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1990-574558 (2) : q 0 5 7.141:5 5 8 . , ~ w ~ . . 220 8 . . F; _ ' . . . . . . . . si # .t~. i . . . . . . - 1-cd . i . Recording Requested by: . • ) ' 22 Cardiff Sanitation District . . . . ~~t,eTk, v'k E ~a-Y{~ ~r. 3 - ) _ ~ When Rscorded, Mai1 to: ) `~y~'~~~ ~ District Engineer ) Cardiff Sanitation District ) 527'Encinitas Boulevard ) Encinitas, CA 92024 ) ~~~~g For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE ONLY SEWER EASEMENT Assessor's Parcel Project 7'1'M gq-140 _ No. 265-390-34 _ W. O. No. 018 I N ' Log No, 4'7q Michael W. Rilev and Mvrna L. Riley AND Jerry MacDonald and Novene MacDoriald AND Denton L. Kimball and Catherine Kimball hereinafter: designate Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do(~2n) hereby GRANT and CONVEY to the Cardiff Sanitation District herein designated Grantee, a perpetual 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 structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obst.ructions interfering with the use of said easement and right- of-caay by Grantee, its successors or assigns and in additi.on 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 suceessors and assigns forever, together with the right tf/my/cov2-116wp5 (9-27-89) . SL;ANNLU 2209 ` to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the 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 sisk, use the surface of the above described real property in a manner that will not 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. 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 with building or structure of any nature or kind that will interfere with the use of said easement and right-of-way Grantee, its sucaessors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. 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 described, subject to the conditions above stated; and the grantee hereby covenants and agrees that after the installation of any pipe line by in any excavation made by it in the above described easement and right-of-way it 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 and will replace any fence removed by it. tf/02/COV2-116wp5 (11-13-89/1) / , 2210 ' ~ ~ Executed this r day of , 19 OWNER: OWNER: By ; gy : Michael . Riley. Denton L. imlball BY' . 1-- ; ~A By : ~ M na L. Riley Catherine imball [5ignature of OWNER must be notarized. Attach the appropriate acknowledgement.] BY ; BY : J rry cDonald Novene MacDonald s~-e+ ~ ~ s ~ ~ o ~ ~ ~►++H~+~ F y ~40. OFFIClAL SfAi 3 CA7HY-A. MOELLER T _ Notary Public-California 2~ p Q Prmeipal Office In 1 S ~ San Diego County • My Comm: Exp. Oct. 2, 1990 = + •~f~os~w~a~~~~+♦ ~at+~i ~ C This is to certify that the interest in real property conveyed by ' the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a political corporation and/or governmental agency is hereby accepted on behalf of its Board, pursuant to authority conferred by Resolution of said Board adopted on March 20, 1979, and Grantee consents to the recordation thereof by its duly authorized officer. ~ Dated : Q,v--~- , tf/my/cov2-116wp5 (9-27-89) . I 'Z Sewer Easement ~ NOTARY ACKNOWLEDGEMENT San DiegoTrust G Savings Bank ~ ~ INOIVIoUAL : STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO ~ On this lst day of October , in the year 1990 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jerr MacDonald personally known to me for proved to me on the basis of satisfactory evidencel to be the personfsl whose name(s) is/are