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1994-655277 (2) . / . - ( ` l~4~C fit 1994 a~~ ( ~ 10-hiOV--1994 104 15 AM Recording Requested by: 5Q 1 nFFICIAL RECOFiDS Cardiff sanitation District ) 5Ah{ DIEliO GIJI1hiTY RECORDER'5 OFf1GE ~ GREG[ifiY 5P1ITH, COIINTY RECQRDER When Recorded, Mail to: ) FEES: 0.00 District Engineer ) Cardiff Sanitation District ) 505 South Vulcan Avenue ) Encinitas, CA 92024 For the benef it of the District ) SPACE ABOVE FOR RECORDERS' S USE ONLY SEWER EASEMENT Assessor's Parcel Project TPM 18455 No• 264-171-85.86,87,88 W.O. No. DCS-180 William B. Buck, Trustee under the Jeff and Patty Daniels Charitable Remainder Unitrust, dated December 27, 1990 hereinafter designated 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, oper.ation, 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 ta 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. tf/04/cov2-251wp5 (3-18-91/1) SCANNEu ~ ~ . 502 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. 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. 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 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. tf/04/cov2-251wp5 (3-18-91/1) 503 Executed this ~ day of OWNER, - By. By: [Signature of OWNER must be notarized. Attach the appropriate acknowledgement.]. This is to certify 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, and Grantee consents to the recordation thereof by its duly authorized officer. Dated: l v ~ - District nager Cardiff Sanitation District tf/04/cov2-251wp5 (3-18-91/1) , 504 STATE OF CALIFORNIA, } COUNTY OF SAN DIEGO S.S. On October 3, 1994 , before me, Erin L. Alfer , a Notary Public in and for said County and State, personally appeared william B. Buck, Trustee personally known to me (or proved to me on FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ER~N At~ER CoMM.#1018939 Z si nature s on the instrument the erson s, or • , 9 ( ) p ( ) c - Califomla ~ the entity upon behalf of which the person(s) Notary Publt Z rr sAN oiEGo couN acted, executed the instrument. NN C«'^m. Expires APR 3.1998 WITNESS my and officia eal. Signature STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, , a Notary Public in and.for said County and State, personally appeared personally known to me (or proved to me OCl FOR NOTARY SEAL OR STAMP the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged 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. WITNESS my hand and official seal. Signature TE 160 Legal (2-94) This form is furnished by Chicago Title Company ~ 545 EXHIBIT "A" PUBLIC SEWER EASMENT THQSE PGRTIONS OF PARCELS 1,2,3 AND 4 OF PARCEL MAP NO. 15615 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 23, 1989 A5 FILE NO. 89-148940, LYING WIIHIN THE CITY OF ENCIldITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENeE SOUTH 15034' 48" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL 4, 21.03 FEET; THENCE DEPARTING SAID EASTERLY LINE NORTH 43°24'04" WEST 18.16 FEET; THENCE NORTH 73011' 41" WEST 179.47 FEET TO THE BEGINNING OF A TAIVGENT 38.00 FOOT RADIUS CURVE CONCAVE EASTERLY AND SOUTHERLY; THENCE WE5TERLY, NORTHERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL AIeTGLE OF 255° 31'21° A DIS- TANCE OF 169.47 FEET TO THE BEGINNING OF A TANGENT 26.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 75° 31°21" A DISTANCE OF 34.27 FEET; THENCE SOUTH 73°11'41" EA5T 116.51 FEET; THENCE IdORTH 780 59'57" EAST 17.85 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE SOUTH 15° 34' 48" WEST, ALONG SAID EASTERLY LINE, 24.33 FEET TO THE POINT OF BEGINNING. ~ c~ ar o L.S.5871 ~ * EXp. /2•31-9 ~ 'qltJ L\F~ ~ AIII 721701 ~ . ' i i. . ~ . . . . EX,y/,B/T o' . 4 50, c~ ~~;SSa Q = 38~ akKa ~ ~ o ~ ~ N vl ` n A 'N V ~ Q 1.AND ~o Z (1i ~,c~~~ N ; 1L4,~ v ~ L.s. 5879 44 tn Exp.12 • 31. V ~ Ul No `0 ~ I ~ N c~ O ~ raj ~r 5 15°34'48•,W S 15 034140 " W 24. 33' ~ 2/.03' , COL E /Q~4 /VC# (FORMERLY "E " STREEr~ 4: - -