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1994-655276 ., " . . ., . . 8:11] ~ . r'¡ -.-" , 'f . -- , I ¿.. ; ,. !': t~r' .. When Recorded, Mail to: District Engineer Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit o~ the District ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDERS'S USE ONLY -F :C = 495 iE' Recording Requested by: Cardiff Sanitation District L. . .! j(j 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) , \ . ) ~ , , 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. \, 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. tf/O4/cov2-251wp5 (3-18-91/1) e ë <1J E <1J OJ '0 <1J ~ a .Ÿ. C,) <t. STATE OF CALIFORNIA COUNTY OF ð /LA-N'(':¿;: On V c.' i- Y /0 /97' Ý , before me, } SS, 8 497 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 ---- ---- ~ , 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. -¡;; (¡¡ c <1J C) T-721 OFFICIAL NOTARY SEAL VICTOR M CONfPERAS Notary Public - C¡;¡!ifornia ORANGE COUNTY My Comm. Expires MAR 08,1995 (Notarial Seal) , . ' . , . . '. " . 498 Executed this It) TH day of dú¿ Y , 19..zL. x~~ X 7)£ Z~~ Øk~ OWNERV¡ i BY:,(/2S ,k ~. r~ 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) , . . . , > . , 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. oklta 93165.LGL 3 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. . . . , 1t/181T '8 ' I . . , , . . ~. , . " " 500 N ~81Þ 0'148" Ei ø!JZ3t{' -- ~ rr CJ ~ is I '.J\I<: ~ ~ ~ ---- \J ~ '"t OJ - If) ~ " lO ~ ~ A.P N. 2(,4- 050- 3j' N' 'CD- ~ ~ ~ ~ (\1 ~ ftj ~ ~ ... c::Q ~~ ~~ ~ §C1LE:¡",,¡OO I SE J/~} SvY JIL} s vY J//} , , sEe /} ,-r J 3 . p< 3vY S.B.N]. - ~ <;:::¡ - ....... . ~ ~ ¿" . ~ --, ~ - 'í\ ~ ~ LL, Q - "< >- --, Q PU8LfC GErNEr? EÁÇEMENT 6MNTet:? TO CAKO/FF {JAM Td TlðN 7: O/BTffœr. ¡ \ Rð NCJI N87Øj,'22"/f (P!j 7. 00 , f'(IGr. (Pð "'tlT f{ð/JtJ ffdM'T. (f'¿¡/Jue or/LITe¡ Ct;M'r. f'el? ox NO. /9ß(;4 TlLto /- 3/-(;4. Q - <: I I , ~'9'22'. 5ðIU' 777 T// 7 .(., ------ ~fOr<TUNt1 ~ it4.~4' \"--- Jot> No. Cj~ of ~!? SOWARDS N() BROWN ENGINEERING, INC CONSUL llNO ENGINEERS 2187 NEWCAS1lE AVENUE SUITE 202 CARDIFf' BY 1HE SEA, CA. 112007 (&19) 438 8500