1992-343260 (2)
-3C 9 1992-0343260
03-,~UN- 1992 08= 41 AN
OEFICTAL REG0RD5
SNN DIEGQ COUNTY CEGORDER' S OFFIGE
Recording Requested bys ~ 7S ANNETiE EVAhlS, COUNTY RECQRDER
Cardiff Sanitation District rEC~~ 0.00
)
When Recorded, Mai1 to: NA ~
District Engineer ~
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas,:CA 92024 ~
F'or the benefit of the District SPACE ABOVE FOR RECORDERS'S U
SE ONLY 'A
SEWER EASEMENT
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_ Assessor' s Parcel ' 90CUMENTARY TRANSFER TAX
Project TPM 88-052/CS-121 Noe 264-030-55 W.O. Noo 2559PM
Wina Y. Lum and Nancy A.
hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do omm) hereby GRANT
_ and CC?NVEY 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 insta3lation, 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%aid 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'.
tf/04/cov2-251wp5 (3-18-91/1')
i , SCANNED
574 ~
The real- property xeferred ` 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 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 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 a11 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 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 itself, its successors
and a'ssigns, 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 materiale
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~ tf/04/cov2-251wp5 (3-18-91/1)
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, 575 Executed th is ~ ( .dt- day of 19 •
OWNER•
B •
Y•
Wing . Li~A
By: ~
Nancy A. Lum
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.]
. This is to certify that the interest in real property eonveyed by
the foregoing deed or grant ta 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, Dt trict Manager
Cardiff Sanitation District
tf/04/cov2-251wp5 (3-18-91/1)
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