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1988-536785 (2) W'~,_ } RECORD~D, PLEASE~MAI~ THI6 INSTRUMENT T0: ~ 17. C~ _ 1 Ci ty C1 erk ~ t-• _ _ _ Gity of Encinitas 535 Encinitas Blvd., Suite 100 j ,~i~ Encinitas, CA 92024 ~ . i: ~ RECORDED REQUES°6" OF 1 ~ V E 'L E ~ NO TRANSFER TAX DUE DEP'T. GENERAL SERViCFS ~ SPACE ABOVE FOR OECkm-'R `S PlO FEE a r ~ EASEMENT SEWER LINES AND APPURTENANCES Assessor's Parcel Project: SEWER ENCINITAS No. 259-231-69 ~ W.O. No.: TE5367 Parcel No.: 88-0020-A ' Log No.: 264-09 JAMES M. FROST, Trustee Under Declaration of Trust Dated November 13, 1986 hereinafter designated Grantor, owner of the hereinafter described lands, for a valuable consideration, does hereby GRANT and CONVEY to CARDIFF SANITATION DISTRICT i herein designated Grantee, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described real property for the in stallatio n, 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, 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 conve said ea semen t, or Y 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 piego, State of California, and is particularly described as follows: Parcel No. 88-0020-A (2-29-88) (ENG:JA;mrt) The Northeasterly 10.00 feet of the Southwesterly 40.02 feet of the Southeasterly 122.48 feet of Parcel 2 of Parcel Map No. 8911, in the City of Encinitas, County of San Diego, State of California, according to said Parcel Map No. 8911 filed in the Office of the County Recorder of said County. TOGETHER WITH the Southeasterly 10.00 feet of the Northwesterly 40.02 feet of the Northeasterly 194.98 feet of said Parcel 2. p'.R L i , 4L Y 2 The Cr~ntor may, at his own risk,(the surface of the above described re{ -operty in a manner that will not inter- fer- wi'"m ur be detrimentaf to the use of said easement and right-of-way by Grwitee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantor hereby covenants and agrees for himself, his heirs, successors and assigns, that there shall notbe constructed or maintained upon the above described real property or within said easement and right-of-way any building or strueture ' 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 antl agrees for itself, its successors and assigns, not to prevent the Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 excava- tion as nearly as practicable to the fevel of the surrounding ground, and wili. replace any oiled, asphalt or concrete sur- face with like material and will replace any fence removed by it. Executed this day of Aw / LO.ArLIMES. FROST, Trustee _ ~ ~ STAT E O F County of n (Acknowiedgment _ Trustee) ' , n ciT'RTE OF ) ~ County of SS pn - bef re me, the unde signed,a Notary Publcin an or saa a e, persona Y appeare eing rove o me on te asis o sa is ac ory evience to e the rustee s un er Ift ; an oe e erson s w ose name s rs are subscri e to e wMin ins rument and acknowledges that - he executed the same as Trustee(s) and that said firust executed : the same. ` ~ OFFICIAI: SEAI. WITNESS my hand and official seal. EvA L.LUNt1STROM ~ ~ay pul~IC-CedKomla L; _ 8AN DIgtiO GOCJNTY S 1 s 11 dtU 1" e My Cornm. Exp, Oot..3C~ teBQ " M 341 W Moirket 6t.,, 82n CIeOo, CA 92101 Name ypea Or printe ,...s... ..dv~nnn~~, ucNuLr UIICGWF (P1GU11ip \ Real .Property PNanagement Divisibn : Departmerit of Genera! S8WIC9S CCSF, 85.29, 5/77 ~ ( i