2006-505296
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DO~ 2006-0505296
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IAn. 10 n.. "Recording Requested by:
f,v~,f City of Encinitas
cr~ When Recorded, Mail to:
~ct Ci ty Clerk
U' City of Encinitas
\ 505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the
JUL 18, 2006 3:58 PM
OFFICI.a.L RECCiF1DS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J SMITH. COUNTY RECORDER
FEES 0.00
DC: NA
PAGES 6
City
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SEWER EASEMENT
Assessor's Parcel
No. 259-231-39
Project No. CS 502
W.O. No. DCS502
nnCUMENTARV TRANSFER ..... MiJ"tJ.
WILLIAM E. DETTE, AN UNMARRIED MAN
hereinafter designated Grantor {s}. ownlr {s} of the hereinafter
described lands, for a valuable con.sideration, 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, const~uction, operation,
maintenance, repair, replacement, and reconstruction of SEWER
pipe lines and/or mains, manholes, sewer lateral pipe lines, and
all structures iI?-cidental thereto, together wiN:>. the perpetual
right to remove buildings, structures, trees, bushes,
undergrowth, flowers, and any other obstructions interfer~ng 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:
See Exhibit "A" and Exhibit "B" attached hereto and made a part
hereof by this reference.
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The Grantors may, at their 6whrisk, 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 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 building or
structure of any nature or kind that will interfere with the use
of said easement and right-of-way by Grantee, its successors or
assigns, or that will interfere with the ingress or egress along
said easement by said Grantee, its successors or assigns.
Executed this
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 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.
l ~ \1\ day Of~)::J 200"
OWNER: ,.. /J . f-r-r--
By: ~ .'-'L \.l '-
WILLIAM E. DETTE
By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
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CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No 590]
State of C' ftk (oP.tv l {'j
County of S IW lA'.., D /
On 5 !!.t/o6 before me, J)~~!~fl!L!!!!!L
personally appeared --iJ', \\\A(y\ E ~ DE TIt:
NAME(SI OF SlGHEft(Sl
~personany known 10 me - OR - 0 proved to me on lhe basis of salisfactOl}' e~nce
to be the person(s) whose name(s isl re
subscribed to th~ withi~trument and ac.
knowledged to ~~t Cbelshelthey executed
the same in ~er/their ....-:-~thorized
capacity(ies), and that by ~er/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OORIANA SINNETT
COMM. #1590878 aJ
NOTARY PUBUC-CAUFORNIA e
SAN DIEGO COUNTY ::
My Comm. ExpintaJuly 19, 2009
. OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
hudulent reattachment of this fonn.
CAPACITY CLAIMED BY SIGNER
..el NlIVIlUAl
o CORPORATE OFFICER
DESCRIPTION OF ATTACHED DOCUMENT
nnE(SJ
5 t3l1Jt;-(? D $/:'"McN (
TITlE OR TYPE OF DOCUMENT
o PARTNER(S)
o lIMITED
o GENERAl
o ATTORNEY....-FACT
o TRUSTEE(S)
o GlJAROtANICONSERVATOR
OOlHER:
NUMBER OF PAGES
DATE OF ()(K)UMENT
SIGNER IS REPRESEN1lNG:
MIllIE OF I'fRSCINtSI Oft Brn1Y(IESJ
---
SIGNER(S) OTHER lHAN NAMED ABOVE
01993NA11ONALNOTARY ASSOCIATIC1N.~_ A_ pn _ y.... .,,_.......a. ,.. ..._ ......6
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GOVERNMENT CODE SECTION 27281
This is to certify that the interest in 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:
7/le/f)(;,
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By:
Peter Cota-Robles, P.E.
City Engineer
City of Encinitas
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EXHIBIT" A"
SEWER EASEMENT
APN 259-231-39
AN EASEMENT FOR SEWERLINE PUROPSES OVER, UNDER, ALONG AND
ACROSS THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 1349, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY MARCH 1, 1973, LYING WESTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID
PARCEL 2 WITH A LINE THAT IS 10.00 FEET EASTERLY OF MEASUERD AT
RIGHT ANGLES TO THE WESTERLY LINE OF SAID PARCEL 2; THENCE
SOUTHERLY PARALLEL WITH SAID WESTERLY LINE SI6007'47"W
(SI5041'OO"W RECORD) 89.21 FEET TO THE BEGINNING OF A 193.00 FOOT
RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE 59.74 FEET THROUGH A CENTRAL ANGLE OF 17038'35"
TO THE POINT OF TERMINUS IN THE SOUTHERLY LINE OF SAID PARCEL 2.
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