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1990-261544 ',' . J~. " ' ~8 (ì~\_r' """,-,1 . ,-, ~, ~ '- J "". . ? r~ If' ~ 4 [, <.. l) /1 .; , 'i' r-- ; ,- . 994 When Recorded, Mail to: District Engineer Cardiff Sanitation District 527 Encinitas Boulevard Encinitas, CA 92024 For the benefit of the District ) ) ) ) ) ) NO FEE ) ~ SPACE ABOVE FOR RECORDERS'S USE@ ONLY 90 f'íA Y I 4 Art 8: ¡ j Recording Requested by: Cardiff Sanitation District -, SEWER EASEMENT Assessor's Parcel No. 264-020-06.07,08,&10 Project W.O. No. Log No. TM 4400 9050J 405 BARRATT AMERICAN INCORPORATED, a Delaware Corporation hereinafter designate Grantor (~), owner (§) of the hereinafter described lands, for a valuable consideration, do(es) 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 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. To have and to hold said easement and right-of way unto itself and unto its successors and assigns forever, together with the right tf/my/cov2-116wp5 (9-27-89) to convey said ea!!ent, or any po~:n of sat 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 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. 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 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 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. tfj02/cov2-116wp5 (11-13-89/1) Q) :;:; .i= c ro u .¡: Q) E « ~ - ro ~ 0- iL E -0 go .- Q) ê\i u ~ c 0 ro 0- ~ ~ OJ 0 <J) ~~ . w Executed this 19th day of April , 19 90 By: OS H E. TRACY SENIOR VICE PRESIDENT I I STATE OF CALIFORNIA Iss, COUNTY OF . SMLDI~u 1 On --- n APRIL.~SL -~. . -----, before me, the undersigned, a Notary Public in and for said State, personally appeared _-----LQSEPH F: .1Rb.j::Y ----- and * * * .--, personally known to me (or proved to me on the )propriate -.. ----- basis of satisfactory evidence) to be the persons who executed the within instrument as_u ~r:NJOR VJJ;..E____President and__~ . *Secretary, on behalf of___- BARRATT AMERT~AN TN~ORPORAT~n the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its My Comm Exp. Mar. 31, 1992 by-laws or a resolution of its board of directors. OFFICIAL SEAL PATRICIA L. BEVIL Notary Public-California SAN DiEGO COUNTY N co ~- N 0 0 C") WITNESS my hand and official seal. / / (This area for official notarial seal) Signature C PATRICIA L. BEVIL This is to certify that the interest in real property conveyed by the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a poli tical 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: ~c; W"'^^-'- +\ ~ (J....;\-, ~~r. ~ l q, 'to tf/my/cov2-116wp5 (9-27-89) . 997 ~ised July 21, 1989 W.O. 6-8012.000 LEGAL DESCRIPTION EXHIBIT IIAII The strips of land as described herein are portions of Lots 1 thru 4 of Parcel Map 9156 in the City of Encinitas, County of San Diego, State of California as per map recorded September 20, 1979 i n book of parce 1 map at page 9156 as File No. 79-394359 in the office of the County Recorder of said County. Said strips being more particularly described as follows: PARCEL 1 A strip of land 40.00 feet wide; the centerline of which is described as f 011 ows : Commencing at the southwest corner of Parcel 3 of said Parcel Map No. 9156; thence along the westerly line of said Parcel 3 NORTH 00°19'3711 WEST, 7.86 feet to the Point of Beginning; thence NORTH 59°03'46" EAST, 316.64 feet to the beginning of a tangent 1200.00 foot radius curve concave northwesterly; thence northeasterly along the arc of said curve through a central angle of 27°42'21", a distance of 580.27 feet to the beginning of a reversing 1200.00 foot radius curve concave southeasterly; thence northeasterly along the arc of said reverse curve through a central angle of 00°2615511, a distance of 9.40 feet to a point hereinafter known as Point "AII; thence continuing northeasterly along said curve through a central angle of 31°3211111, a distance of 660.49 feet to the beginning of a reversing 300.00 foot radius curve concave