1994-655276
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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 District
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Recording Requested by:
Cardiff Sanitation District
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SEWER EASEMENT
Assessor's Parcel
No. 264-030-35
Project
W.O. No. DCS183
Roy K. Okita and Junko Okita and Katsuhiro Miyamoto and Michiko Miyamoto
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 saiJ 9 6
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 "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.
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The Grantee hereby covenant,s 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.
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STATE OF CALIFORNIA
COUNTY OF ð /LA-N'(':¿;:
On V c.' i- Y /0 /97' Ý
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before me,
} SS,
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497
t//C...70/t..., /'-1' (lÆJIJ7/'lÆ/G.4L
(Notary Name and Title)
personally appeared K.ATS{J,LI//'Lò A..I / YArft)ï() I /-1/C ",.¡./I¿d !V/Y/'t/,,?{)7ë)
/2.ðY,K, O/ClrA ANI) ,./t./N;lé.ò Ô/<.¡ir¡4 ----
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personally known to me (or pro~ 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/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.
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T-721
OFFICIAL NOTARY SEAL
VICTOR M CONfPERAS
Notary Public - C¡;¡!ifornia
ORANGE COUNTY
My Comm. Expires MAR 08,1995
(Notarial Seal)
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498
Executed this It) TH
day of dú¿ Y
, 19..zL.
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OWNERV¡ i
BY:,(/2S ,k ~.
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By: (~~ if¡ ~:;¡
[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.
Dated:
/o-zc-rr
~Þûh
DJ.strict Mana~,
- ~ardiff Sanitation District.
tf/04/cov2-251wp5 (3-18-91/1)
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499
J.N.93-165
June 16,1994
EXHIBIT I A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
(APN: 264.030-35)
An easement for public sewer purposes over, under, along and across that portion of the Southeast quarter of the
Southwest quarter of the Southwest quarter of Section 4, Township 13 South, Range 3 West, San Bernardino
Meridian, in the County of San Diego, State of California, according to United States Government survey more
particularly described as follows:
Beginning at the Southwest corner of the Southeast quarter of the Southwest quarter of the Southwest quarter of
Section 4, Township 13 South, Range 3 West, San Bernardino Meridian; thence
1.
North 1003'16" West
10.00 Feet
2. North 87055'22" East 501.23 Feet;
3. North 58056'45" East 118.18 Feet;
4. North 29002'32" East 104.44 Feet
5. South 1025'40" East 39.44 Feet;
6. South 29002'32" West 75.79 Feet;
7. South 58056'45" West 108.04 Feet
8. South 8i>55'22" West 524.64 Feet
Contains in all 9,192 square feet, more or less.
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to a point which is parallel with and distant 10.00 feet
measured at right angles North of said section line; thence
parallel to said section line
thence
thence
to a point on the Easterly line of said Southeast quarter of
the Southwest quarter of the Southwest quarter of said
Section 4; thence along said Easterly line
thence
thence
to a point on the Southerly section line of said Section 4;
thence along said section line
to the POINT OF BEGINNING.
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SOWARDS N() BROWN ENGINEERING, INC
CONSUL llNO ENGINEERS
2187 NEWCAS1lE AVENUE SUITE 202
CARDIFf' BY 1HE SEA, CA. 112007 (&19) 438 8500