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1987-325451e f WY -N RECORDED, PLEASE MAIL t T,; S INSTRUMENT TO: or Clerk, Board of Supervisors San Diego County Administration Center 1600 Pacific Highway San Diego, California 92101 RECORDED REQUEST OF DEPT. GENERAL SERVICES NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDERS USE OltrL'YF Easement SEWER LINES AND APPURTENANCES 87, 32.5451 aFi:rzaL F,cj.ir{ra;s — U= $AN iill -Cip CGUII l't.l;A.� 1987 JUN I I Phi z: G 0 VERA P.O t_. LIt 0-1 E lk I Y ft:Udiid Assessor's Parcel COVER SEWER No, 259 - 231 -25 Project W. O. No. TE5289 Parcel No. 86- 0395 -A, B Log No._ 187 -05 COVER BROTHERS DEVELOPMENT CO., a general partnership hereinafter designated GrantorM, ownerN of the hereinafter described lands, for a valuable consideration, do (es) here- by GRANT and CONVEY to CARDIFF SANITATION DISTRICT L___• iierein aestgnateo Urantee, 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. 86- 0395 -A (8- 28 -86) (ENG:MDT:po) A strip of land 15.00 feet wide, lying within that portion of Lot 27 AND those portions of the Westerly Half of "C" Street and the Southerly half of 6th Street, vacated and closed to public use, all of the Subdivision of RANCHO LAS ENCINITAS, in the County of San Diego, State of California, according to P1ap thereof No. 848, filed in the Office of the County Recorder of said County on June 27, 1898, included in that land described in deed to Cover Brothers Development Co., on September 19, 1985 at File /Page No. 85- 346223 in said Recorder's Office, lying 7.50 feet on each side of the following described centerline: Commencing at the Northeasterly corner of said Cover Brothers' land; thence South 16 °08'21" West, along the Southeasterly line thereof, 15.61 feet to the TRUE POINT OF BEGINNING; thence leaving said Southeasterly line, North 72 °40'56" I -Jest, 15.00 feet to a line that is 15.00 feet Northwesterly of and parallel with the Southeasterly line of said Cover Brothers' land; thence South 16 °08'21" West, along said parallel line, 347.12 feet to a line that is 10.00 feet Northeasterly of and parallel with the Southwesterly line of said land; thence North 71 °35'43 "Wes along said parallel line, 272':40 feet; thence leaving said parallel line, North 48 °14'58" West, CCSF, 85.29, 5/77 m _... _ -_. ,,_ _. rr 7 ANW FA 1 Parcel *No. 86- 0395 -R (Cont.) 01 697 104.87 feet to the Northwesterly line of said Cover Brothers' land at a point that is distant thereon North 16 000'11" East, 51.60 feet from the Southwesterly corner thereof, said point being the POINT OF TERMINUS., Parcel No. 86- 0395 -B (8- 26 -86) (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. 86- 0395 -A. Said Temporary Construction Easement shall include the right and privilege 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 Cover Brothers' land lying within a 10.00 foot wide strip of land that is contiguous with said hereinabove described Parcel No..86- 0395 -A on the Northwesterly and Northeasterly sides. 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 August 1, 1987. C' 668 "i-hd Ghnwr 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. Executed this day of COVER BROTHERS DEVELOPMENT CO a general — partnership By: STATE OF County of and State, personally appeared known to me to be the pe instrument, and acknowledged Witness my hand and Notary Public in and for said County and State SS. before me, the undersigned, a Notary Public in and for said County lose name subscrineo to ine wiunn executed the same. .This is to certify that the interest in real property conveyed by the foregoing deed or grant to the r CARDIFF SANITATION DISTRICT r 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 MAR 2 0 1979 and the Grantee consents to the recordation thereof by its duly authorized officer. Dated FRANK C. DEMLING, D ty Diroctpr Real Property Management Division Department of General services CCSF, 85.29, 5177 (Acknowledgment of Partnership) STAE O FF COUNTY W i On �iQ- �'�y�6 before me, the undersigned, a Notary Public in and for said State, personaT� appeare w «�-� Phan �- �� �, -X-R— and proved to me on the basis of satisfactory evidence to be of the partnership that executed the wi in instrument, an ac now edged to me that such partnership executed the same. WITNESS my hand and official seal. prat 1 MYRNA M PFR{:ON ���� ioa� ` s NOTARY PUBLIC CALIFORNIA r r Signature � ITT DIEGO COUNTY comm. expires OCT 3, 1986 350.73 No, El Camino Real, Encinitas, CA 92024 Name (Typed or Printed (This area for official notarial seal)