northwesterly; thence northeasterly along the arc of said reverse curve through a central angle of 44°02'4511, a distance of 230.62 feet to the beginning of a reversing 300.00 foot radius curve concave southerly; thence northeasterly along the arc of said reverse curve through a central angle of 24°4114411, a distance of 129.31 feet to a point hereinafter known an Point IIBII; thence continuing northeasterly along said curve through a central angle of 31°53'1311, a distance of 166.96 feet to a point hereinafter known as Point IICII; thence continuing easterly and southeasterly along said curve through a central angle of 54°51'3311, a distance of 287.24 feet; thence SOUTH 49°15'44" EAST, 234.00 feet to a point hereinafter known as Point liD"; thence continuing SOUTH 49°15'44" EAST, 112.00 feet to the beginning of a tangent 1200.00 foot radius curve concave northeasterly; thence southeasterly along the arc of said curve through a central angle of 13°1213011, a distance of 276.63 feet to a point hereinafter known as Point liE"; thence con- tinuing southeasterly along said curve through a central angle of 08°58'0011, a distance of 187.80 feet to a point hereinafter known as Point IIFII; said point also being the beginning of a reversing 300.00 foot radius curve concave south- westerly; thence southeasterly and southerly along the arc of said curve through a central angle of 73°19'30", a distance of 383.93 feet to a point hereinafter known as Point "G"; thence SOUTH 01°53'16" WEST, 219.79 feet to a point hereinafter known as Point "H"; thence continuing SOUTH 01°53'1611 WEST, 152.16 feet to the beginning of a tangent 2000.00 foot radius curve concave easterly; thence southerly along the arc of said curve through a central angle of 05°43'35", a distance of 199.88 feet more or less to a point on the south line of Parcel 4 of said Parcel Map No. 9156, distant thereon SOUTH 89°35'2411 WEST, 20.03 feet from the southeast corner of said Parcel 4. Page 2 July 21, 1989 W.O. 6-8012.000 LEGAL DESCRIPTION ,EXHIBIT "A" . 998 . The sidelines of said 40.00 foot strip to be extended or shortened to intersect the westerly and southerly line of said Parcel 3 and the southerly line of said Parcel 4 of Parcel Map 9156. TOGETHER WITH: PARCEL 2 A strip of land 40.00 feet wide; the centerline of which is described as follows: Beginning at the aforementioned Point "H", thence NORTH 88°06144" WEST, 197.00 feet to the beginning of a tangent 900.00 foot radius curve concave southerly; thence westerly along the arc of said curve through a central angle of 19°32114", a distance of 306.89 feet to the beginning of a reversing 900.00 foot radius curve concave northerly; thence westerly along the arc of said curve through a central angle of 09°19157", a aistance of 146.59 feet to a point hereinafter known as Point lip; thence continuing along the arc of said 900.00 foot radius curve 10.00 feet through a central angle of 0°38'12" to the terminus of said centerline. The sidelines of said 40.00 foot strip to be extended or shortened to intersect the westerly sideline of said Parcell and a radial line from said point of ter- minus which bears NORTH 07°40149" WEST. TOGETHER WITH: PARCEL 3 A strip of land 40.00 feet wide; the centerl ine of which is described as follows: Beginning at the aforementioned Point "C", said point being on the arc of a 500.00 foot radius curve concave easterly, a radial line to said point bears SOUTH 86°48127" WEST; thence northerly along the arc of said curve through a central angle of 09°28147", a distance of 82.73 feet; thence NORTH 06°17114" EAST, 390.76 feet to the beginning of a tangent 500.00 foot radius curve concave southwesterly; thence northerly along the arc of said curve through a central angle of 30°16145" a distance of 264.24 feet to a point hereinafter known as Point IIJII; thence continuing northerly and northwesterly along the arc of said curve through a central angle of 30°03119", a distance of 262.28 feet to a point hereinafter known as Point "K"; thence continuing along the arc of said 500.00 foot radius curve 29.80 feet through a central angle of 03°24153" to the point of terminus of said centerline. The sidelines of said 40.00 foot strip to be extended or shortened to intersect the northerly sideline of said Parcell and a radial line from said point of terminus which bears NORTH 32°3211~" EAST. TOGETHER WITH: Page 3 . July 21, 1989 W.O. 6-8012.000 LEGAL DESCRIPTION . EXHIBIT "A" . 