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1987-221931WHEN RECORDED, PLEASE MAIL 880 THIS INSTRUMENT TO: iREC Clerk, Board of Supervisors S D' C Ad C 1VED r 1 0 _- 87, 22 193 f)t f fPj,��f�jil"IsGil ~ U' Swff Z IF,G jdi ¢ Cfl 1N 11:0A. an iego ounty ministration enter PM 1987 APR 23 1600 Pacific Highway 2: 25 San Diego, California 92101 Vi:i ?q Lpi F RECORDED REQUEST OF COON 1 Y L. Lq I DEPT. GENERAL SERVICES h10 FEE NO TRANSFER TAX DUE Assessor's Parcel No. 259 - 221 -70 SPACE ABOVE FOR RECORDERS USE ONLY Ease rimer t SEWER LINES AND APPURTENANCES Project TPM18494 /DUVIVIER SWR W. O. No. Parcel No. - - , B Log No. zZZ-ue CHARLES G. DUVIVIER and KATHRYN S. DUVIVIER husband and wife hereinafter designated Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do QeGj here- by GRANT and CONVEY to 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 recon- struction 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 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 main- tenance 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. 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: Parcel No. 87- 0134 -A (03- 25 -87) (ENG:MDT:po) The Southerly 279.89 feet of the Westerly 15.00 feet of the Easterly 156.00 feet of Block 26 of COLONY OF OLIVENHAIN, in the County of San Diego, State of California, according to Map thereof No. 326, filed in the Office of the County Recorder of said County. Parcel No. 87- 0134 -B (03- 25 -87) (ENG:MDT:po) A TEMPORARY CONSTRUCTION EASEMENT. Said Easement shall include, but not be limited to, the right and privilege of workmen, contractors, and any and all agents employed by the Grantee herein, to use and occupy said Temporary Easement for the purpose of constructing a pipeline,- and any and all appurtenances incidental thereto, within said Parcel No. 87- 0134 -A. Said Temporary Construction Easement shall include the right and privilege CCSF, 85,29, 5/77 W.... Parcel No. 87- 0134 -B (Cont.) to place and operate any and all machinery on said Easement which the Grantee, or any agent or contractor employed by said Grantee, deems necessary for the construction of said pipeline. Said Temporary Construction Easement being that portion of said Block 26 lying within a 10.00 foot wide strip of land that is contiguous with the Easterly and Northerly lines of said hereinabove described Parcel No. 87- 0134 -A. Said Temporary Construction Easement shall be in effect for a period of six (6) months, commencing at the start of construction but in any event shall terminate on January 1, 1988. 882 The Grantor may, at his own risk, use the surface of the above described real property in a manner that will not inter- fere with or be detrimental to the use of said easement and right -of -way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantor hereby covenants and agrees for himself, his 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 building or structure of any nature or kind that will interfere with the use of said easement and right -of -way by Grantee, its successors 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 Grantor, his successors or assigns, from crossing over said real property and agrees that the Grantor, his 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 it 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 excava- tion as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete sur- face with like material and will replace any fence removed by it. r Executed this day of 1917 CH DUVI KATHRYN S DUVIVIER STATE OF CALIFORNIA County of San Diego ss. On April 13, 1987 19_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Charles G DuVivier and Kathryn S. DuVi v; er known to me to be the person —whose name s subscribed to the within instrument, and acknowledged that they executed the same. Witness my hand and official seal. ; +• +•+ OFFICIALSEAL Karen Ann Kelley L NOTARY PUSLIC•CALIFORNIA tRINCI PAL OFFICE IN • Notary Public in and for said County and S e f SAN pima A t. 3. My Commission Expires AuE: � I99a 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 the Grantee consents to the recordation thereof by its duly authorized officer. Dated �— a.0, III Sr7 FRANK C. DEMLIN eputy Director Real Property Management Division Department of General Services CCSF, 85.29, 5/77 r VF r ,