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2632 DOC _1999-0483580
Jul
13. 1999 8:51
lJFICI!l. .-REDJlOO
.SIVi BIfID lntfTY RmRIl'R'S lFFIl'F "
~ J. SMITH. romv RID:RI!Il
FEES: 0.00
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Recording Requested by:
Cardiff Sanitation District
'f1p
When Recorded, Mail to:
City Clerk
City of Encinitas
~~ 505 South vulcan Avenue
~ Encinitas, CA 92024
D 'f For the benefit of the Citv
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SEWER EASEMENT
Assessor's Parcel
No.264-l5l-35
Project: DCS 289
W.O. No.
Joseph Frank Vitale, A Single Man,
hereinafter designated Grantor (s), owner (s) of the hereinafter
described lands, for a valuable consideration, doles) 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
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:
An Easement for sewer mains and appurtenances over, under, along
and across a portion of Parcel 3 of Parcel Map No. 3008, in the
City of Encinitas, County of San Diego, State of California, filed
in the office of the county recorder of
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L 2633
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San Diego County, August 29, 1974, as File No. 74-235893 of
Official Records.
See Exhibits "A" and "B" attached hereto and made a part
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 the 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 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 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 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.
Executed this 2 <1 day of aa/I'J.1J1t/f.-/,
OWNER:
By:
By:
[Signature of OWNER must be notarized.
appropriate acknowledgment.]
Attach the
I certify on behalf of the City Council of the City of
Encinitas, pursuant to authority conferred by Resolution No.
94-107 of said Council adopted on November 9, 1994 that the
City of Encinitas consents to the making of the foregoing
Easement Dedication and consenrPLo recordation there f by
its duly authorized officer'k\ .
Dated: 2-"'':$ ~q? Jl.;:t
Alan D. Archibald
Director of Engineering Services
BK/hz/2813.doc (10-26-95)
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2635
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GOVERNMENT CODE SECTION 27281
* * * ..
This is to certify that the intereslin real property conveyed by deed or grant to the Cardiff
Sanitation District, is hereby accepted by the undersigned agent on behalf of the Cardiff
Sanitation District pursuant to authority by Resolution of the Board adopted on March 20,
1979 and the grantee consents to recordation thereof by its duly authorized officer.
Dated: ~ - 2-S"" ,- 11
BY:_~ NwJ4
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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l 2636
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EXHIBIT "N'
LEGAL DESCRIPTION
FOR
SEWER EASEMENT TO
CARDIFF SANITATION
DISTRICT
A PORTION OF PARCEL 3 OF PARCEL MAP NO. 3008, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, AUGUST 29, 1974, AS FILE NO 74-235893, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE WESTERLY 30 FEET THEREOF.
(dc:);0
PETER C. GOLDING
L.S. 4768
l21~q9
DATE
y:winwordlprj/rv4/vitalees.doo
w.o.# 0017-10
PARCEL AP NO. 18073
PARCEL 165
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CITY OF CARLSBAD
CITY OF ENCINITAS
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N. 87' 00' 53" E. 429.81'
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30.43'
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EXISTING 30' PRIVATE ROAD
AND UTILITY EASEMENT,
AND
PROPosED
SEWER EASEWENT
"!- AREA - 7.433 s."..
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PARCEL MAP
NO. 3008
PARCEL 3
WIICIIlY 11M'
NO SCALE
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0 ~ '!>O.\9' PARCEL MAP NO. 3008
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0 PARCEL 2
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0 EXISTING 1.0.0. FOR
\ PUBLIC ROAD PURPOSES
PER ~ 74-231941
-y AND STING 30' WIDE
(j) PRIVATE ROAD EASEt.AENT
PER F /p 73-001447
a:> 2 RECORDED 01-03-73
-t> IN BOOK '973 OF O.R.
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SCALE: I" - SO' (j) SHEET 1 OF 1
CITY 01 INCIIJ'M cat. ," 50'
c.-. ." JUt Dote SEPT 28.1" W.O.
EXHIBIT "B" R.f. 17-10
Ctoodtod 8J< JUt Dote SEPT 29.1"
Tracing No.
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