1994-655276 (2)
(r-9C # 1994-065aL76 .
-HOV-1994 10: 1c AM
495 , OFFIGIAL RECDkDS
5RN pIEGO GOUNTY RECORDEk'S OFFICE ~
Recording Requested by: ~ tiF:EtiORY SCIIIN, COIJhITY RECDRDER
FEES: 0.00
Cardiff Sanitation District )
When Recorded, Mail to: )
` District Engineer )
Cardiff Sanitation District )
505 South Vulcan Avenue )
Encini,tas, CA 92024 ) ¢:a. ~y
Foz the benefit of „tY~e District ) SPACE ABOVE F0R RECORDERS ~ S LTSE
ONLY
SEWER EASEMENT
Assessor's ParGel ProJect
NO. 164-030-35 W.O. NG. DCS183
Roy K. Okita and Junko Okita and KatsuhirQ Miyamoto and,_Njch,jko MiyamQto,
hereinafter designated Grantor(s), owner(s) of the hereinafter
described 1.ands, for a valuable consideration, da(es) hereby GRANT
artd CONVEY to the Cardiff Sanitation District herein designated
Grantee, a peYpetual exclusive easement and right-of-way upon,
through, under, over and across the hereinafter described real
property for the installation, construction, operation,
maintenance, repair, replaeement, 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, bu5hes,. undergrowth,
flowers, and any other obstructions interfering w3.th the use of
said easement and right-af-way ,by Grantee, it$ successors or
assigns and in addition thereto, to remove scail and other materials %
within said right-of-way and to use the same in 'su+ch manner and at
5uch 1dGations as said Crantee may deem proper, needful or "
necessary in the construction, reconstruction and ntaintenariCe of
said sewer lines or rtructures inCidental thereto.
_ To have and ta hold said easoatie-~t and righ-t-af' way unto itself and
uMto its successors and assigns forever, tQge-th,er urith; the right to
CdYYv$y' said' eas'azeT'lt,, C5r a3"1y p~~tiCn Of" saiC`~ ~~~az~''.nt, tE5 OtIlE.'+,;* ,
pubXic, agenciesr
tf/04/Q0V2-251wp.5 (3-18-21/1) ,
. ED
SCANN'
~The real property referred to herea.n and made suhject to saia496
easement and right-of-way by this grant is situated in the City of
Encinitas, County of San Diego, State of Galifornia, and is
particularl:y 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 owm risk, us8 the surface of the above
described real property in azanner that will not interfere with
or be detrimental to use af saia easement and right-oE way by
Grantee, its successors and asgigns, provid=ed, no trees shall be
planted or grQwn thereon and the entire area encwnbered by thes
sewer easement shail ba gradea Fiat and unobstructed at all times,
un].ess authorized by the Grantee in writing.
The Grantors hereby cdvenant and agree for themselves, their heirs,
successors and assigns, 'that there shall not be constructed or
maintained upon the above descri.bed 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-af-way unless authorized by said Grantee, its successors
or assigns, or that wi,ll interfere with the ingress ar egress along
said easemQnt by said Grantee, its successors or assigns. When
authorized by the Grantee, gates will be germi,tted_as lang as said .
gates remain unlocked, or, if locked, then Grantee shall be
pravided with a key at a11 times. In addition, Grantars, their
successors or assigns, will be responsible for all existing
improvements wi:thin the sewer- easement and Grantee wil], riot be held
li:able for any damages, thereto,
The Grantee hereby covenants and agreas for itse].f, its~successors
and assigns, not to prevent the Grantors, their successors or
assigns, from GrQSsing over said real property and agreas that the
Grantors, thair heirs, successors and assa,gns may enjoy the
cantinued use of the surface of said real proparty herein described, subject to the conditions abave stated; and the Grantee
hereby covenants and agregs that after the installation Qf any pipe
line in any excavation made by it in the above described= easement
and right-of-way Grantee will backEill any such excavatian made by
it so as to f ill said excavatian as nearly as practicab].e to the `
level of the surrounding graund, and wi1.1 replace ar1y oi].ed;
- asphalt or concrete surface with 1ike mat~ria1. .
tf/04/c:ow2-2"5,1wp5 (3-18-91/1)
~ STATE OF CALIFORNIA
COUNTY OF 44-A-/J'CA7 ( 49 r.~
l !
