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1994-655271 (2) . . ~ _ a . . . . . . ~t _ , DOG ~ 1994~0655271 Recording Requested :by : 461 10--h9OU-1994 10- 15 AM Ca-rdiff Sanit~t~joM District ~ When Recorded, .Mai-1 tw. OFf ICIAL RECORDS 5AM dIEGO CaUNT`f kECORDEft'S OFFICE District Enginecer ) GREGDRY SMI T N, C G l 1 h I T Y RE C O RD ER Cardiff sani~~tion Di~~~rict ) FEES: 0.00 505 South Vulc&n AveMUe ) Eancinitas, CA 92424 FQr the benef it qf DiMt ct ) SPACE AHOVE FOR RECORllERS' 3 USE ONLY SEWER EASE'IKENT Assessor's Parcel Project No• 264-030-66 W.O. No. DCS183 Raymond C. Poon and Melanie J. Poon , hereinafter designated GYantor(s), owner(s) of the hereinafter . described l.ands, for a valuable consideration, do(es) hereby GRANT and CONVEY to the Cardiff Sanitation District herein designated Grantee, a perpetual exclusive easement and ri,ghtyof--way upon, through, under, over and across the hereinafter described real property for the installation, construction, operation, maintenance, zepair, replacement, and reconstruction of SEWER pipe lines and/or mains, manholes, sewer lateral pipe lines, and all structures incidental theretn, together with the peYpetual right to remove buildings, ferlces, structures, trees, bushes, undergrowth, flowers, and any other o)astrUetions 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 ather materials within said right-og-way and to use the same in:such manner and at such loCatloiis as said Grantee may deem proper, needful or necessary in the construction, reconstruction and maYntenance of said sewer. lines or structures incidental thereto. To have and to hdlci said easement and right-oF way unto itself and unto its succeSsors and assigns forevex, together with the right i:o canvey said easement, or any portion of said ea5ement, to other public agencies. tf/94/cov2-251wp6 (3--18-91/1) , SCANNED The real pra~e-rty referred to herein and made subject ta said easement and right-of-way b~r ~h-is grant is situated in the Ca.ty of 462 Encinitas, Count,y, ;~f Un -Da.ego, state of California, and 5.s _ pa~ticularly described as fol1ows: S~~ E-xhibit "N" ant~ Exhibit »g„ :attached hereto and made a part by hereof by this raferencs. The Grantors may, at their own risk, use the surface of the above described real pxQperty in a manner that will :not interfere with or be detrimerital to use of sai.d easement 4and right-of way by Grantee, its suoc.essars and assigns, prcvidod no trees sha11 be planted or grown thereon and thE entire area encumbEred by the sewer easement sh~ll be graded flat and unobstructed at all t,iltes, unless authorized by the Grantee a.n.writing. The Grantors hereby covenant and agree for themselves, their heirs, :successors and assigns, 'that thQre shall -not be cQnstructed or maintai,ned upon the above described real property or within said easement and ri,ght-of-way, any buildings or structures of any nature or kind that will interfere with the usQ 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 unloeked, or, if locked, then Grantee shall be provided with a key at all times. In addi.tion, Grantors, their successors or as:signs, will be responsible for all existing improvements within the 5ewer easement and Grantee will not be held liabl.e for any damages, thereto. The Grantee hereby covenants and agree5 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, th8ir heirs, suecessars and assigns may enjoy the continued use of the surfaee of 5aid real praperty herein described, subject to the cond3.tions ab4ve stated• and the Grantee hereby covenants and agrees that aEte•r the installation of any pipe line in any excavation made-by it in the above described easement and r ight-of -way. Grantee will backfill any such excavation made -by it so a:s to