1994-402432
~
.
. ,-~= '---"'-"'~
~C n lYY4-U~U¿4j¿
70
? (~- ,-~ ; ¡ H -- 1 ç 9 ù
w '~,;' i~~~"
When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the District
)
)
)
)
)
)
)
)
) SPACE ABOVE FOR RECORDERS'S USE
ONLY
,-
Recording Requested by:
Cardiff Sanitation District
SEWER EASEMENT
Assessor's Parcel
No. 264-151-15
Project
w.O. No.
TM 88-038
3035FM
Baywood Builders, Inc., a California Corporation
hereinafter designated Grantor (s:), 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 exclusive 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, fences, 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 to
convey said easement, or any portion of said easement, to other
public agencies.
tf/04/cov2-251wp5 (3-18-91/1)
.
,
,
71
The real property referred to herein and made subj ect to said
easement and right-of-way by this grant is situated int he County
of San Diego, State of California, and is particularly described
as follows:
See Exhibit "A" attached hereto and made a part 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 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 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 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 Grantors, their successors or
assigns, from crossing over said real property and agrees that the
Grantors, their heirs, successors and assigns, may enj oy the
continued use of the surface of said real property herein
described, subject tot he 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 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.
TFj03jCR06-388wp5 (11-28-89-1)
r..
f
...
, I
,
Executed this
.Ii ,l
./
day of
[Signature of OWNER must be
acknowledgement. ],
,
72
,j, ",ç'
, 19!..tL.
OWNER:
B ç '..
y: c, ,;j \: '" "------:---.,,.-:-"--
By: Md(~~_~lIe: V;;:;¿:Z:idef\t
Thomas, AI /en, Pres'\deYl+
&~VJccd -'Bu',ldevS) In£:: ,
notarized. Attach the appropriate
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 Grantee
consents to the recordation thereof by its duly authorized officer.
..
Dated:
vii! 11
, /
tf/04/cov2-251wp5 (3-18-91/1)
~
District Manager
nitation District
8
8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
73
State of
California
i
\ County of San Dieqo
¡
I
I On 6/3/94 before me,
DATE
}
Janet Luz, Notary Public
NAME, TITLE OF OFFICER - E,G" "JANE DOE, NOTARY PUBLIC"
personally appeared
THOMAS J. ALLEN & MARLENE A. ALLEN
NAME(S) OF SIGNER(S)
5a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
OFFICIAL SEAL
JANET LUZ
HatelY P\dC..CalforrVo
SAN DIEGO C()UN1V
MY QaINfJIII DI'I --
\7. 1995
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
No, 5193
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
0 INDIVIDUAL
ŒI CORPORATE OFFICER(S)
president/¥~~~-
TITLE(S) 1dent
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
WITNESSrny hand and Qfficial seal.
/
V (;.: ./if . ,;{'/-,'
... / SIGNAt6RE OF ~ARY
/ / I OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT SEWER EASEMENT
NUMBER OF PAGES 6 DATE OF DOCUMENT 6/3/94
SIGNER(S) OTHER THAN NAMED ABOVE District Manager/Cardiff, , ,
San1 tatlonD.L:;j LL .LCe-
@1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave" P,O, Box 7184' Canoga Park, CA 91309-7184
,
.cardiff sewer .fII!Þon-si te
.-
74
EXHIBIT "A"
A PORTION OF THAT LAND DESCRIBED IN A GRANT DEED TO BA YWOOD
BUILDERS, A CALIFORNIA CORPORATION, RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTERMBER 3, 1986 AS
DOCUMENT NO. 86-384687 OF OFFICIAL RECORDS, LYING WITHIN LOT 18
OF RANCHO LAS ENCINITAS ACCORDING TO MAP THEREOF NO. 848 FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 27,
