1993-402821 _0
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Recording Requested by: ~ rNNETlk ~~~f~~i` 5 ~~~i~i RECURDEk
Cardiff Sanitation District ) F~~S 10° 'Pi
)
W:nen Recorded, NTail to: )
DistrYCt Engineer_ )
Cardiff Sanitation District )
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE
ONLY
SEWER EASEMENT
Assessor's Parcel Project TM 92-101
No 0 264-030-32 W. O. No 0 347,9 FM
GARY L. BUKAMIER
hereinafter designated Grantor(s), owner(s) of the hereinafter
described lands, for avaluable 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 far 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, 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
unta 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)
534 The real prope'rty 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 referencee
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 suceessors ,
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 al], times. In addition, Grantors, their
successors or assigns, will be responsible for a11 existing
improvements within the sewer easement and Grantee will not be held
liable for any damages, thereto.
The Grantee hereby covenants and agrees for itseif, 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 .
describedo. 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 materiale
tf/04/cov2-251wp5 (3m18-91/1)
~ A.
~EXHIBIT "A"
SEWER EASEMENT
AN EASEMENT FOR INGRES3, EGRE3S AND UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS A 32.00 FOOT WIDE STRIP OF LAND WITHIN PORTIONS OF
PARCEL l, 2, 3, AND 4 OF PARCEL MAP 16913 AS ADJUSTED PER
CERTIFICATE OF COMPLIANCE RECORDED AS FILE/PAGES 93-0059946, 93-
0059447, 93-0059448, 93-0059449 RESPECTIVELY ALL RECORDED JANUARY
29, 1993. SAID CERTIFICATES OF COMPLIANCE BEING SHOWN ON RECORD OF
SURVEY 14100 ALL IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
3TATE OF CALIFORNIA THE CENTERLINE OF SAID STRIP DESCRIBED AS
~ FOLLOWB:
A STRIP OF LAND 32s00 FEET WIDE THE CENTERLINE THEREOF BEGINNING AT
THE CENTERLINE INTERSECTION OF LONE HILL LANE (60.00 FEET WIDE) AND
LONE HILL ESTATES COURT (FORMERLY BUKAMADA LANE) (32.00 FEET WIDE)
AS SHOWN ON PARCEL MAP 16913 RECORDED JULY 19, 1992 IN THE OFFICE
OF THE SAID COUNTY RECORDER; THENCE ALONG THE CENTERLINE OF SAID
LONE HILL ESTATES COURT S 89007132" E(RECORD S 89°07'23" E) 270.85
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
CENTERLINE 8 89007'32" E 20.00 FEET TO A POINT COMMON TO SAID
ADJUSTED PARCELS 1, 2, 3 AND 4 SAID POINT BEING ALSO THE BEGINNING
OF A 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE
ARC OF 3AID CURVE 14.25 FEET THROUGH A CENTRAL ANGLE OF 04004'58"
~ TO THE POINT OF TERMINUS IN THE WESTERLY LINE OF PARCEL D OF THAT
SEWER EASEMENT AS GRANTED TO THE CARDIFF SANITATION DISTRICT PER
~ DOCUMENT RECORDED JULY 3, 1992 AS FILE/PAGE 92°343259.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO
BEGIN IN A LINE THAT BEARS N 00 ° 52' 28" E AND PASSES THROUGH THE
SAID TRUE POINT OF BEGINNING AND TO TERMINATE IN THE WESTERLY LINE
OF PARCEL D OF SAID CARDIFF SANITATION DISTRICT EASEMENT.
EXCEPTING THEREFROM THAT PORTION LYING WITH SAID PARCEL 3.
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Executed this ~ day of 19613
OWNERa
_ By :
GARY L BUKAMIER
By:
}
STATE OF CALIFORNIA }ss.
couNrY oF SA-iv 1~i EG ~ appropriate
o OnM/V before me, f(~~ K ~Cf/~-'t/ SO/~/
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~ personally appeared ~~-12V L f~-~1"~
r
ro personally known to me (or proved
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Q to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
iL instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
(D and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the
a~
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I person(s) acted, executed the instrument.
r, EAL
SON
LffORNW
m WITNESS m hand and official se i. em
~ NiY
y 6,1994
°o
8 Signatu
(This area for official notarial seal)
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 e
WARREN H. SHAFER, District Manager
Cardiff Sanitat~ion District
_ tf/04/cov2-251wP5 (3-18-91/1)
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Executed this daY of 'jGf/(e ~ 192-3_.
OWNER:
By :
. GARY . BUKAMIER
By:
}
STATE OF CALIFORNIA }ss. appropriate
COUNTY OF ~N Di L Go }
o On Tl.oiVE ~f, /~I92 _ before me,
U ~ ~
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co personally known to me (or proved
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a
ii instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
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I person(s) acted, executed the instrument.
oF7acr.d,i, sEaL
~ WITNESS and and official s. 1ANI(EK.SWENSON
NpTANYPIlBLIC• CAIIFININUI
SAN DIEGO COUNtt
c
EO: My Comm. Expires May 6,1998
Signature
(This area for official notarial seal)
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:
WARREN H. SHAFER, Distr t Manager
Cardiff Sanitation District _
tf/04/cov2-251wp5 (3°18-91/1)-