999 PARCEL 4 A strip of land 40.00 feet wide; the centerline of which is described as follows: Beginning at the aforementioned Point "J"; thence NORTH 63°43146" EAST, 159.78 feet to the beginning of a tangent 900.00 foot radius curve concave southerly; thence easterly along the arc of said curve through a central angle of 17°53114", a di stance of 280.97 feet; thence NORTH 81°37100" EAST, 256.28 feet to the beginning of a tangent 40.00 foot radius curve concave southwesterly; thence easterly and southeasterly along the arc of said curve through a central angle of 89°46100", a distance of 62.67 feet; thence SOUTH 08137100" EAST, 470.71 feet to the beginning of a tangent 500.00 foot radius curve concave northwesterly; thence southwesterly along the arc of said curve through a central angle of 52°00'00", a distance of 453.79 feet; thence SOUTH 43°23100" WEST, 302.02 feet to the aforementioned Point "0". The sidelines of said 40.00 foot strip to be extended or shortened to intersect the easterly sideline of said Parcel 3 and the northerly sideline of said Parcel 1. TOGETHER WITH: PARCEL 5 A strip of land 20.00 feet wide; lying 5.00 feet westerly and northerly and 15.00 feet easte~ly and southerly of the following described line: Beginning at the aforementioned Point "1"; thence NORTH 0001710P WEST, 50.34 feet; thence NORTH 24°50'00" EAST, 200.00 feet; NORTH 62°0810011 EAST, 200.00 feet; thence NORTH 83°02100" EAST, 200.00 feet; thence SOUTH 72°03100" EAST, 200.00 feet to the aforementioned Point "G". The sidelines of said 20.00 foot strip to be extended or shortened to intersect the northerly sideline of said Parcel 2 and the westerly sideline of said Parcel 1. TOGETHER WITH: PARCEL 6 A strip of land 30.00 feet wide; lying 7.50 feet westerly and 22.50 feet easterly of the following described line: Beginning at the aforementioned Point "F"; thence NORTH 29°20122" EAST, 368.95 feet; thence NORTH 19°15136" EAST, 168.15 feet; thence NORTH 00°56135" WEST, 47.36 feet to a point of terminus. , The westerly sideline of said Parcel 6 to terminate at a point which bears SOUTH 89°03125" WEST 7.50 feet from said point of terminus and the northerly sideline of said Parcell; the easterly sideline of said Parcel 6 to be extended or shortened to intersect the northerly sideline of said Parcell and to intersect in a line that bears SOUTH 83°03125" west through the point of terminus. TOGETHER WITH: Page 4 . July 21, 1989 W.O. 6-8012.000 ,LEGAL DESCRIPTION EXHIBIT "A" 1000 . PARCEL 7 A strip of land 20.00 feet wide; lying 5.00 feet southerly and easterly and 15.00 feet northerly and westerly of the following described line: Beginning at the aforementioned Point IIE", said point being on the arc of a 200.00 foot radius curve concave northwesterly, a radial line to said point bears SOUTH 60°11102" EAST; thence southwesterly along the arc of said curve through a central angle of 41°48115", a distance of 145.92 feet; thence SOUTH 71°37113" WEST, 321.24 feet to the beginning of a non-tangent 280.00 foot radius curve concave northerly, a radial line to said point bears SOUTH 40°41129" EAST; thence westerly and northwesterly along the arc of said curve through a central angle of 73°15124", a distance of 358.00 feet; thence NORTH 38°04100" WEST, 38.00 feet to the beginning of a tangent 200 00 foot radius curve concave south- westerly; thence northwesterly along the arc of said curve through a central angle of 31°34100", a distance of 110.19 feet; thence