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2006-432425 813 DCC # 2006-0432425 . . '?' Recording Requested by: ) JUN 19, 2006 2:19 PM Leucadia Wastewater District ) OFFICIAL RECORDS (� SAN DIEGO COUNTY RECORDER'S OFFICE V�� ) GREGORYJ SMITH.000NTYRECORDER When Recorded, Mail to ) FEES: 10.00 Leucadia Wastewater District ) ) PaGDS NS 1960 La Costa Avenue ) Iluill Hill Hill Hill IN Hill Hill Hill Hill Bill IN Hill Bill Hill uI101 Carlsbad, CA 92009 ) 2006-0432425 For the benefit of the District ) SPACE ABOVE FOR RECORDER'S USE ONLY SEWER EASEMENT Assessor's Parcel 457 Project 3252-655 No. 256-151-28 Brian O'Connor, hereinafter designated Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, does hereby GRANT and CONVEY to the Leucadia Wastewater 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 structures incidental thereto, together with the perpetual right to remove buildings, fences, 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, along with the right of ingress and egress for all such purposes. 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. 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 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 and the entire area encumbered by the sewer easement shall be graded flat and unobstructed at all times,unless authorized by the Grantee in writing. Exdusive Eas m t Pegs I 8138 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, 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 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 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. f� Executed this f y day of ' 19 OWNER: By: By: C (Signature of OWNER must be notarized. Attach the appropriate acknowledgment) This is to certify that the interest in real property conveyed by the foregoing deed or grant to the LEUCADIA WASTEWATER DISTRICT a poZeneralgol- Leucadia and/or governmental agency is hereby accepted on behalf of its Board. 6/15/06 Dated:- Wastewater District Exclusive Easement Page 2 8139 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '�iCr•G�'70�•4�'•CC•Cr•.4C4`�'.C:P.C!)C:<'.CCS�;S'GCCCCf'.C<SC:i'$SDC„�-i SGP.C:(`GC4`�'�. '•G'�'+G�'.C1C.4'C.CfSGG+L`C'.d�'•G�',G'�'M•!'i .•C`�•P'�'. State of California cc F- CMG 1 ss. County of . 4 'Y . 1 1 C) J �. On (Cl 9 before me, k• IC r personally appeared zG�M r) l r*3 nnN/ NNWS)a ft $rproved to me on the basis of satisfactory evidence to be the person( whose name;il p(e q subscribed to thtwithin ,i,n�s�t,r,udm�ent and acknowledged to me a r°"fit executed MELADIE L CHRYSLER the same in hi /th�lr ,,a�uthorized SS Comrialon•1526912 capacity(ie6j, an that by /hio� ttfoir C Not°ry PU Me-CdMnV� signature(( on the instrument the rson•(6),or San obw * t the entity upon behalf of which the pe//son(? NyConntEetrlovla acted, executed the instrument. W/IT�N,EnSS, my hand and\official seal. eNoWy( OPTIONAL Though the Udomation below is not required bylaw.it mayprove valuable to persons retying on Ne d=menl and oould pramt haudulent removal and mnadunow of tMa form to atrodw document Description of Attached Document / Title or Type of Document: Sn( AADe V 0 D G n Document Date: &L-A Number of Pages: :hllQ_ Signer(s)Other Than Named Above: A D f/�`iLV ge/y Capaclty(ies)Claimed by Signer Signer's Name: ❑ Individual Too of rwnb here ❑ Corporate Officer—TRIe(s): 0 Partner—❑Limited ❑General O Attorney-in-Fact p Trustee ❑ Guardian or Conservator 2 ❑ Other: 5 �[f Signer Is Representing: t, •cr6�C ,c4,e��' 0 IM ammo NO"Aw=WWn•9M MSao hm..PO.Ba 2402•C4Mw ,u et]t�•w+wXMM NQUNCe Pmd W.%W asatlr.Cd To"n 1aDDa764W 8140 EXHIBIT "A" LEGAL DESCRIPTION THE SOUTHERLY 10.00 FEET OF THE WESTERLY 30.00 FEET OF LOT 5, IN BLOCK 3, OF AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 29, 1924. CONTAINS 300 SQUARE FEET, MORE OR LESS. SAO LAND SVR G�pT L. v�•� Rio �? No.7655 t Exp.12/31/00 Of CALIEdR r IAHE LIi EXHIBIT lEN6DT U l�SY'.10E' SEWER EASEMENT ` RQ)±9i1D'F 1!102' lJ Jd00' QD LAND Sr, L. S RAF NO3i9'Ln"E 101' 4�pI O No.7555 * Exp 12/31/06 ,k 1"=40' °Fc 0 20 40 80 I \ N 8931'30'E 19264' ¢ rn DA TA Z � z �s x 10' NDE 2W _T GRANTED CADVI �Li WASTEWATER DISTRICT HEREON 4 \ — N 8931'30 f 34861 10.00' CZ7NVG 10' WDE SETTER EASEMENT GRANTLD 70LEUCAOIA WASTEWATER AS�O D?OE� 08R� �.R. NOTE •-o ` SAMPO ENGINEERING, INC. 80UNDARY 1AFORMARGw CAL MATED mom MAP N0. 1791. 1Q_• %{8-M rAr(%off A6-assn aooru+arz at ioe IAHE LIi ffAI�C lEN6DT U l�SY'.10E' .)ilQO' L2 RQ)±9i1D'F 1!102' lJ Jd00' L{ NO3i9'Ln"E 101' OD F+ Fr