1999-817915 (2) ~
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1999-0817916 _ DOC 1999~0817915
Recorr.~ing Requested by: )
C~.rditf Sanitation District ) D'''c 1-7 ~ 1999 8= 44 ()M
when xecorded, Mail to : ~667 OfFtCIWL. REG(JfiDS
District Engineer ) SAN DIEGO COUNTY RECL1kDEh'S OFFICE::
Cardiff sanitation District ) GREGORY J. 8M1TH^ Ca~TY RECpRDER
505 South Vulcan Avenue ) FEES: 0.00
Encinitas, CA 92024 ) aC' NA
I Q For the benefit of the District ) SPACE ABOVE FOR RECORDER'S
/ p USE ONLY
SEWER EASEMENT
! Assessor's Parcel Project No. MUP 97-111
No. 262-080-20 W.O. No. 5461-G
i
ENCINITAS HERITAGE PARTNERS, LLC, a Delaware Limited Liability
Corporation
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 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,
i 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 County
of San Diego, State of California, and is particularly described
I as follows:
,
SCANNED
2663
See Exhibit "A° ' 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
i replace any oiled, asphalt or concrete surface with like material
and will replace any fence removed by it.
Executed this 7` day of
OWNER:
ByAW ~chael Carr-
ick~ MoD., President
ENCINI'I'AS HEFtlI'ACE PAFaNID.ZS, LLC, a]~laware
Li.mited Liability Crporation
By.
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I BK/csewer.doc (08-17-98)
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CALIFORNIA ALL-PURPObr- AUP -OWLEDGMENT-
RR
State of L&C 26U 9
County of ~QoY1o _
On (Jl.-Lkka before me,
( g., "Jane Doe, Notary Puhlic")
Date Name and Title of e.
personally appeared o~9 ~ i l~ ~ ~ ~ Officer - -
Name(s) of Signer(s)
kpersonally known to me - OR he basis of satisfactory evidence to be the person(-,}
whose name(ois/ar-e-subscribed to the within instrument
and acknowledged to me that hekshe1#+iey executed the
same in hisA4e#their authorized capacity(-ies), and that by
CHrASTINATICKEt. his/!;~ir signature(s) on the instrument the person(-9),
QConamt~ion#tp73620 ~ or the entity upon behalf of which the person(s) acted,
~ ~ executed the instrument.
My Comm. ExOre:~Ocf 1.194D r 11, WITNESS my hand and official seal.
Signature o( Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Narne:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner - ❑ Limited ❑ General ❑ Partner - Ll Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-i n- Fact
❑ Trustee ❑ Trustee
MT:
❑ Guardian or Conservator .
❑ Guardian or Conservator .
❑ Other: rop or tnumb nere ❑ Other: Top of tnumb nere
Signer Is Representing: Signer Is Representing:
O 1994 National Nofary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
zs r o GOVERNMENT CODE SECTION 27281
This is to certify that the interest in real property conveyed by
deed or grant to the Cardiff Sanitation District, is hereby
accepted by the undersigned agent on behalf of the Cardiff
Sanitation District pursuant to authority by Resolution of the
Board adopted on March 20, 1979 and the grantee consents to
recordation thereof by its duly authorized officer.
Dated:
4
By.
Alan D. Archibald, P.E.
District Engineer
Cardiff Sanitation District
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' EXHIBIT "A"
(PUBLIC SEWER EASEMENT) 2671
A PUBLIC SEWER EASEMENT, OVER, UNDER, ALONG, & ACROSS ALL THAT
PORTION OF THE SOUTHERLY 610 FEET, OF THE EASTERLY 360 FEET OF
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23,
TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, BEING
WITHIN THE CITY OF ENCIMTAS, COUNTY OF SAN DIEGO, STATE OF
CALIFOlZNIA, THE CENTERLINE'S BE1NG MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
PARCEL 1
A 24.00 foot wide easement, beginning at the intersection of the northerly line of the
southerly 20.00 feet of the above described property, with the centerline of El Camino
Real, as shown on Road Survey Map 1802; thence westerly along said northerly line,
North 89°50'S4" West, 360.00 feet,
Excepting therefrom all that portion lying within El Camino Real, as shown on said Road ,
Survey 1802. ~
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