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1990-574558 8" . , . . . . 90 574558 2208 'o~r ¡'\:(.~erry~~~f~:BA, Recording Requested by: Cardiff Sanitation District ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDERS'S USE ONLY t390 nCT 23 Id4 8: 22 VERAk. L YLE~ i COUNTY RECORDER j ,-- When Recorded, Mail to: District Engineer Cardiff Sanitation District 527 Encinitas Boulevard Encinitas, CA 92024 For the benefit of the District NO 'FEE SEWER EASEMENT Assessor's Parcel No. 265-390-34 Project TPM RQ-I40 W.O. No. 0/8 J N Log No. 47'1 Michael W. Riley and Myrna L. Riley AND Jerry MacDonald and Novene MacDonald AND Denton L. Kimball and Catherine Kimball hereinafter designate Grantor{s), owner{s) of the hereinafter described lands, for a valuable consideration, do{&s) hereby GRANT and CONVEY to the Cardiff Sanitation District herein designated Grantee, a perpetual 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, 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 tf/my/cov2-116wp5 (9-27-89) - . '. "., . 2209. of sal.'d easement, to other to convey said easement, or any portion 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 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. 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 with building or structure of any nature or kind that will interfere with the use of said easement and right-of-way 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 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 by 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 excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. . tf/O2/COV2-116wp5 (11-13-89/1) - , , ., . . 2210 . -,' , OWNERì 1 , 19~. Executed By: Michael . R~le BY:~aJ V M~ na L:-- Riley. By: [Signature of OWNER must be notarized. acknowledgement.] By: ~~~ / Attach the appropriate By: Cfl~1 ~4..- Novene MacDonald ......~.....................~ . . o. OFFICIAL SEAt t : ,.,' - "f' A CA THY A. MOELLER. : . °,:, Notary Public,Californla .1 :! ~ \1 Principal OffIce In . San Diego County . i 'My Comm Exp. Oct 2. 1990 : '~'tï:'~ , , 1 This is to certify that the interest in real property conveyed by the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a poli tical 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: l 0 -Ij - q \) ()~{i~ . . .. tf/my/cov2-116wp5 (9-27-89) ~ - . . . II ,( IEfHJß/r /9 LEGAL DESCRIPTION 221. .. .. All that portion of Parcel 1 of Parcel Map 10526, in the City of Encinitas, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, October 2, 1980 as File No. 80-324031, described as follows: Beginning at the most Southeasterly corner of said Parcel 1; thence North- easterly along the East line of said Parcel 1, North 15003'50" East a distance of 250,40 feet; thence Northwesterly along the North line of said Parcel 1, North 73007'43" West a distance of 435,00 feet; thence leaving said North line South 15003'50" West a distance of 10.38 feet; thence North 73007'43" West 143.79 feet to the West line of said Parcel 1; thence Southwesterly along said West line South 1SO52'17" West, 40.00 feet; thence South 73007'43" East a distance of 550.04 feet; thence South 15003'50" West a distance of 200.00 feet to a point which bears North 73007'43" West, 30,01 feet from the Point of Beginning; thence South 73007'43'1 East a distance of 30.01 feet to the Point of Beginning, . . 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