subscribed to this instrument, and ac- knowledge that he (she/they) executed the same. • CJFFICIAL SEAL iV11CHEL~ JANAj w NOTARY PUBLIGCALiFOPRINClPAL OFFICE im SAN DIEGO CfJLJMY MyCammisabnEx~.APRIL29~ > Witness my hand~4offi' all ~ (for notary seaFor stamp) tary's Signature i I [ . . . / . c - ~ 221~~_. t3 / 7' LEGAL DESCRIPTION All that portion of Parcel 1 of Parcel Map 10526, in the City of Encinitas, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, October 2, 1980 as File No. 80-324031, described as follows: Beginning at the most Southeasterly corner of said Parcel 1; thence North- easterly along the East line of said Parcel 1, North 15°03'50" East a distance of 250.40 feet; thence Northwesterly along the North line of said Parcel 1, North 73°07'43" West a distance of 435.00 feet; thence leaving said North line South 15003'50" West a distance of 10.38 feet; thence North 73°07'43" West 143.79 feet to the West line of said Parcel 1; thence Southwesterly along said West line South 16°52'17" West, 40.00 feet; thence South 73007'43" East a distance of 550.04 feet; thence South 15003'50" West a distance of 200.00 feet to a point which bears North 73°07'43" West, 30.01 feet from the Point of Beginning; thence South 73°07'43" East a distance of 30.01 feet to the Point of Beginning. ~ 221~ ~ STATE QF CAL1FOFiNI~~ j sS. A -D" befbre me, the ur~ ersignetl, a Notary_ Public in ahd fors.ald State persqnqlly appeated ~'L' 0 _ I I r , . , . , . . . . . ~ ersd~i y kn[~wn ~o me orp~o,yecJ to me on th'e liasis of os) who,"se name(s) satisfactory evkjenGe)° to be the per~s_ n( l5Fftt-4l S~Al js/a~6 subsOnbetl fo the uvitHin i'n$trU~nent and aGknow,ledgeil ~ '(;A"{rNY ,A. MOEL~-I~ - ~to ~`ie'thaf E~e[she%th6y ex~cuted the same, ~ ~ 3 v ~ t~tary Pubit~ ptIntipal Office tlt ~ Satt RiOSo CQ~ntY WITNESS rp~ h~n~i and'o,fffcial seaL My ComrT?. `Exp. 4ct. ~.19~t1. ~ ~ ' ~ . . ` ~ M~a~...~~h~a~~sr'~~+~+~r~{~►~►1r" . S,ignature ` (This area for official notarial seal) SF a23 a (REV n -7te2), 7cA) (IN 4.~2 : _ ~'y, =r , , • ~ STATE OF CALIFORNIA }ss. a couNTV oF San Diego ~ o On October 4, 1990 before me, the undersigned, a Notary Public in and for U said State, personally appeared Catherine Kimball and Denton L. Kimball ~ ~ ~ U E Q t5 /pe,r-~y(~YfIiJEro/,,ri/q/rj(V(6vproved to me on the basis of satis- ~ ~p~~~~~ factory evidence) to be the person(s) whose name(s) i//are sub- Mi~/" ~1 ~..7N111111L~ scribed to the within instrument and acknowledged to me that ' 1001ARr P1~LIC-ftAl.~dq~M ~ /1~~5~4had e. 88NQIE60COIJ~Ilr IAt Ootnm. E~pky Oct, i.199~ N 00 WITNl sea. ~ 0 0 m Signa(This area#or off icial notarial seal) c ma z - ~ NOTARY ACKNOWLEDGEMEN San DiegoTrust & Savings Bank ~ INDIVIpUp STATE OF CALIFQRNIA SS. % COUNTY OF SAN DIEGO ~ On this day of 6669 , in the year before me, the ndersigned, a Notary Public in and for said Coun and State, personally appeared personally known to me (or`proved to me on the basis of satisfactory evidence) to be the person(s) whose name(sl is/are subscribed to this instrument, and ac- knowledge that he (she/they) executed the same. crlAf. sEA~ OFFICIAI SEAI s i~4 .'~+i~~ ZA~~~ LYNN la~dN Z RO 0,r~~v aueuc • cnua. ~ NOTARY PU9lIC • CA If. OPFIC£ IN PFlINCIPAL O~FICE I e~,l"a~6 S:• 1~.`1 LaiECt4 COUNSY ~ m SAN OIEGO COUNT kx~ires Jan 10, 1992 MY Commission Ezpiros J:a 1.1992 Q my hnd and offQ ffor notery seal or stampl ' ~ otarys Sigat e 2214 ~ ~ ~ ~ ~ ~ d D 4 Q tO S~pL~ ` 6~ vvz / / . ~ ~ ~ 1 ~ i . ~ er ,.a~,.~•-y f -g "J . . - 3~~_ .