SOUTH 12°0010011 WEST, 200.00 feet; thence SOUTH 68°09100" WEST, 150.00 feet; thence SOUTH 38°0110011 WEST, 200.00 feet; thence NORTH 87°5710011 WEST, 278.29 feet; thence NORTH 43°5215311 WEST, 227.29 feet to the aforementioned Point IIAII. The sidelines of said parcel to be extended or shortened to intersect the southeasterly and southwesterly sidelines of said Parcell. TOGETHER WITH: PARCEL 8 A strip of land 20.00 feet wide; lying 5.00 feet westerly and northerly and 15.00 feet easterly and southerly of the following described line: Beginning at the aforementioned Point "BII; thence NORTH 43°0414711 WEST, 172.12 feet; thence NORTH 04°4114P EAST 248.00 feet; thence NORTH 12°1510011 WEST, 480.00 feet; thence NORTH 22°32'00" EAST, 120.00 feet; thence NORTH 66°1810011 EAST, 150.00 feet to the aforementioned Point "KII The sidelines of said parcel to be extended or shortened to intersect westerly sideline of said Parcel 3 and the northerly sideline of said Parcell. As shown on Exhibit IIBII attached hereto and made a part hereof. 0079/ej/LGLJY2-2.3 . 1001 . August 28, 1989 W.O. 6-8012 PARCEL 9 Beginning at the aforementioned Point "1"; thence NORTH 00°17'01" WEST, 20.20 feet to a point on the arc of a 880.00 foot radius curve concave northerly, a radial line to said point bears SOUTH 08°30103" EAST; thence westerly along the arc of said curve through a central angle of 11°21125" a distance of 174.43 feet to the beginning of a compound 20.00 foot radius curve concave northeasterly a radial to said point bears SOUTH 02°51122" WEST; thence northwesterly along the arc of said 20.00 radius curve through a central angle of 55°46146" a distance of 19.47 feet to the beginning of a reversing 48.00 foot radius curve concave easterly, a radial line to said point bears SOUTH 58°38108" WEST; thence westerly, southerly, and easterly along the arc of said curve through a central angle of 287°53150", a distant of 241.19 feet to the beginning of a reversing 20.00 foot radius curve concave southeasterly, a radial line to said point bears NORTH 49°15142" WEST; thence northeasterly along the arc of said curve through a central angle of 52°16125", a distance of 18.25 feet to the beginning of a com- pound 920.00 foot radius curve concave northerly, a radial line to said point bears SOUTH 03°00143" WEST; thence easterly along the arc of said curve through a central angle of 11°19144", a distant of 181.91 feet; thence radially to said point NORTH 08°19101" WEST, 20.00 feet to the POINT OF BEGINNING. 0O81/ej/LGLDR1 °, . . August 28, 1989 W.O. 6-8012 1002 PARCEL 10 Beginning at the aforementioned Point IIKII; thence NORTH 35°5710911 EAST, 20.00 feet to a point in the arc of a 520.00 foot radius curve concave southwesterly; thence northwesterly along the arc of said curve through a central angle of 03°2415311, a distance of 30.99 feet; thence tangent to said curve NORTH 57°2714411 WEST, 169.87 feet to the beginning of a 20.00 foot radius curve con- cave northeasterly; thence northwesterly along the arc of said curve through a central angle of 53°58105", a distance of 18.84 feet to the beginning of a reversing 48.00 foot radius curve concave southeasterly, a radial line to said point bears SOUTH 86°3012111 WEST; thence northwesterly, southwesterly and northeasterly along the arc of said curve through a central angle of 287°5611011, a distance of 241.22 feet to the beginning of a reversing 20.00 foot radius curve concave southerly, a radial line to said point bears NORTH 21°2514911 WEST; thence easterly along the arc of said curve through a central angle of 53°5810511, a distance of 18.84 feet; thence tangent to said curve SOUTH 57°2714411 EAST, 169.87 feet to the beginning of a 480.00 foot radius curve con- cave southwesterly; thence southeasterly along the arc of said curve through a central angle of 03°2415311, a distance of 28.61 feet; thence radially NORTH 35°57109" EAST, 20.00 feet to the POINT OF BEGINNING. 0081/ej/LGLDR2