1992-343257 (2) . : . . . - . . J. . . . . . . . .
1992-0343257
~ . 03=JUN-1992 08:41 AN
OFFICIAL REGpftDS .
5 5 4 SRRNNETTE EUAhiSY RECORDER'S
Recording Requested by: FEES~ 0.0p
Cardiff Sanitation District ) NR
)
When Recorded, Mail to:
District Engineer
Cardiff Sanitation District )
527 Encinitas Boulevard ) g;~
Encinitas, CA-92024
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE F
ONLY
. l~
SEWER EASEMENT ~
ER 4~
Assessor's .:Parcel MENTA~Y ~RAN~Project TPM 88-052/CS-121'
No. 264-030-54 p~aGU: W.O. No. 2559PM
Donna Jean Monaqhan, in trust for
Beau William Monaahan and Bryan Gordon Monaqhan
hereinafter designate Grantor(s), owner(s) of the hereinafter
described'lands, for a valuable consider:ation, 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 installation, conptruction, ogeration,
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, structur.es; trees, bushe;,,,
unciergrowth, flowers, arid any other obstructions inter-fering 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
: ma:intenance 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. :
tf'/04/COV2-251wp5 (3-18-91/1) _
SCANNED
. . . . . / . . . . . . : . .
. . . . . . ` . . . . / . _ . . .
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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 followsc
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 riot 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 sh411 be 'gradpu flat` anfl unobstruc-Led: at a1l 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 sha11 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 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
describea, 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.
I
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i tfJ0'4/cov2-251wp5 (3-18-91/1)
f
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. , 55b (
Executed this 4;qz day of ~ 19. z-
O :
B
_ Donna J onagh ; ustee
Byo
:[Signature of OWNER 3must be notarized. Attach the appropriate
acknowledgemente]
I
,
This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF:SANITATION DSSTR3CT a
political corporation and/or governmental:agency is hereby accepted
on behalf of its Board, pursuant to authority conferred by
I2esolution of said Bo'ard adopted on March 20, 1979, and Grantee
consents to the recorelation thereof by its duly -authorized of f icer .
Dated o
~
WARREN H. SHAFER, Dis ict Manager
Cardiff Sanitation District
tf/04/COV2-251t,p5 , (3°18-91/1)
~w
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Individual Acknowledgement ~ ~ 1
STATE OF CALIFORNIA ( ~ SS.
COUNTY OF
' p, , 19 before me, the undersigned, a Notary Public in and for said
, County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) t be the person whose
name~_subscribed to this instrument and acknowledged that executed it.
i
N ~
WITNESS my hand and official seal. Notary Seal
orriczAL sFnz. °
Mary Ellen Bloomingdale
e~e5--~ 40~~O& NQTAflY VUBLIC • CALIFOqNIA
i~ SAN DIEGO COUNTY
V My Comm, Expres July 14.1995
Not r ublic in and for said nty and State
TT-14 Rev. 5-82
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556
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LEGAL DESCR I PT I Olti
EXHIBIT A
, PARCEL A i
l
A 20.00 foot wi de stri o of 1 and, yi ng wi thi n Parcel 3 of Parcel
Map No. 3278, i n the Li ty of Enci ni. tas, County of 5an Di ego, '
State of Cal i forni a, fi 1 ed i. n tf-ie Gf f i ce of the Cnunty Recorder
of sai d County on December 5, 1974 as f=i 1 e/Paqe IVo. 74-318065
of O-F-F i ci al Records, the East l i ne of sai d stri p of l and bei ng
descr i bed as f ol 1 aws:
Commencing a'l: the 5outheast corner of Parcel 3 of said Parcel
~ Map No. 3278; thence a1 ong the South faoundary 1 i ne of sai d
i Parcel 3, Nor-th 890 30' 15" West (Sautl-i 870 55' 22" West RECQRD
per Parcel Map IVa. 3278, in the Ci.ty of Enr_.initas, Gountv of
San Di eoo, State' of Cal i forni a, -f i l eci i n the Uf -F i ce of the
Cou►ity R'ecorder of sai d County on December 5, 1974 as Fi l e/Page
i No. 74-1,318065 of Official RPCords) 19.69 feet to the TRUE F'OINT
OF' DEGIN4IIVU: thence Narth 140 28' 46" East 87.80 fPet to the
;East boundary line of said Parcel 3: thence along said East
baundary line I'Jorth U1° 31' 07" East (North 010 03' 16" West
' RF_CORU per F'arc-el fhap No. 3278, in the City of Enciriitas.
i County of San Di egn, 5tate of Cal i f orrii a, f i 1 ecf i n thc t7f fi ce of
the Counfi:y Recorder of sai d County on December 5, 1974 aa
Fi 1 e/Page No. 74-318065 n-F Uf f i ci al Records) 252.87 feet to the
Northeast corner of said f'arcel 3 and the PUINT Of=' TERfyIINATIDN.
The si del i nes of sai d 20.00 foot wi de str i p of 1 and to be
prolonged or shortened so as to create a continuous striP of
; 1 and 20.00 feet i n wi dth cammenci ng at the Sauth bouncJary 1 i ne
' ancl termi nati ng at the North boundary 1 i ne a-F sai d Parcel - 3 of
j Parcel Map No." 3278.
i
PARCEL B
The Southerly 10.00 feet of Parcel 3 of Par-ce1 Map No. 3278, in
the Ci ty of Enci ni tas, C:ounty of San Di eyo. 5tate of Ca.l i forni a,
j f i 1 eci i n the Uf-f i ce of the Countv Recbr+Jer of sai d County on
~ Uecember 5, 1474 as ri l e/Page IVo. 74-318065 of (]-F f i c i al
j Records.
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i 8EE EXH I B I T 8 A71"ACNED HCRE1`D AIVD I"IAllE A F'AR'i- NEREUF
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: MAP No•3270~ R~4.IZls/74 as FIP
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