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1983-478637WHiaa, RECORDED, PLEASE MAIL INSTRUMENT TO: .. 14*1 v 83-478637 RECORDEII IN Clerk, Board of Supervisors Ot F lCI L I,ECORC San Diego County Administration Center AF Stud 4i-3O COUNTY. Cl, 1600 Pacific Highway 1983 DEC 30 Fill 12; 10 San Diego, California 92101 RECORDED REQUEST OF �VERA L, LYLE DEPT. GENERAL SERVICES COUNTY RECORDER F�� NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDERS USE ONLY Easement SEWER LINES AND APPURTENANCES Project TM4328 Assessor's Parcel Pro jTE5O41 No. 262- 073 - 9,10,11 W. 0. No. Parcel No. 83- 0397 -A Log No. 909 -5 MCKELLAR DEVELOPMENT CORP. hereinafter designated Grantor(O, owner(4 of the hereinafter described lands, for a valuable consideration, do (es) 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. 83- 0397 -A (11- 16- 83)(LT:LT:lm) F Those portions of Parcels 1, 2, and 3, TOGETHER with all rights and priveleges thereto of Parcel Map No. 11245, in the County of San Diego, State of California; said Parcel Map No.11245 being filed in the Office of the Recorder of said County April 30, 1981 described in Parcels 1, 2 & 3 of deed to McKellar Development Corporation recorded May 5, 1983 as File /Page No. 83- 120926 in said Recorder's Office. GRANTOR does not convey and County does not assume any responsibility or liability as to that portion of said document at File /Page No. 83- 120926 shown as "AGREEMENT" between McKellar Development Corporation and Raymond V. Johnson, et ux. CCSF, 85.29, 5/77 1 , , '1414 lie 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. Executed this 6th re STATE OF ''County of 6n and State, personally appeared day of DECEMBER ,19-83 MCKELLAR DEVELOPMENT CORP.' By: I! W.F. tL , Vice esident �Y CHRISTOPHER S., MCKEI LAR Assistant @G' 1 SS. , 19 —, before me, the undersigned, a Notary Public in and for said County known to me to be the person whose name subscribed to the within instrument, and acknowledged that executed the same. r Witness my hand and official seal. r, t — .Notary Public in and for said County and State This is to certify that the interest in real ON r co eyed by the foregoing deed or grant to CARDIFF 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 Vn,4RC H aO, 1777 and the Grantee consents to the recordation thereof by its duly authorized officer. Dated 2,_- FRANK C. DEMLING, Chief Real Property Management Division Department of General Services STATE OF 8gLJrd9tQ1,9 ) SS. County of rft) n1�566 ) On bezo -M / , before me, the undersigned Notary Public in and for said County and State, p rsonally appeared 0) proved to me on the basis of satisfactory evidence to be the V/GE President and 61#- ?1T7ZrP#y c, _ proved to me on the basis of satisfactory evidence to be the Rg,, T" Secretary Treasurer), respectively, of the Corporation that executed the within instrument and acknowledged to me that such Corporation executed the within instrument pursuant to its by -laws or a resolution of • its Board of Directors. + �° d' 4Y.^ �i" L' Sd6" r�M1F1 "a"s'�.515.11'.i'�SLrS'ti °!�,5 WITNESS my hand and officio eal. OFFICIAL SEAL M; BEVERLY A. tAUPIPHY as ' NOTARY PUBLIC • CALIFORNIA Signature T�' ." PRINCIPAL OFFICE IN SAN UIGCO COUNTY ma My Commission Expiros Js:iva y 21, 1987 Name Typed' or Printed �'`�''�' ~'��'titi''��