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1997-414957 (2) 8 ~ , 13o5 UOC 1997°~0~~.49o~~ 27, 1997 12p59 PM Recording Requested by i dFFIGIA~ f~ECIlKDfi Cardiff sanitation District 5AN DIEIiQ COUNTY RECORDFR'S OfFIGE l~~'EGORY J. SI~ITH, COk1f~TY RECOf~QER When Recorded, Mail to : EEE5* 0.00 Clerk of Board 0 G: hIR Cardiff Sanitation District 505 South' Vulcan Avenue ) R rs Encinitas, CA 92024 For the benefit of the District ) SPACE'ABO IIIIIIIIIIIIIIIIIIIIIIIII i I IIIIIIIIIIIIIIIIIIIII II ONLY - a i ~ ~ SEWER EASIIKENT ~ Assessor's Parcel Project TM-4400 No'. 264-241-07,264-240-30 W.O. No. DCS 054 CHRISTOPHER S. LLOYD, Trustee of The Gregory Trust Under the Will of Marta Z. Lloyd Dated September 11, 1980; CHRISTOPHER S. LLOYD: and GREGORY CLEARY_ 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 installata.on, construction, operation, maintenance, repair, replacement, and reconstruction of SEWER pipe lines andJor 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 th'e 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 sai-d ea.%ement, nr. a:.ny port-ion of said easPment, to other public agencies. tf/04/cov2-251wp5 (3-18-91/1) , E goCA N 0 U . + . ' . . I .,r ~ 306 . . , . . . . . . . . . , . . . . . . . . . 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: i ; ~ 5ee 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 succ essors 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 successdrs 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) ~ ' i ~ ~ 13 0 , . 'GRANTOR has execut d said Easement(s) this f~ day of 19 GRANTOR: ~ : 8Y : CHRISTOPHE P S.`LL TR TEE sOF , THE GREGORY TRUST USDER THE WILL . OF MARGARITA Z. LLOYD DATED SEPTEMBER 11, 1980 . 61-4sY : ~ . CHRISTOPWP.R S. O " . _ BY: GRIEGORY CLEAR This is to cer~tify that the interest in real property, conveyed by the foregoing deed or grant to the rARnrFF 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 : ~ ~-z~ qZ G~ Lauren Wasserman, District Manager Cardiff Sanitation District . , i t m12723.doc bak 8-12-96 ; ; . . i (~f ( STATE OF CALIFORNIA )SS. COUNTY OF SAN DIEGO ) On July 14, 1997, before me, Andrea D. Nlaraslra, personally appeared Christopher S. 'Lloyd, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whase name is/are subscribed to the witbin instrtiment and acknowledged to zne that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrurnent the person(s) or the entity upon behal£ of which the person(s) acted, execufed the instrument. WITNESS my hand and off.icial seal.. AWDREA D. WIAFiASWI CONIAA. #~90Q55s8 ~ . 1~ ' ` Si n.ature ~ t1 g (This area for official notarial seal) u' I STATE OF CALIFORNIA )SS. COUNTY OF SAN DIEGQ ) On July 14, 1.997, be£ore me, Andrea D. Maraslca, personally appeared Christopher S. Lloyd personaliy known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to a-ne that he/she/they executed the same in his/her/their authorized I capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon belialf c>f which the person(s) acted, executed the instrument. WITNESS my haild and official Seal. ~j ANDREAD'MAF1k~ j COMPA. #1005596 "d~AN ~ppypB~~N~ , ' OIEt~t~~Y Corr~Waebm E~,~~raJ L..V~- C~aEA '~1, Signattire lN (Tbis area fur official notarial seal) I ~ i ~ i ; ~ . , ; CALIFORNIA ALL-PURPOr ; ACKNOWLEDGMENT R State of CA°z- 16~ tl,~ E. 1309 County of ~ On ~UL q before me, JA~ ~ • i~amflq (C! , Date Name and Title of Officer ( g Jane Doe, Notary P blic") - personally appeared 6464~ ~ I Name(s) of Signer(s) ~personally known to me - OR -be the persono whose name$0are-subscribe to the within instrument and acknowledged to me tha/41ieftMtey executed the me in is ir authorized capacity(I, and that by hi 'r signature% on the instrument the person$, or the entity upon behalf of which the personM-acted, JASON A. PENA ~ executed the instrument. Comm. #1112766 ' NOTARY PUBLIC - CALIFORNIA 5AN DIEGO COUNTY Q WITNESS my hand and o' ial seal. Gomm. Exp. Oct. 6, 2000 j ' ature of Notary Public OPTIO'IVAL , Though the information below is not required by law, it may prove valuable to ersons relying o the document and could prevent fraudulent removal and