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1994-655272 (2) r - . - ...P9C # 1994~002;e Z . r"~HOV'1994 10-15 AN l t ~ aFFIGIAL RECORD5 468 SRN DiEl;a COIJNTY RECOkOEk'S DfFICE - tiREliORY SMITH+ COUMTY REGaRDER Recording Requ~~~~d by: ) FEES: 0.00 Cardiff sana.~~~tion Distra.ct ) ) when Recarded, Xail tQ; ) Distz iet Engi-n-ear ) Cardiff Sanitdtion District ) 503 South Vulcain Avenue ) Encinaitas, CA 9-2024 ) Egr t be e it a. ' st SPACE A$OVE FOR RECORDERS' S USE ONLY SEWER EASFMFNT Assessor's Parc$l Project No. 264-030-65 W.O. No. DCS183 _ Michael C. Calton and 'Kathie N. Colton . ,.y.~_..._ 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 exclus,ive easement and ri.ght--of-way upon, thraugh, under, over and aeross the hereinafter described real property for the installation, canstruetion, operation, maintenance, repair, replacement, and reconstruction of SEWER pipe lines and/or mains, manhole5, sewEr lateral pipe lines, and al1 structures incidental thereto, togethar with the perpetual right to r8move buil.dings, fences, structures, trees, bushes,.undergrowth, ' flowers, and any other ohstructidns interfering with the use af said easement and right-of-way by GYantee, its successors or asszgns and in acldition thereto, to remQVe 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 af - said sewer lines or struettires incidental thereto. Ta have and to hold said easement and right-og way unto itself and unto its successars and assign5 forever, together with the right to convey said easement, or any portion of said easement, to other - public agencies. tf/04/cov2-251wp5 (3-1$-91/1) SCANNED . ~ . . . . , ' 4. . 1 4S V The real property ?~ef erred °to h:erein and made -subjec-t to 5a3.d aasement and r;~~~~~~~f--way b~ thi's gra~t is situatesi in the City 4f ~n D;iego, 3tate c~~ ~ala.fornia, and is Zncinitas, Cou.r~~~ Sa parti.culaxly de:~~~~~~~ ~s ..fo:llovs; See Exhibit -atd =Exha.bit "B" attached hereto a:nd madea paxt by hereof by this rottrance. The Grant4rs may, at thQir own risk, use the surface of the above described real p~opexty in a mannex that will not interfere with or be detrimental to use of said easement and right-of way by Grantee, its successors and assigns, pxovisied no trees shall be plant$d or grown thereon and the entire area encwmbexed by the -sewer Easement s~~ll ba graded f lat and unobstructed at all txmes, unless authorized by the G.rantee in writing. The Grantors hereby covenant and <agree Por themsel.ves, their hei.rs, .successors and :assi:gns, 'that there shall not be constructed or maintained upon the abo~e deseribed real property or with.in said easement and zight-of --way, any °building~ or struetures of any nature or kind that will inter:fere 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 unl.ocked, 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, ~.ts successors and assigns, not tc~ prevent the Grantors, their successors dr assigns, from crosszng over said real property and agrees that the Grantors, theiac heirs, successors and assiqns may enjoy the continued use of the surface of said real property heYein dESCribed, subject~to the conditions abave s-tated; and~the Grantee hereby covenants and agr.ees that after the installation of any Pipe ]:ine in any exeavation madE by it in the abave described easement and right-ofwway Grantee will baekfill any such excavation made by it so as to fill said exeavation as nearly as practicable to the level oE the surrounding ground, aMd will replace any oi1ed, _ asphalt or concrete surface with like material. . tf/04/coV2-251w'p5 '(3-18==91/1) , , ~470 Executed this ~f day :of . 