1990-261544
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994
When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas, CA 92024
For the benefit of the District
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~ 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.
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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
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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:
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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
°,
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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