1898 I' WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF "C" STREET
AND "13TH" STREET ACCORDING TO MAP THEREOF NO. 326 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 8, 1885,
WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA; THENCE SOUTH 14° 45' 59" WEST ALONG THE SOUTHERLY
PROLONGATION OF SAID CENTERLINE OF "C" STREET 30.04 FEET TO A
POINT WHICH LIES IN THE SOUTHERLY SIDELINE OF SAID "13TH" STREET
AS ESTABLISHED BY VACATION BY ACTION OF THE ENCINITAS CITY COUN-
CIL PER RESOLUTION NO. 88-82 RECORDED FEBRUARY 17, 1989 AS DOCU-
MENT NO. 89-084894 OF OFFICIAL RECORDS; THENCE SOUTH 72° 16'54"
EAST ALONG SAID SOUTHERLY SIDELINE 40.05 FEET TO THE INTERSECTION
OF SAID SIDELINE WITH THE EASTERLY SIDELINE OF SAID "C" STREET;
THENCE NORTH 14° 45' 59" EAST ALONG SAID EASTERLY SIDELINE 31.77
FEET TO THE INTERSECTION OF SAID SIDELINE WITH THE WESTERLY
TERMINUS OF A 410.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, HAVING
A RADIAL BEARING OF NORTH 1° 01' 08 II WEST, BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY SIDELINE OF "C"
STREET NORTH 14° 45'59" EAST 41. 75 FEET TO THE INTERSECTION OF
SAID SIDELINE WITH THE WESTERLY TERMINUS OF A 370.00 FOOT RADIUS
CURVE, CONCAVE NORTHERLY I HAVING A RADIAL BEARING OF NORTH 2°
46' 41" WEST; THENCE DEPARTING SAID SIDELINE EASTERLY ALONG THE
ARC OF SAID 370.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF
3~ 17'19", A DISTANCE OF 214.97 FEET; THENCE NORTH 53°56'00" EAST
232.00 FEET TO THE BEGINNING OF A TANGENT 220.00 FOOT RADIUS
CURVE CONCAVE SOUTHERLY: THENCE EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 54° 00' 00" A DISTANCE OF 207.35
FEET TO THE BEGINNING OF A REVERSE TANGENT 130.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 12° 59' 34" A DISTANCE OF 29.48
FEET TO THE BEGINNING OF A COMPOUND TANGENT 20.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64° 25'01" A DISTANCE OF
22.49 FEET TO THE BEGINNING OF A REVERSE TANGENT 45.00 FOOT
.
..
.-
75
RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 85° 11' 53" A DISTANCE OF
66.91 FEET; THENCE NORTH 35°18'57" EAST 146.67 FEET TO A POINT
WHICH LIES IN THE SOUTHERLY BOUNDARY LINE OF PARCEL 4 OF PARCEL
MAP NO. 14489 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY SEPTEMBER 30, 1986 AS FILE NO. 86-434683, WITHIN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
THENCE ALONG SAID BOUNDARY LINE SOUTH 62° 19'38" EAST 15.13 FEET
TO A POINT WHICH BEARS NORTH 62° 19'38" WEST 456.85 FEET FROM THE
MOST SOUTHERLY CORNER OF SAID PARCEL 4; THENCE DEPARTING SAID
BOUNDARY LINE SOUTH 35°18'57" WEST 148.68 FEET TO A POINT WHICH
LIES IN THE ARC OF A 45.00 FOOT RADIUS CURVE, CONCAVE WESTERLY
AND NORTHERLY, HAVING A RADIAL BEARING OF SOUTH 44° 54'36" WEST;
THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 1780 17'15" A DISTANCE OF 140.03 FEET TO THE
BEGINNING OF A REVERSE TANGENT 20.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 43°48'29" A DISTANCE OF 15.29 FEET TO THE BEGIN-
NING OF A REVERSE TANGENT 170.00 FOOT RADIUS CRUVE CONCAVE NORTH-
ERLY:~ THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 1~ 32'38" A DISTANCE OF 55.02 FEET TO THE BEGIN-
NING OF A REVERSE TANGENT 180.00 FOOT CURVE CONCAVE SOUTHERLY;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 54° 00' 00" A DISTANCE OF 169.65 FEET; THENCE SOUTH 53°
56'00" WEST 232.00 FEET TO THE BEGINNING OF A TANGENT 410.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 35° 02' 52" A DISTANCE OF
250.80 FEET TO THE TRUE POINT OF BEGINNING.
ALL SHOWN FOR CLARITY ON EXHIBIT liB" ATTACHED HERETO, THEREBY
MADE A PART HEREOF BY THIS REFERENCE.
"'--"
I '