1992-343258 (2)
9 1992-0343258
5 6 0 03=JUN- ~ :41 AM
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RECORDING REQUESTED BY AND, QFFIGIAL RECORDS
WHEN RECORDED MAIL TO: ~ SpN QIEGO CpUMTY REGORDERSOFFICE
~ ANhIETTE EUflNS, CDUHTY REGOkDER
District Engineer ) FEES: 0.00
Cardiff Sanitation District ) NR
527 Encinitas Boulevard )
Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
For the benefit of the District
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SEWER EASEMENT
'_MENTARY TRANSfER
Assessor's Parcel Project TPM 88-052/CS-121
No.: 264-030-53 W.O. No. 2559PM
T
Auerbach Trust Aareement Recorded March 20, 1992
as FilefPage No 92-0156003
hereinafter designate Grantor(s), owner(s) 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 exclusive 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 ground level or below ground structures incidental .
thereto,`together with the perpetual right to remove buildings,
fences, 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 City ~
of Encinitas, 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.
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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 use of said easement and right-of-way by
Grantee, its successors and assigns, provided no trees shall be
planted or grown thereon and the entire area encumbered by the
-sewer easement shall be graded flat and unobstructed at all
times, unless authorized by the Grantee in writing. Grantor may
'install a driveway over or acreoss any portion of the easement
and right-of-way.
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 buildings or
structures of any nature or kind that will interfere with the use
of said easement and right-of-way unless authorized by said
Grantee, its successors or assigns, or that will interfere with
the ingress or egress along said easement by said Grantee, its
successors or assigns. When authorized by the Grantee, gates
will be permitted as long as said gates remain unlocked, or, if
locked, then Grantee shall be provided with a key at all times.
In addition, Grantors, their successors or assigns, will be
responsible for all existing improvements within the sewer
easement and Grantee will not be held liable for any damages,
thereto.
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 in any excavation made by it in the above
described easement and right-of-way Grantee will back fill 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.
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Executed this 22,Ro day of (\A ay , 19
Owner•
By:
Tami S. Auerbach, Trustee
By:
[Signature of OWNER must be notarized. Attach the appropriate
' acknowledgement.]
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~ No. 5179
pLL-PURPOSE ACKNOWLEDGMENT
State of CA "F CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
COUtItY Of ~ ~ ~ ❑ CORPORATE
OFFICER(S) TITLE(S)
On 'j ~ ZZ " q2 before me, AME TInE OF OFFICER -
DATE E.G., ~Arvt DOE. NOTARY PUBLIC ~ PARTNER(S) ❑ LIMITED
A ~ GENERAL
efSOftallY aPpeared NnME(s~ oF siGNER(s) pTTORNEY-IN-FACT
p
ctory TRUSTEE(S
' ❑ personaliy known to me - OR -Oproved o to be me on the the bas ersoni(ss) o~hose name(S)aS/afe uAR
DIAN/CONSERVATOR
hin instrument and
subscribed t P to the w' ~t G
acknowledged to me that helshe/they ❑ OTHER:
oxFWIAL sEAl executed the same in his/her/thei[
G-LENNmICHAEL MW~HEWS authorized capacity(ies), and that by
I t P ' NCSTARY PU8i1. ".ALIff?FtIYIA
pp,~,G,w,,L IN his/her/their signature(s) on the instrument
'0%AN DIEGO 4°"N^' the person(s), or the entity upon behalf of SAG oER R oREoRESENTsN :
My Gommwssinn Exp~. Oa. 24,19~
ssinn
which the person(s) acted, executed the NME instrument.
,
, Witness my hand and of4icial seaL ~
SIGNATURE OF NOTARY
ATTENTION NOTARY: Although the informaGon requested below is OPTIONAL, it wu+d preventfiraudulent attachment of this certiflcate to an unauthorized document.
~ THIS CERTIFIGATE Title or Type of Document
MUST BE ATTACHED Number of Pages Date of Document
TO THE DOCUMENT
i DESCRIBED AT RIGHT: Signer(s) Other than Named Above
. w•• " noga Park, CA 91304-71f
01992 NATIONAL tdOTARV ASS ION .~~(~'i~~
, WARREN H. SHAFER, District Manager
Cardiff Sanitation District
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. , 564
LkGAL DESCR I P7 I UIV
Er;H1H1T Fa
A 20.00 foot wi de stri p o-f 1 and 1 yi no wi thi n f'ai"LP.L t: , of Pcli-cel
Map No. 3278, i n the Ci ty of Enc. i ni tas, County o-F 5ar•i Ui ego,
State of Cal i f orni a, f i 1 ed i. n the Uf -F i ce of the County Recordei-
of sai d County on Uecember 5. 1974 as Fi 1 e/Page IJo. 74-31 E3u65
of Ufficial Records, the East line of said strip of land beiny
' described as follows; ;
CUMMkNCING at the Soutf-ieast corrier of Parcel 2 of sai d Parcel
Ihap Nv. 3278; tMence al ong ti-ie East boundary 1 i ne a•F sai d Parcel
2, North 010 31' 07" East (Nortl-i 010 03' 16" West RECDRD per
Parcel Ihap No. 3278., i n the Li ty of Enci ni tas, Gounty of Sai7
Di ego, State of Cal i f orni a, fi 1 ed i n the U-F f i ce of the County
Recorder of said County.on Uecember 5, 1974 as File/Page No.
74-31B065 of Official RecorcJs) B4. 15 feet: thence North 040 03'
Ob" West 256.73 feet to a point on krie North bouncfary line of
said Parcel 2, said puint being distant tl-iereon North 080 18' 07"
West (South 880 09' 48" West REGDRD per Pai-cel Map No. 3278, in
the City of Encinitas, Guunty of :ian Diegor 5tate of California,
f i 1 ed i n the L']f f:i Ce of tIie Lounty Recorcler of aai d County on ,
DecemUer 5. 1974 as Fi 1e/.f'age IVo. 74-319065 of Uff i c i al
Records) 24.92 feet from the Idortheast coi-ner of. said Parcel 2,
said point also being the PUIN'T DF TERMIIVATIDN.
The sidelines of said 20.00 wide foat strip of land to be
prolonged or ahortened so as to create a coni.inuous strip of
land 20.00 feet in width commencing at the South boundary line
and termi nati ng at the PJorth boui-idary 1 i ne of Parcel L of sai d
Parcel Map No. 3278.
SEE EXHIBIT 8 A'TTACHkD HERCI'U AIVU MADE A PART HEREOF
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, r1AP Na. 3Z-7&, R-6t. i 5/74 As F/P
' No. 74-3►6o6s of O.R.
N.m; 1s'OT W. 24.92
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