1994-655271
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Recording Requ.a~.ã by:
Cardiff Sani tHionOietr 1C't
461
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DOC U 1994-0655271
10~HOV-1994 10=15 AM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECORDER
FEES: 0.00
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When Recordea,Mail tøc
Dis~rict Engineer
Cardiff Sani~at1on Distriot
505 South VUlcan Avenue
Encinitas, CA 92024
S EWER EAS EMENT
Assessor's parcel
No. 264-030-66
Project
w.o. No. DCS183
Raymond C. Poon and Melanie J. Poon
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 r.terred to herein and made subject to said
eas.ent and :right-of-way by 'this ~ant is a:l:tuated in the City of
Encinitas, County of San Diego, state of Calitornia,and 1s
particularly d_.it.a .stollows: '
462
See Exhibit "AU and Exhibit "8U 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 I its successors and assigns, provid.a 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~ 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 I 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/04/coV2-251wp5 (3-18-91/1)
By:
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19 ,q if- 463
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Executed this ~ day of
JO~ OWllERI
By=
[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.
~~~
'.. D str ct Manager---
ard~f Santirtion District
Dated: (IJ- u -err
tf/O4/COV2-251wp5 (3-18-91/1)
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",' , ~A~IFORNIA ~LI'URPOSE ACKNOWLE~MIT
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464
STATE OF CALIFORNIA
**1.os Angeles**
COUNTY OF
On
**7-20-94**
before me,
**Buena Ganna Cayetano**
, Notary Public,
personally appeared
**Rayrrond Peon**
personally known to me (or proved to 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 hefshelthey
executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the
instrument the person(s) , or the entity upon behalf of ~hich the person(s) acted, executed the
instrument.
Signature
:--. ............-........... ..,
: ~' "-: '.. BUENA GARMA CAYETANO ~
W It -; COMM. #1009497 >
CJ) ! 0 : NOTARY PUBLIC-CALIFORNIA en
«" LOS ANGELES COUNTY ~
t " ..~.Þ My Comm. Expires NOV. 14, 1997 j
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WITNESS my hand a
(SeaQ
SF.1I474-8 (Rev. B . 11114)
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. ',0 èALIFORNIA ALL-&POSE ACKNOWLEDGME8
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STATE OF CALIFORNIA
COUNTY OF
LOS ANGELES
465
On
JULY 21, 1994
before me,
IRENE L. HUIZAR
, Notary Public,
personally appeared
MELANIE J. POON
~I'86MII)' IEAEWJR to JRe" (or proved to me on the basis of satisfactory evidence) to be the person~
whose name(8') islaFe subscribed to the within instrument and acknowledged to me that tØshelthey-
executed the same in l:M&lherl\l:\eif.authorized capacity(fes), and that by l:MettherAAeir signature(~on the
instrument the person(s)', or the entity upon behalf of which the person(~ acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
~ \;t( ~~
(Seal)
SF-9474-8 (Rev. B - 1194)
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466
J.N.93-165
June 16, 1994
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
(APN: 264-030-68)
An easement for public sewer purposes over, under, along and across that portion of Parcel 3 of Parcel Map No.
6594, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego
County, November 23, 1977, more particularly described as follows:
Beginning at the Southwest corner of said Parcel 3; thence along the Westerly line of said Parcel 3
1. North 1025'40" West
136.95 Feet
2. North 29002'32" East
124.92 Feet
3. Northeasterly
166.36 Feet
4. North 76042'02" East
110.00 Feet
5. South 13015'26" East
10.00 Feet
6. South 7eO42'02" West
7. South 60014'23" West
118.95 Feet;
106.97 Feet;
8. South 29002'32" West
184.82 Feet
9.
North 1025'40" West
19.72 Feet
Contains In all 4.262 squat& feet, more- or 1888.
Poon
931t16.LGL 6
to the TRUE POINT OF BEGINNING; thence along the
Northerly line of said Parcel 3
to a point on a 200.00 foot radius curve concave
Southeasterly, said curve being also the Northerly line of
said Parcel 3; thence along the arc or said curve
through a central angle of 4r>39'30"; thence continuing
along the Northerly line of said Parcel 3
to the Northeast corner of said Parcel 3; thence along the
Easterly line of said Parcel 3
to a point which Is parallel with and distant 10.00 feet
measured at. right angles South of th& Northerly line of said
Parcel 3; thence along a line parallel to the Northerly line of
said Parcel 3
thence
thence
to a point on the Westerly line of said Parcel 3; thence
along the Westerly line of said Parcel 3
to the TRUE POINT OF BEGINNING.
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SOWARDS - BRO~ ENGINEERING. INC.
CONSUI.11NG EHGlNEERS
2187 NE'WCASTl.£ AVENUE SUITE 202
CARDIFF' 8V 1HE SEA. OA. 92007 (019) 436 8500