fil1 said excavation as nearly as praeticable to the level of the surrounding ground, and will replace any ailed; asphalt or concrete surface with like material. . tf/04/cov2-251wp5 (3-18-91/1) , ' ~ a 'ay of 463 Executed. this d Byi 13y f [Signature of 4WNER :znust }ae ;notarized, Attach the apprqpriate acknowledqement. This is to certify that the interest in real property conveyed by the faregoing deed or grant to the C;A.RDZFF SA.NITATIQN DISTRICT a political corporation and/or governmental agency is hereby accepted on behalf of its Board, pursuant to authority conferred by Resolutian of said $oard adoptEd on March 20, 1979, and Grantee consents to the recordation thereof by its duly authorized officer. patea : /V' Z( pistrict Manager 45a-'rdiff Sanitati,on Dzstri.ct • tf/04/cov2-251wp5 (3-18-91/1) n ( . CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT 464 STATE OF CALIFORNIA COUNTY OF **Los Angeles** On **7-20-94** before me, **Buena Garma Cayetano** , Notary Public, personally appeared **Ravmond Poon** 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 hislher/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 a fficial se . Signature ~ BUENA GARMA GAY~TANO du COMM. #1009497 > PdOTARY PU6LIC - CALIFORNI,4 (n LOS ANGELES COUfdTY m C,4is~~`p My Comm. Expires NOV. 94,1997 ~ .v*m~&s-m~~~~a (Seal) SF-9474-8 (Rev. B - 1/94) ' „ . / r.. . . CALIFORNIA ALL4 ..RPOSE ACKNOWLEDGMEk. STATE OF CALIFORNIA 465 COUNTY OF LOS ANGELES On JULY 21, 1994 before me, TRENE L. HUTZAR , Notary Public, personally appeared MELANTE J. POON pcfsenafly-kncawn-to-me- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that qefshe/they executed the same in taie/her/the#-authorized capacity(+es), and that by hWher/tMeir signature(4 on the instrument the person(sj, or the entity upon behalf of which the person(sy acted, executed the instrument. WITNESS my hand and official seal. 4 Signature OFFICIAL SEAL _,:;Q; SKIRENE L. HUIZAR J, NOTARY PUBLIGCALIFORNIA PRINCIPAL OFFICE IN lOS ANGELES COUNTY My Commission Expues August 26 1994 (Seal) SF-9474-8 (Rev. 8 - 1/94) 466 J.N. 93-165 June 16, 1994 EXHIBI7 'A' LEGAL. DESGRIPTIQN FOR PUB[,IC SEWER EASEIVIEN'T (APN. 264-036-66) An easement for public sewer purposes aver, under, along and acrQSS that portion of Parcet 3 of Parcel Map No. 6594, in the County of San Diego, State af California, filed in the Office of the County Recorder of San Diego County, November 23, 1977, mQre particularly described as follows: Beginning at the Squthwest corner of said F'arcel 3; thence along the Westerly line of said parcel 3 1. North 1025'40" Wesf 136.95 Feet to the TRUE POINT QF BEGiNNING; thence along the Northerly line of said Parcel 3 2. North 29002'32" East 124.92 Feet to a point on a 200.00 foot radius curve concave Southeasterly, said curve being also the Northerly line of . said Parcel 3; thence alang the arc or said curve 3. NortheaSterly 166.36 Feet through a central angle of 47°39'30"; thence continuing along the Northerly line of said Parcel 3 4. NQrth 76042'02" East 110.00 Feet to the Northeast comer of sa'id Parcel 3; thence along the Easterly line of said Parcel 3 5. SQUth 13015'26" East 10.00 Feet to a point which is parallel with and distant 10.00 feet measured at• right angles South of thQ N_ortherly line of said Parcel 3; thence alang a line parallel to the Northerly line of said Parcel 3 6. Soufh 76°42'42" West 11$.95 Feet; thence 7. South 6Q°14'23" West 106.97 Feet; thence 8. SQUttt 29°02'$2" West 184.82 Feet to a point on the Westerly line of sald Parcel 3; thence along the VVesterly line af said Parcel a 9, NcSrth:1°25'4Q" Vllest 19.72 Fe8t tQ,the 'fR:UE PC?INT 4F BEC'aINNING: Contairls in a(1 4,26.2 squa.re feei, more or less. 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