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1992-513496 .:.. . 1784 fr ij 190?-O~1{4Q6' l" it h. ..lLJ, I 1 -AUG-1992 08=23 AM ~..., , . . SEWER EASEMENT ) ) ) ). i:x ) I.~~j .)."'11 ) K 11 ~, '\ ~ t?"\ \\ ) SPACE ABOVE FOR RECORDERS'S USE ONLY DOCUMVtJ~ f1W!SFD TAX . - 0- ~R.~ .- OFFICIAL RECORDS SAH DIEGO COUNTY RECORDER'S OFFICE AHNETTE EVAHS, COUHTY RECORDER FEES: 0.00 NA Recording Requested by: Cardiff sanitation District When Recorded, Mail to: District Engineer Cardiff Sanitation District 527 Encinitas Boulevard Encinitas, CA 92024 For the benefit of the District Assessor's Parcel No. 264-171-~ Sf Project W.O. No. TPM 18928 8174N/1690PM James C. Statser A.K.A. James Clarence Statser and Jeanette M. Statser A.K.A. Jeanette Maxine Statser. as Trustees U/A dated October 16. 1986 hereinafter designate Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do (RS) 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) , -'.. \. . 1785 . /.'. , 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: 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 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 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) , . . 1786 . Executed this :f" day of ~"'~ , 19~. STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO) ON TH I S ~O DAY OF J UJl e.. I N THE YEAR 1 992. BEFORE ME. THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED JAMES C. STATSER AND JEANETTE M. STATSER, (PERSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE TRUSTEES U/A DATED OCTOBER lb, 19Bb F.O.B. JAMES C. STATSER AND JEANETTE M. STATSER AND TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT JAMES C. "Ej.TJ\TSER. AND JEANETTE4'f. STATSER EXECUTED THE SAME AS TRUSTEE. r . By' WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE ~ me..~ , PRINT NAME BARBARA McCLELLAN MY COMMISSION EXPIRES ,;;l.-I-q<f . NOTARY PUBLIC IN AND FOR SAID STATE. PRINCIPAL OFFICE IN SAN DIEGO COUNTY. 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: ~-IO'91.- ~~ -f;!HA~ict Manager Cardiff Sanitation District tf/04/cov2-251wp5 (3-18-91/1) .' "I. . ~787 . , EXHIBIT "A" SEWER EASEMENT LEGAL DESCRIPTION The Northerly 70.25 feet of the Easterly 20.00 feet of Parcel 2 of Parcel Map No. 1605, in the City of Encinitas, County of San Diego} State of California, filed in the Office of the County Recorder of said County on June 7, 1973 as File/Page No. 73- 155555 of Official Records. .. ,} . PI'1 I e., \P "f'NIf 6L + ~p SEWEli(. SA $liiMGNT ?oM. \40\7\ PA~'2. PM 1+1-11 PNUE:\.. ~ ~. 7 88 'PM Ie-II- 'PAfU..6L .3 "74O-co' .. CI'\ .~ N :!l I?M.tfD05 Peircel e. AfOUl zt.>1,-.rn- 51- QW~..),.,...e.s \JfhI&TTE S"",,S Ea.. ~3 .. ~ ,<.\I lC"l 1t ot<) )- :i. IJ.I~OO\' 4O"/:;. '7'e.~7' CDLE.. ~At--lC.1-\ RoA.D .. CI'\ -! . "" \(l "l .'3 ~ '<'\ .... ~ ~ EXHIBIT"B" PM. 11005 ~'-t ~'B'i: r:,t>il-~ 1'.. t".jZO ~ z.A.oCIO ~ 0..)' <:>/14/'}1. WoO. us.