reattachm~nt of this fo to another document. Description of Attached Document Title or Type of Document: ts#~w~ ~fvkr~ Ir Document Date: JuL ~IOL -7 Number of Pages: Signer(s) Other Than Named Above: ~ Capaci"ty(ies) Claimed by Signer(s) Signer's Name: ~~q 6CQotl Signer's \e: Individual ❑ Indivi❑ orporate Officer ❑ CorpoTi (s): Title(s❑ Part r-❑ Limited ❑ General ❑ Partner Limited General ❑ Attorn -in-Fact ❑ Attorney-i n -Fact ❑ Trustee ❑ Trustee ❑ Guardian or nservator . ❑ Guardian or Conservator . ❑ Other: Top of thumb here n Othgr: Top of thumb here Signer Is Representing: Signer Is Representing: OO 1995 National Notary Association • 8236 Remmet Ave., P.O.. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 . Reorder: Call Toll-Free 1-800-876.-6827. . / . . - . . . . . . ~ _ _ . . ~ . . EXHIBIT 'A' 13 1o LEGAL DESCRIPTION - SEWER EASEMENT A PORTION OF LOT 7 OF THE SUBDIVISION OF TRACT 87041, ACCORDING TO MAP j THEREOF NO. 12816, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 21, 1991, AS MODIFIED BY CERTIFICATE OF COMPLIANCES'S RECORDED FEBRUARY 19, 1993 AS DOC. NO.'S 1993-0106697 AND 1993-0106698, O.R., AND A PORTION OF LOT 1 OF THE SUBDIVISION OF TRACT 93- 029, ACCORDING TO MAP THEREOF NO. 13320, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, Ai 12IL 25, 1396, ALL IN THE CITY ~ OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ A 15,00 FOOT WIDE EASEMENT THE CENTERLINE MORE PARTICULARLY ~ DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTION OF LONE JACK ROAD AND DOUBLE LL RANCH ROAD AS SHOWN ON SAID MAP NO. 12816, SAID INTERSECTION ALSO BEING A POINT ON A NON-TANGENT 570.00 FOOT RADIUS I CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 70°38'44" EAST (NORTH 70°44'37" EAST-MAP 12816); THENCE NORTHERLY ALONG SAID CURVE AND THE CENTERLINE OF SAID LONE JACK ROAD THROUGH A CENTRAL ANGLE OF 6025'05" A DISTANCE OF 63.85 FEET (6°28'53" 64.48 FEET - MAP 12816); THENCE TANGENT TO SAID CURVE NORTH 25°46'21° WEST 176.02 FEET (NORTH 25 °44' 15" WEST 175.36 FEET - MAP 12816) TO THE BEGINNING OF A TANGENT 350.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11055'31 A DISTANCE OF 72.85 FEET; THENCE LEAVING SAID CENTERLINE RADIALLY SOUTH 76°09'10" WEST 30.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID LONE JACK ROAD AND TI-iE TRULA POINT : OF BEGIlNNING; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE SOUTH 06°27'09" WEST 525.36 FEET TO THE NORTHEASTERLY LINE OF THAT 20 FOOT WIDE SEWER EASEMENT, RECORDED FEBRUARY 12, 1993 AS FILE NO. 93-92653, O.R. THE SIDELINES OF THIS EASEMENT SHALL BE LENGTHENED OF SHORTENED SO AS TO TERMINATE IN THE NORTH WITH THE WESTERLY RIGHT OF WAY LINE OF LONE JACK ROAD, AND IN THE SOUTH WITH ~FHE NORTHEASTERLY LINE OF SAID 20 FOOT SEWER EASEMENT. CONTAINING 7,890 SQ. FT., MORE OR LESS. A.P N. 264-240-30, 264-241-07 L~ 5292 LD D. HARVEY, JR. VGI( . S . 92 EXPIRES 12/31 / 199 I ~ I I . ' . . ( . . . . . . C . . . . . , i . . - . 100 . O . 100 200 ~ M~ . . . . W . . . lJr.iyl/U5Lf lN' ~ RANCH RD, ~~nAlN ~ 1 INCH = 100 FT. 4~~ JP~ • R, Z T.P.O.B. 10 ~ 9l ~ 11'5531' R=350.00 a2VD ~ L=7285 QNGMtAS \ACw 1 1 Mw NTS ~ 15' L ~ J\j1 r1 P -12 8 -1 6 ~ I ~ I LO-r r R=570.00' A.P.N. 264-241-07 L=63.85 ~ ~ ~ ~ N77304"E(R) CF`"" 1 pE~ - - P.O.B. SE COR LOT 7 > ~ / N 1Y'ROAD WE 9-7-1961 1.AND SU 155962, QR l\lJ AP -J 332J : Exp. 12/31 /199 ~ ~o- A.P.N. 264--240-30 No. 529 SEVtR WE 2-12-1993 N17*34561 93--926536 ~ R. 10.8s ~ ~ LEGAL DESGRIPTION A PORTION CF IAT 7 OF TF1E SUMVISION OF 1RACT 87041, ACCOfUNG TO MAP ~ YVER fASt7"FNT mFROF N0. 12816. FN.ED IN TF1E OFFlCE OF Tf1E COUNTY RECOFdfft OF SAN DEGO 7,890 SQ.FT. COUNTY, MAY 21, 1991, AS MCIDFO BY CFRMCAIE OF COMPIJANCE'S RECOFdtD FEBRIJARY 19, 1993 AS DOC. NO.'S 1993--0106697 AND 1993-0106698, O.R., AND A PORTION OF LAT 1 OF THE SU6CIVI5ION OF TRACT 93-02c, ACCOtUNG TO i'1AF N0. 13320, fr[FD N 'ft' CFMCt OF TI-E COUNTY RECAREER OF SAID SAN DEGO COIJNTY APRIL 256 1996. All N THE GTY OF ENGMTAS, COUNTY CF SAN DEGO, STATE OF CALJFORNA. PLAT TO ILLJSTRATE SE`elt-R EASMIT aM & assouaTEs, Nc: EXIIIBIT "B" 605 3rd STf~fT ENGNITAS, CA 92024 619) 942-5147 1 860FA5EA.I7VG 8-23-96 I!