0 B 13y : ; 8 [Signature of 4WNER must be natarixed. Attach the approprfate acknowledgement.]. This is to certify that the interest in real property conveyed by the Foregoing de€d ar grant to the CARDIFF SANITATION DISTRICT a polxtical corparation 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: , District Manageic CaXdiff Sanitation District• tf/44/cov2--251wp5 (3--18-91/1) CALIFORNIA AL1.-PURPOSE ACfCNOVVILEDGMEM'~' V , ~ j. ,i i, ~ , .i, N< State of 0.~~~ I~Q~r vN irx OPTIONAL SECTION!~iiiiiii I ~ ' CAPACITY CLAIMED,BY.SIGNER COUIItY Of Though slalute does not require the Notary to 1111 In the dala below, doing so may prove 011 ~ ( q4- befare me, Invaluablo to persons relylnp on the documenl. DATE NAME, iITLE OF OFF ER - E.G., "JANE DOE, NOTARY PUBLIC• ~ INDIVIDUAL p ~CORPORATE OFFICER • ~ ❑ (s) personaily appeared i~tn 1~ nd C4I>I , NAME(S) OF SIGN R(S) TITLE(S) ~personaliy known to me - OR - E] proved to me on the basis of satisiactoryevidence ❑ PARTNER(S) LIMITED ito be the person(s) whose name(s) IS/al'e ~ GENERAL subscribed to the within instrument and ac- ❑ ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑ TRUSTEE(S) the same in his/her/their authorized E] GUARDIAN/CONSERVATOR capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), ~ OTHER: ,M: • BAMBI GILBERT or the entity upon behalf of which the r- . COMM. ##940343 erson s ac ' pJpTqqyp ~ i ~ p ted, executed the instrument. SIGNER IS REPRESENTING: sar~ Diro~Cr~ M Gommission xpires S~PTEMBER 19, 1995 W ITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES) ' ~.,n-~ SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: • p~ NUMBER OF PAGES ~ DATE OF DOCUMENT Though the data requosled here Is not required by law, ' it could prevent Iraudulen(realtachmenl ot this form. SIGNER(S) OTHER THAN. NAMED ABOVE 5 ' . . . . . . ~innn I.InTlnw•r1r r~i -n11n1A71l1F1I ..OnOC ..b~~.~-~. . , 471 J.N. 93-16a June 16, 1994 EXHIBIT 'A' LEGAL DCSCRIPTION FOR PUBL,IC SEWER EASEMENT (APN; 264-030-65) An easement for public sewer purposes over, under, along and across that portion of Parcel 2 of Parcel Map No. 6594, 9n the County of San :piego, State af California, filed in the Qffice of the Caunty RecQrder, of San Qisgo - County, November 23, 1977, more particularly described as follows: Beginning at the Northwest corner of said Parcel 2; thence along the Northerly line of said ParCei 2 1. North 76042'02" East 15.00 Feet; thence 2. South 13017'58" East 10.00 Feet to apoint which is parallel with and distant 10.00 feet measured at right angles South of the Northerly line of said parcel 2; thence along a line parallel to No.rtherly line of said Parcel 2 3. South 76042'02" West 15.01 Feet to a point on the Westerly line of said Parcel 2; thence along the Westerly line of said Parcel 2 4. North 13°15'26" West 10. 00 Feet to the POfNT OF BEGINNING. Contains in aII 150 square feet, more or less. colton 93185.LGL 8- 472 PCI 1 d=0°2G~18' iKtgT. GO' rR/UgEeoQOakIr i PUBc/C ~ R= 500 , ur/uTV am'r. Pee ddc ,vo• 19864, c~ 3 90 . f/LED 3 64. ~I ~~Qo ~ ,-'r I 3 C> T~N~ 1G°q2'021'~ 017 y8„ ~ io-o°, 7N13 J~'o h2 i p . IQ.OQ r NI& I I f UBClC SEGVM ~i1S~MEN1' 61ft1 N1'Eo rv C'~(RDIFF StSNlyd rlON D/STRICr z N' a ~ 9 z!~ ~PAI. &4- 030- 6y ~ ~ a z J-" ~-)C ~ w I ~ N w ~ Cm P C L k-'4 Q W ~ , - • , . . . _ _ . _ _ N 8 r°22'',6' 2~a.QO , Sp1N_ARDS. M►a BRf?WN ENGINEERING, INC. CONSULTiNG ENCINEERS 21e7 NEweAsTLE AvEr,ue suite 202 ° Ci,RAIf'F BY.. THE S,PA, CAi. 92007 (619) 436 8$06