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1988-522768 , vf"c WH;~ I!£~RD£!j. PLEASE MAl. 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 "'.' 1 lQSO 1 1 1 1 1 1 8.. .8.8 522768 r- p¡:;""r.p",:n I\J-" J 'J?I-t'!'::;t,'~~};;};~f~rBA.1 88 OCT 13 PM I: 46 J V£FA L LYL~ø I 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: J / J>. I I / .~ . 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 I ~._-- 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 , -' , 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