1991-50334
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Recording Requested by:
Cardiff sanitation District
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) SPACE ABOVE FOR RECORDERS I S USE
ONLY
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When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas, CA 92024
For the benefit of the District
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SEWER EASEMENT
Assessor's Parcel
No. 259-231-06
Project
W.O. No.
Log No.
CS-056
CS-056
N/A
Marqaret J. Suhm
hereinafter designate Grantor~), owner(ltiQ 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 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)
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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 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 detriinental 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.
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Executed this
1 ,,, day of
~:d · "elL.
:ER\M~~~t,
~r ret . hm
By:
[Signature of OWNER must be notarized.
acknowledgement.]
Attach the appropriate
SEE NEXT PAGES FOR NOTARY CERTIFICATES
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:
~A4
8:;~ H~~rict Manager
Cardiff Sanitation District
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'STATE OF CALIFORNIA )
COUNTYOF SAN DIEGO )SS.
ON JANUARY 7. 1991 , BEFORE ME, THE UNDERSIGNED. A NOTARY PUBLIC IN
AND FOR SAID STATE, PERSONALLY APPEARED MARGARET J. SUHM
(PERSONALLY KNOW TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE PERSON(S) WHOSE NAME SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED THAT she EXECUTED THE
SAME.
WITNESS MY HAND AND OFFICIAL SEAL.
MY OMMISSION EXPIRES ~la 6 1994
.(NOTARY SEAL
OFFICIAl SEAl
CAROlE A. RICE
NOTARY PUeUC-cALIFOAHIA
PRINCIPAl OFFICE IN
SAN DIEGO COUNTY
1.1, Comnoeloo ElIp. MAV 01, ,..
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89-019.2
10/15/90
EV
EXHIBIT. A"
LEGAL DESCRIPTION
FOR
SEWER MAIN PURPOSES
A portion of Lot 27 of the SUBDIVISION OF RANCHO LAS ENCINITAS, in the City of Encinitas, County of San
Diego, State of California, according to Map thereof No. 848, filed In the Office of the County Recorder of San Diego
County, June 27, 1898, more particularly described as follows:
Beginning at the intersection of the centerline of West Fifth Street with the centerline of . A" Street, as said streets
are shown on Map No.326 of the COLONY OF OLlVENHAIN, In the City of Enclnitas, County of San Diego, State of
California, flied in the office of the County Recorder of San Diego County, July 8, 1885; thence
1. North 7t'23'OO. West
191.25 Feet
2. North 1 g051'OO" East
12.51 Feet
3. North 7t'23'00. West
4. North 1 ~37'oo" East
5. South 7t'23'00. East
6. South 1 g051 '09. West
14.71 Feet;
15.00 Feet;
15.30 Feet
15.01 Feet
Contains 225 square feet, more or less.
APN: 259-23HI6
along the centerline of said West Fifth Street to the most
Southeasterly corner of land described in deed to Margaret
J. Suhm, recorded August 8, 1978 as Document No. 78-
335470 of Official Records; thence
along the most Easterly line of said Shum land to the TRUE
POINT OF BEGINNING; thence parallel with the centerline
of West Fifth Street
thence
thence parallel with the centerline of said West Fifth Street
to a point on said Easterly line of said Suhm land; thence
along said Easterly line to the TRUE POINT OF
BEGINNING.
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SOWARDS _ BROWN ENGINEERING. INC.
CONSUL lING ENGINEERS
2187 NEWCASn..E AIlENUE SUllE 202
CMrIIFF IY 1HE SEA, CA. 82007 (8'9) .4311 ll500