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1992-343261 ; ~ _ ~w.,.°„~ ~ , f 57~ DOC 0 1992-0343261 . . . . . . . . . ~~~~UN-19I 2 ..08° 41 AM . . Recording Requested by: : Cardiff sanitation District j OFFICIAL RECOkD5 . ; When Recorded, Mail to: SAN aIEGO GQLIWTY kECaRDER'S OFFICE ANNETTE EUAhlS, CU(1NTY RECORdER District Engineer FEES: 0.00 Cardiff Sanitation District ) NA 527 Encinitas Boulevard ) Encinitas, CA 92024 For the benef it of the District ) SPACE ABOVE FOR RECORDERS' S USE ONLY SEWER EASEMENT pgCUMCNTARY TRANSiER 'iAX I-'-~ Assessor's Parcel Project TPM 88-052/CS-121 No.264-101-01 W.O. No. 2559PM Conrad Nissim Mori, a single man and Marianne MeDonald, Trustee U.D.T. dated April 13, 1972 hereinafter designate Grantor(s), owner(s) of the hereinafter described lands, for a valuable aonsideration, do(") 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, construction, operation, maintenance, repair, replacement, and reconstruction of SEWER pipe lines and/or mains, manholes, sewer lateral pipe lines, and all F structures incidental thereto, together with the perpetual right to remove buildings, tences, 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 convey said easement, or any portion of said easement, to other public agencies. tf%04/cov2-251wp5 (3-18-91/1) Exhibit "C" ~ Page 1 of 5 SCANNE 1 58v I A . . . . . . . . . . . . . . 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: 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 wi11 not interfere with or be detrimental to use of said easement and right-of way by . Grantee, its successors and assigns, provided no trees sha11 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 all existing improvements within the sewer easement and Grantee will not be held liable for any damages, thereto. The Grantee hereby c.ovenants 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 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) Exhibit "C° ' Page 2 of 5 P.04 • ~ 5 8 Exeeuted thia dzty Qf . tJWNER t B y Conra Nissim Mori c BY: Marianne McDonal. , Trust e ~ • [Signature of OWbTER must be notarized. Attach the appropriate acknawledgement.) This is to certify that the intearest in real praperty eanveyed by the foregoing deed or grant ta the CARD7FF SAN TYON DISTRi a po].itical corporatian andJor gavernmentaz agency is hereby acceptefl an bBhaXf af its Board, pursuant ta authority carifez-z-ed by Resolution of said Baard addpted on Irfarch 20, 1979, and Grantee consents ta the re-cordation thexeof by its duly authorized officer. 4 . Dat • : : (c - I 2.._. ~-✓R,..,.,._, - ed. WARRFS+i H. 5HA , Dutxict idanager _ Cardiff Sanxtation Distxiat tf j04/cov2-251tap5 (3-18--91/1) Exhibit "C" Page 3 of 5 ALL-PURPOSE ACKNOWLED( IENT State of California CAPACITY CLAIMED BY SIGNER 582 ❑ INDIVIDUAL(S) COUnty of San Diego ❑ CORPORATE On 5/11/92 before me, Karla Rae HolaGek OFFICER(S) TITLE(S) DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" ❑ PARTNER(S) personally appeared Marianne McDonald , ❑ ATTORNEY-IN-FACT NAME(S) OF SIGNER(S) ~ TRUSTEE(S) Ekpersonally known to me°- OR - ❑ proved to me on the basis of satisfactory evidence ~ SUBSCRIBING WITNESS to be the person(s) whose name(s) is/are ` subscribed to the within instrument and ac- 0 GuaR~iArvicorvsERVATOR KpRLq j7 E~ HlqSEK knowledged to me that he/she/they executed ❑ OTHER: N=F1WC~Va the same in his/her/their authorized capacity(ies), and that by his/her/their SBp~fr Z9~ ~995 signature(s) on the instrument the person(s), ortheentityuponbehalfofwhichtheperson(s) SIGNER IS REPRESENTING: