: 5ID\151()1 œ mAGT 87041, AG<XJU-.IG TO MAP ltffi(]" NO. 12816, Fl£D ~ M: ŒflŒ œ 1tf COJN1'( REc:anR œ SAN []EGO COJNTY, MAY 21, 1qcu, AS MŒftD BY CfRlfICAìE œ Ga'1P1..JANŒS RECœŒD fEffilJARY 1q, 1cm AS roc. NO.'S 1cm-01066CU AI'{) 1cm-01066qa, O,R., AI'{) A P<RTI()I œ LOT 1 œ 1tf 5ID\1~ œ mAGT '13-02<\ AGcœDNG TO MAr NO. 13320, fl£D ~ "Jtf: CffIŒ (J" 1tf COJNTY REc:anR œ SAD SAN ŒGO COJNTY APRI.. 25. 1CÆ, AU. ~ M: arr œ ENClNTAs, COJNTY œ SAN ŒGO, STAìE œ CALFœNA r:::l ~EA3J"ENT U 7,Em ~FT. IlJŒK & AS~OA lEs, Nc. EXHIBIT "B" 605 Jd. STREET ENONITAs, CA Q2024 (61Q) CJ42-5147 æœA::fA.DVG 8-2.3-CE I I :HTI1Œ"1 PLAT TO ILlUSlRAìE ~ EA3:MENT