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2008-83596 ~/'n /1(/ ~ ^ li1/y,r t/l- , /'o') 1\/" 'r rk \.f \~~ ~~u~ ef ,.' ",,' DOC # 2008-0083596 111111111111111111111111111111111111111111111111111111111111111111 III Recording Requested by: Cardiff Sanitation District FEB 19,2008 3:20 PM o FFI Cl6.L R E CD R D ':; ':;,6JJ DIEC;O cour'Wi F:ECOF:DEF:S OFFICE CiF:ECiDRr J SMITH courHi RECOF:DEF: FET':; 0,00 DC N,6, When Recorded, Mail to: District Clerk Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the City) SPACE ONLY PAGES: 7 I~WWWmWwwwWWWWW~1 Assessor's Parcel/ No. 256-171-18 v SEWER EASEMENT DOCUMENTARY TRANSFER TAX $ tJ Project No. Larson W.O. 641-1 Lola R. Larson, undivided 61.67 16868 and Lola undivided 38.33 16868 Trustee of the Larson survivor's trust percent share as to Parcel 3 of Parcel Map R. Larson, trustee of the Larson bypass trust percent share as to Parcel 3 of Parcel Map an No. and No. Hereinafter designated "Grantor (s) ", Owner (s) of the hereinafter described lands, attached hereto and made a part hereof as Exhibit ~~A", for a valuable consideration, do (es) hereby GRANT and CONVEY to the City of Encini tas {lerein 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 subj ect 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: 1 See Exhibit "B" and Exhibit "e" 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 replace any oiled, asphalt or concrete surface with like material and will replace an~fence removed by it. Executed this f)'(}l day of ~/ 2008. OWNER: By, th2rR~viOJ1,~ Lola R. Larson, trustee Larson survivor's trust .f'U. ...... DOREEN'M,'LANE"l _ . Comm, ~ 1501029 11\ Ul NO:,~); PI~BL~C.CAU;FORNIA ~ .... ::,a~ t!18.,O Coun_( ... l' Hy (;:; ;'';;' Expire3 JUIY~, 2~O.8. t W~;::""i"''':I'~.'';:'7''.'''::-''':''~''''-''1'.\;.'''A3''~ By: i~ ~;v1~I'#W~ Lola R. Larson, trustee Larson bypass trust [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALlFORNIA/2y-1 Oll)/>j~ COUNTY OF-A..,,-n It,1 _ / On ~L~l1~ 8'~ I fJtcf} before me ltm?r) n/-) " Let rf~ Notary Public perso lIyappeared La b. w..c"t(!1J'j who proved to me on the basis of satisfactory evidence to be the person(s) whose name( ,i e subscribed to the within instrument and acknowledged to me that h /she/t ey executed the same in hi er eir authorized capacity(ies), and that by his1tierTlheir signature(s on the instrument the person(s), or e entity upon behalf of which the person(s) a'CteCF,"executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l~kQW) fY1 ~lY _ i~.....Jo..Oi..o:.-...h~"'i~"""";'>'1.o.;b,.jft.~.:"",:.;..~",-~~ao:.:O;.~....;,.[ ..:. ~ ;.1 ;i' - '.... 11\ l'n-;","" "I!':") ,'1-'':'"", fr VI J~.",~' c: )Lr..,I".vr.f_1. \"';\..L.~; I..JJ ) I "A L~.'t..."..~,""~"",~'-,, ' Affix Notary Seal Here ********************OPTIO NAL ******************** 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 DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER Title(s) Title or type of document D Partner(s) D Limited D General Number of Pages D Attorney-In-Fact D Trustee(s) D Guardian/Conservator D Other: Date of Document Signer(s) other then named above Signer is representing: Name of person(s) or entity(ies) This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas , is hereby accepted by the undersigned agent on behalf of the City of Encinitas pursuant to authority by Resolution of the City Council adopted on November 9, 1994, as Resolution 94-107 and the grantee consents to recordation thereof by its duly authorized officer. Dated: 1, /15 jt:JV , Qt CLfU- By: Peter Cota-Robles, P.E. City Engineer City of Encinitas EXHIBIT A Parcel 3 of Parcel Map No. 16868 in the City of Encinitas, County of San Diego State of California, recorded in the off ice of the County Recorder of San Diego County June 5, 1992, as file no. 92-352502 l' ~ , 9"E 115.7 __ S8805~O_ _ _ _- -Pr- - - " " EXHIBIT B SEWER EASEMENT PLA T I I I ~ I I(f) 10 I~ I'! <..N I ~.. .. I~ I~ I~ . I~ I .. 40 I I I I I I - z o ()1 o o o .. <..N o .. .. rrl PUBLIC SEWER EASEMENT 20 10 I I o 20 I I SCALE I N FEET .. 20' SCALE: 1 = BEARINGS AND DISTANCES PER PM 16868 ENGINEERING ~in~le ~ource DeYelo~menl Con!ullanl 1635 S RANCHO SANTA FE 1204 SAN5M2A~f07S (~~Ol9~~~'-3153 Fax (760) 510 31,11 ~ 28' T g' , 1 "w 1 1 6. ~ _ N88052 5 :JE- _ -- UNION ST. -(f- , 1 EXHIBIT "c" SEWER EASEMENT LEGAL DESCRIPTION The Westerly fifteen (15) feet of Parcel 3 of Parcel Map No. 16868 in the City of Encinitas, County Of San Diego, State of California, Recorded in the Office of the County Recorder of San Diego County June 5, 1992, as File No. 92- 352-502