acted, executed the instrument NAME OF PERSON(S) OR ENTITY(IES) . Witness my hand and official seal. SIGNATURE OF NOTARY ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. Builder's Property: Legal Descr' ption THIS CERTIFICATE Title or Type of ~XOhCi~ile~ltA~p„d Exhibit C- 5 pages 5ewer Easement MUST BE ATTACHED Number of Pages FXI,;hj t R- 1ges. Po@ of Document signed 5/11/92 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Conrad Nissim Mori O 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184 ALL-PURPOSE ACKNOWLEDGMENT No zos ~ ~ State of Calif ornia CAPACITY CLAIMED BY SIGNER County of San Diego ~ INDIVIDl1AL(S) SIGNING FOR ONESELFRHEMSELVES On 5/22/91 before me, Susan M. Elwell (name, title of officer), CORPORATE personally appeared Conrad Nissim Mori (AKA Conrad Lust) , ❑ OFFICER(S) TITLE(S) proved to me on the basis of satisfactory evidence to COMPANY be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and ❑ PARTNER(S) ppRTNERSHIP that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of ATTORNEY- which the person(s) acted, executed the Li IN-FACT PRINCIPAL(S) instrument. ~ TRUSTEE(S) TRUST WITNESS my hand and official seaL OFFlCIAL SEAI ~ ❑ OTHER • SUSAN M. ELWELL TITLE(S) NOTARY PUBLIGCALIFORMIA ~E e f3~R pRINCIPAL OFFICE IN SAN UIE60 COUPIIY TITLE(S) MY Conxnkioo EKp, AWA 4 1993 1 ENTIN(IES) REPRESENTED I' ' v \ ENTITY(IES) REPRESENTED ` Signature c0 NATIONAL NOTAPY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 91304-7184 ~ . 58 ,3 LEGAL. DESCF? I PT I DN EXHIHIT A ~ PARCEL 1 The Nartherl y 10.00 feet of the Norl:hwest Quarter of the Northwest Quarter of the Northwest Quarter of 5ection 9, Township 13 South, Range 3 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San Diego, State of Californiaa according to United States Government Survey, approved November 19, 1880. PARCEL 2 That portion of the Northwest Quarter of the Northwest Quarter of •the Northwest Quarter of Section 9, Township 13 South, Range 3 West, San Bernardino Base and Meri.dian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey, approved November 19, 1880 lying Wasterly and Northerly of the following described line: Commencing at the Northeast corner of said Northwest Quarter of the Northwest Quarter of the Northwest Quarter o-F Section 9; thence along the North boundary line thereof North 890 27' 02" West 510.14 feet to the TRUE POINT OF HEGINNING; thence bn a radial line Sauth 000 32' 58" West 10.00 feet to the beginning of e nontangent 294.00 foot radius curve concave Sautherly; thence Southwesterly along said curve thraugh a central arigle of 170 03° 16" a di stance of 86.32 feet; thence tangent to sai d curve South 730 29° 42" West 61.44 feei to the beginning of a tangent 290,00 foot radius curve conca,ve 5outherly; thence Southwesterly along said curve through a central angle of 030 35' 02" a distance of 18.14 feet to the West baundary line of said Northwest Quarter df the Northwest Quarter of the Northwest Quarter of Section 9 and the POINT OF TERMINATION. SEE EXHIBIT B ATTACHED HERETO AND MADE OF PART HEREOF , I Exhibit "C" ; Page 4 of 5 , ; ~ v ~ 58 " ~ ON, vLAT oF NoRrwe.sr %4• oF rfle NoRrHWGST I4. ap rHE NoA7nWE';aT' yq. O F ~EGT/a~l 9, 2.3 W. TRUE PoINT' oF Y>FL7INNI~y PAQL~~ 2, N.B~°27OZ`W. S{0. (4/ T S.oo°32"5o"W. 10.00, a= 17°03 R= 250. oo' ; L= 8l0. 32' 4=03°35oZ' N.73°Z~AZE, ~I.44 R= 2.90.00 16. 14" ~ oti.IF.JE(Lb Mop-t ~ MC LbnxALD Z4o - 1oL -a 4 t , I . . ivat' To sCAI.e ii ~ PWAREo SV GAQ1' KPiR.o RcE Z4 000 ' ~QAi~EA °N : 3/kp/9 2 • ~ I i 'i ~ Exhibit ~~C" Page 5 of 5 • - .