~ On - ~ Y /C~ before me, /~~~1.- /1I • ~O~t+~o /2/mr./1~.e-
E (Notary Name and Title)
o~
~ personally appeared )e.A7~SE1.s,[f/Ld Ay ,e YAl9 07-0 7-p
o 12-6 . C 7"/9 7-,P4
Y
U
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
~ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
~ authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand avo official seal. OFFICIALNOTARYSE~L
VIC70R M. COfd7RERAS
Signature NotaryPu~Iic-palftornia
ORANGE CGUNTY
My Comm. Expires AdAR 08,199b
T721 (Notarial Seal)
-
498
Executed this f 07°~,/ day of ~J eG Y 19 ~'f •
OWNER•
` B " . .
. y. .
• _
1711
. ` gy;
[Sfgnature of OWNER must be notarized. Attach the appropriate
acknowled.gement.].
fihis is to certify that the interest in real propexty` conveyed by
the foregQing aeea nr grant to the CARI?I FF SANITAT ION DISTRICT a
political carparation and/or governmental-agency is hereby accepted
on behalf oP its Baard, pursuant to authority conferred by
Resolution of said Board adopted on March 20, 1979, and Grantee
cQnsents to the recordation thereof by its duly authorized officer.
Dated s
Di.strict Manag
Cardiff sanitation pistrict•
tf/04/cov2--2S1wp5 (3-18:-91/1)
. ,
r
499.
J.N. 93-165
June 16, 1994
EXHIB17'A'
LEQAL DESCRIPTION
FOR
PUBLIG SEWER EASEMENT
(APN: 264-030-35)
An easemenf for public sewer purposes over, under, afong and across that portion of the Southeast quarter of the
Southwest quarter of the Southwest quarter of Section 4, Township 13 South, Range 3 VI/est, San Bernardina
Meridian, in the County of San Diego, State of California, accarding to United States Government survey more
particularly described as follows:
Beginning at the Southwest corner of the Southeast quarter of the Southwest quarter of the Southwest quarter of
Section 4, Township 13 South, Range 3 West, San Bernardino Meridian; thence
1. North 1°03'16" West 10.00 Feet to a point which is parallel with and distant 10.00 feet
measured at right angles NQrth of Said section line; thence
parallel to said section line
2. North 87055'22" East 501.23 Feet; thence
3. North 5$°56'45" EaSL 11$.1$ Feet; thence
4. North 29002'32" East 104.44 Feet to a point on the Easterly line of said Southeast quarter of
the Southwest quarfer of the Southwest quarter of said
Section 4; thence along said Easterly line
5. Soath 1025140" East 39:44 Feet; thence
6: South 29°02'32" Vllest 75.79 Feet; thence
7. South 5$°56'45" We9t 108.04 Fest to a point an the Southerly section line of said SeCtion 4;
thance along said section line
8: South 87055'22" West 524.64 F'eet to the P61N7 OF BEGINNINQ.
~ontains in aU 9,192 square feet, mare or less.
oklte
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PU~L lC b'EWER EQSEMENT
GRdNrED TD CQROIFF SQN/TMiDN ~
015Tfm T A(~8°5G 45"'E
~ ~ N81°5y'22"~ 501.23' ~
ID,Da ~WTUNd ~ 5444' f~QIUCI~ J~' ~ ~
- I ~
N58'4,S"
N87°55'zf"e 657.00' 10e-04,
tXr57` 6o'.Ovr. NQed Imer. ~ fvollc
uttt/ Ty c- ~;M'T". PeR dx to. 198~4
rlLeO' 1- Cq .
J0~ ~Q• ~3 •16.~
SOWARpS ~ BRQWN ENGINEERING, 1NG
CONSl1l11NO EtJGINEERS
218.7 tJEWASTLE AVCNWE SUITE 202
, CARDIFF BY 1fit SEA, GA; 92007 (619) 438' 8500