1992-343261 ;
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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
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5 8 Exeeuted thia dzty Qf
. tJWNER t
B
y
Conra Nissim Mori
c
BY:
Marianne McDonal. , Trust e
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• [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
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~ 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
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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
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Exhibit "C"
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Page 4 of 5
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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"
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Exhibit ~~C"
Page 5 of 5
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