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1993-92652 ~ . 1438 8-:, Recording Requested by: Cardiff Sanitation District 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 RECORDER'S USE ONLY SEWER EASEMENT Assessor's Parcel No. 264-240-17 Project TPM 92-035/CS 146 W.O. No. CS 146 -- HARRY BLACK and NANETTE BLACK, hereinafter designated Grantor(s), owner(s) 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. r 8 81439 The real property referred to herein and made subject t::> said easement and right-of-way by this grant is situated in the City of Encinitas, 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 ~ith 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 and the entire area encumbered by the sewer easement shall be graded, flat and unobstructed at all times, unless authorized by the Grantee in writing. 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 buildings or structures of any nature or kind that will interfere with the use of said easement and right-of-way unless authorized by said Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. When authorized by the Grantee, gates will be permitted as long as said gates remain unlocked, or, if locked, then Grantee shall be provided with a key at all times. In addition, Grantors, their successors or assigns, will be responsible for all existing improvements within the sewer easement and Grantee will not be held liable for any damages, thereto. 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 in any excavation made by it in the above described easement and right-of-way Grantee 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. tf/04/coV2-251wp5 (3-18-91/1) . . EXHIBIT A LEGAL DESCRIPTION LOT 5 OF CITY OF ENCINITAS TRACT 87-041, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12816 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21, 1991. END LEGAL DESCRIPTION 111< . , .' . . . 1113 EXHIBIT B SEWER EASEMENT SEWER EASEMENT, 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE, UNLESS OTHERWISE INDICTED FOLLOWING THE CENTERLINE OF THE ROADS IN THE TANGENTS AND FOLLOWING THE SEMI-TANGENTS TO THE POINT OF INTERSECTION IN THE CURVES: BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN EXHIBIT A, SAID POINT LYING ON THE CENTERLINE OF LONE JACK ROAD AND SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED-;-- THENCE NORTHERLY ALONG THE CENTERLINE OF LONE JACK ROAD NORTH 19° 18' 55" WEST 62.79 FEET; THENCE LEAVING THE CENTERLINE OF LONE JACK ROAD SOUTH 70° 41' 05" WEST 4.00 FEET; THENCE NORTH 46° 08' 30" WEST 604.00 FEET; THENCE NORTH 49° 39' 37" WEST 182.05 FEET TO A POINT ON THE CENTERLINE OF DOUBLE LL RANCH ROAD AS SHOWN ON CITY OF ENCINITAS TRACT 87-041, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12816 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21, 1991 ; THENCE EASTERLY ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD NORTH 69° 08' 08" EAST 3 81. 02 FEET TO THE CENTERLINE OF LONE JACK ROAD AS SHOWN ON SAID MAP NO. 12816; THENCE RETRACING WESTERLY ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH 69° 08' 08" WEST 381.02 FEET; THENCE CONTINUING WESTERLY ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH 69° 08' 08" WEST 147.00 FEET; THENCE LEAVING THE CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH 71° 38' 16" WEST 299.56 FEET TO A POINT ON THE CENTERLINE OF DOUBLE LL RANCH ROAD; THENCE LEAVING THE CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH 83° 48' 42" WEST 261.55 FEET TO A POINT ON THE SEMI-TANGENT OF A 1000.00 FOOT RADIUS CURVE ON THE CENTERLINE OF DOUBLE LL RANCH ROAD, CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE SEMI-TANGENT NORTH 78° 45' 23" WEST 240.00 FEET TO THE BEGINNING OF SAID 1000.00 FOOT RADIUS CURVE, A RADIAL LINE OF WHICH BEARS NORTH 11° 14' 37" EAST, SAID POINT BEING ON THE CENTERLINE OF DOUBLE LL RANCH ROAD; THENCE CONTINUING ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD NORTH 78° 45' 23" WEST 547.40 FEET TO THE POINT OF INTERSECTION ON A 350.00 FOOT RADIUS CURVE ON THE CENTERLINE OF DOUBLE LL RANCH ROAD, CONCAVE SOUTHERLY; THENCE NORTH 87° 25' 04" EAST 153.00 FEET ALONG THE SEMI-TANGENT FROM THE POINT OF INTERSECTION OF SAID CURVE AND ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD TO THE INTERSECTION OF THE CENTERLINE OF DOUBLE LL RANCH ROAD WITH THE CENTERLINE OF CALLE 47 AS SHOWN ON SAID MAP 12816 ; THENCE SOUTHERLY ALONG THE CENTERLINE OF CALLE 47 SOUTH 2° 34' 56" EAST 510.52 FEET TO THE POINT OF INTERSECTION ON A 1000.00 FOOT RADIUS CURVE ON THE CENTERLINE OF CALLE 47, CONCAVE EASTERLY; THENCE CONTINUING SOUTHERLY ALONG THE SEMI- TANGENT FROM THE POINT OF INTERSECTION OF SAID CURVE AND ALONG THE CENTERLINE OF CALLE 47 SOUTH 5° 24' 38" EAST 493.47 FEET TO THE END OF THE EASEMENT HEREIN DESCRIBED, THE END OF THE EASEMENT:BEING 10.00 FEET SOUTHERLY OF THE CENTER OF THE CUL- DE-SAC ON CALLE 47 AS SHOWN ON SAID MAP 12816. END SEWER EASEMENT DESCRIPTION