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1998-66777Recording Requested by: Cardiff Sanitation District When Recorded, Mail to: City Clerk City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City Assessor's Parcel No. 259-231-70 205 1998-0066777 Feb 09, l~gB 4:07 PM OFFICIIN_ RECORDS ~AN I)IEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 ) SPACE USE ONLY SEWER EASEMENT Project: PM8911, Par 4 W.O. No. 5315-G RAYMOND M. CHAVEZ REALTY I LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP hereinafter designated Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do(es) hereby GRANT and CONVEY to the City of Encinitas 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. BK/hz/sewer. doc (1-2-98) 206 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" 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 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. 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 BK/hz/sewer.doc (1-2-98) 207 replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. Executed this ~"/z ~-' day of ~t/L~Dt~t/b~{ , 19 ~Y OWNER: ~ / By: By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgment. ] I certify on behalf 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, Grantee consents to the making of the foregoing Easement Dedication and consents to recordation thereof by its duly authorized officer. Dated: Cardiff Sanitation District BK/hz/sewer.doc (1-2-98) CALIFORNIA ALL.PURPOS~ACKNOWLEDGMENT 8 No. 5~07 State of C~~ County of ~O.//~rl ~~ U ' personally appeared before me, NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY NAME(S) OF SIGNER(S) [] personally known to me - OR - E~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ELAINE BARLOW Comm. # 1164551 .,c...a,. b...m, WITNESS my hand and official seal. ~ ~ -- SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 4cNDIVlDUAL ORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] A'I-I'ORNEY-IN-FACT [~"'T'RUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER~'S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 EXHIBIT "A" EASEMENT DESCRIPTION A PORTION OF PARCEL 4 OF PARCEL MAP 8911 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 12, 1979, AS FILE NO. 79-298597 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 40.00 FEET OF SAID PARCEL 4 OF PARCEL MAP 8911. END DESCRIPTION