1988-522768
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tH~ÍN~TRtlMENT TO:
City Clerk
City of Encinitas
535 Encinitas Blvd., Ste. 100
Encinitas, California 92024
RECORDED REQUEST OF
NO TRANSFER TAX DUE DEPT. GENERAL SERVICES
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522768
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SPACE ABdvE:~~6~r~~~~c~~~~SE ONLY NO FEE
EASEMENT
SEWER LINES AND APPURTENANCES
Assessor's Parcel
No. 262-061-73
Project: TM4606-1/MANCHESTER AVENUE
W.O. No.: 1E5425 .
Parcel No.: 88-0272-A
Log No.: 289-07
MANCHESTER ESTATES, a general partnership
hereinafter designated Grantor, owner of the hereinafter described lands, for a valuable
consideration, does hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT
herei n des i Qnated Grantee, a perpetual easement and right-ot-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 wi th 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 cons tructi on, reconstructi on and ma i ntenance of sai d sewer 1 i nes or structures
incidental thereto; together with the right of ingress thereto and egress therefrom over
said easement and over such other routes as Grantor may specify, provided said routes are
practical, across Granto~'s land.
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. 88-0272-A
(7-28-88)
(ENG:AT:mrt)
A stri p of 1 and 15.00 feet wi de lyi ng wi thi n the East Hal f of the Southeast
Quarter of the Southwest Quarter of Fractional Section 24, Township 13 South,
Range 4 West, San Bernardino Base and Meridian, in the City of Encinitas, County
of San Diego, State of California, included in that land described in deed to
Manchester Estates, a general partnership, recorded January 9, 1979 at File/Page
No. 79-009330 in the Office of the County Recorder of said County, the Easterly
sideline of said strip being described as follows:
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1988
Parcel No. 88-0272-A
(Cont. )
COMMENCING at the Northeast corner of said East Half of the Southeast Quarter of
the Southwest Quarter of Fractional Section 24, said point being also the
Northwest corner of Lot 4 of said Fractional Section 24 as shown on County of San
Diego Tract No. 4254, according to Map thereof No. 11055 filed in said County
Recorder1s Office; thence along the Easterly line of said East Half
South 00°1310311 West, 274.54 feet to the TRUE POINT OF BEGINNING, said point
being also a point on the centerline of Road Survey No. 426 (Manchester Avenue),
a plat of which is dated February 7, 1928 and filed in the Office of the County
Engineer of said County; thence continuing along said Easterly line
South 00°1310311 West, 747.91 feet to the Northwesterly line of Lot 26 of said
County of San Diego Tract No. 4254, and the POINT OF TERMINUS.
The Westerly sideline of said 15.00 foot wide strip shall be lengthened and/or
shortened so as to terminate Northerly in said centerline of Road Survey No. 426
and Southerly in said Northwesterly line of Lot 26.
'c' ,,-.- 1982
The Grantor Q1ay, at his own risk, .he surface of the above described re~perty in a manner that will not inter-
fere with_or be- detrimental to the uSe of said easement and right-of-way by á~'Pt;e, its successors and assigns, provided
no trees !hall 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 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 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
Iít~
day of~U&,tJ"T
, 19 ßf(
MANCHESTER ESTATES, a general partnership
TEK CORP. , a California Corporation, as
General Partner
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By,fk~;w WAf
THOMAS E. KERN, President
STATE OF CALIFORNIA} SS
COUNTY OF SAN DIEGO}
1983
ON THIS 18th DAY OF August 19 88 BEFORE ME THE
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UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY
APPEARED . Thomas E. Kern , ( PERSONALL Y KNOWN TO ME) ( PROVED
TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PRESIDENT,
AND n/a , (PERSONALLY KNOWN TO ME) (PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE VICE PRESIDENT OF
TEK, A CALIFORNIA CORPORATION, THE CORPORATION THAT EXECUTED THE
WITHIN INSTRUMENT, KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE
WITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION, SAID CORPORATION
BEING (PERSONALLY KNOWN TO ME)(PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE) TO BE THE GENERAL PARTNER OF MANCHESTER
ESTATES, THE PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT, AND
ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME AS
SUCH PARTNER AND THAT SUCH PARTNERSHIP EXECUTED THE SAME.
WITNESS MY HAND AND OFFICIAL SEAL.
8' OFFICIAL SEAL
ELIZABETH J. SPEER
NOTARY PUBUC. CAUFORNIA
SAN DIEGO COUNTY
MyComm. Expires Moy 12,1989
CCSF, 85.29, 5/71