1991-50333
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Recording Requested by:
Cardiff Sanitation District
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) SPACE ABOVE FOR RECORDERS'S USE
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When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas, CA 92024 "
For the benefit of the District
SK'wER EASEMENT
Assessor's Parcel
No. 259-231-68
Project
W.O. No.
Log No.
CS-O56
CS-O56
N/A
Doa1 W. Miller and Akiko W. Miller
hereinafter designate. Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do(ä~) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
Grantee, a perpetùal 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, ne~dful 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)
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to convey said eas!!nt. or any portion of saiØtas~ent. to o~er
.public agencies. .
"
The' reai. property referred to herein and made subject to said
easement and right-of-way by this grant is situated in the County
of Sàn 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.
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 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 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. '
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tf/O2/COV2-116wþ5 (11-13-89/1)
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Executed this
/9
day of l/t;IIE ¡1.¡IJ({r;...,
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, 19 '70 ;
OWNER},. .
1/' ¡ IJA<~1, ,/ll
By : H.Á.. ~ 1/; 'I ~v.'----'c-
Do.a~. ~le;r ..~;!'
. ...'.'- :%' // /.. . /' -----. ..
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BY:é¿ß/ -Z~ \
,../ Akiko W. Miller ~
[Signature of OWNER must be notarized.
acknowledgement.]
Attach the appropriate
SEE' NEXT PAGES FOR NOTARY CERTIFICATES
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.
Dated:
. zfr Iv
W "-'-'- -jJ ~ .
WARREN H. SHAF , District Manager
Cardiff Sanitation District
tf/my/cov2-116wp5 (9-27-89)
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"STATE OF CA'§,ORN}) )
COUNTY OF ,flÙ '. 1£6 Ò ) SS.
ON -.tJOÙEm..ßE£. /9, IÝ~D, BEFORE ME, THE U ERSlfNED., A NOTARY ~BLlC IN,
AND FOR SAID STATE, PERSONALLY APPEARED' l- l1J. 11 Iu.E£.. 'fl 10 Y\.è (,()
(PERSONALLY KNOW TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE PEASON(S) WHOSE NAMIJfI'AIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED THAT . EXECUTED THE
SAME.
m IU-~
WITNESS MY HAND AND OFFICIAL SEAL.
S£Fi ') ¡9F?::tNOTARY SEAL)
!.- 8) OFFICIAL SEAL
SUSAN E. SPEED
NOTARY PUBliC. CAUfORNIA
SAN DIEGO COUNTY
My Comm. Expires Sept. 1. 1992
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89-019,2
1 0/15/90
EV
EXHIBIT. A .
LEGAL DESCRIPTION
FOR
SEWER MAIN PURPOSES
A portion of Parcel 1 per Parcel Map No. 8911 filed in the City of Encinitas. County of San Diego, State of
California, filed in the office of the County Recorder of San Diego County, July 12, 1979, more particularly
described as follows:
Beginning at the most Southwesterly corner of said Parcel 1; thence
1. South 7i'27'51 " East 25,01 Feet
2, North 15041'59" East 155.00 Feet
3, South 7i'27'51 " East 15.01 Feet
4, South 15041 '59" West 155,00 Feet
5. North 7i'27'51 " West 15,01 Feet
Contains 2325 Square Feet, more or less.
APN: 259-231-68
along the Southerly line of said Parcel 1 to the TRUE
POINT OF BEGINNING; thence
to a point on the most Northerly line of said Parcel 1;
thence
along said Northerly line; thence
to a point on said Southerly line of said Parcel 1; thence
along said Southerly line to the TRUE POINT OF
BEGINNING.
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SOWARDS NÐ BROWN ENGINEERING, INC.
CONSUL TlNC ENGINEERS
2187 NEWCASTI.£ A VENUE sum: 202
,CAROIff' BY 1HE SEA. CA. 82007 (619) 436 ~OO