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1994-655277 .~. . . . 8 8f"\ ~,i'"\ " " " i"'" ,,;' ~", 'r:-,"",'-;"'" .' , ,; :; C, ','",' "" ... ..',~,¡.L,'"I¡",'""... :,¡~,.~ .l ',,',"-'," -, " ,......-, '" ','¡,~'.~;,)c! . j 1""HOij J ,)/~ .f) ~ 1;; ! 1 . Recording Requested by: Cardiff Sanitation District 591 ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDERS'S USE ONLY When Recorded, Mail to: District Engineer Cardiff Sanitation District 505 South Vulcan Avenue Encinitas, CA 92024 For the benefit of the District SEWER EASEMENT Assessor's Parcel No. 264-171-85.86,87,88 Project TPM 18455 W.O. No. DCS-180 William B. Buck, Trustee under the Jeff and Patty Daniels Charitable Remainder Unitrust, dated December 27, 1990 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. tf/04/cov2-251wp5 (3-18-91/1) . . . , . . . 502 The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the City of Encini tas, County of San Diego, State of California, and is particularly described as follows: See Exhibit "A" and Exhibit liB" 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 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) , . c, ' . . . . 503 Executed this .., Ä r day of 1(.1 ..//1, C,';,'- ",/,.Î; ¿.~ .~-' /' I' '1 ~I 19 . OWNER! t, A /1Vl------ By: .../ v , '7\ /'i { í I.~, \ / ,,' k ,", - , By: [Signature of OWNER must be notarized. acknowledgement.] 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. Da ted : ({) 1 tf- Cf.-=t ~M4L- - / . District nager Cardiff Sanitation Distric~ tf/04/cov2-251wp5 (3-18-91/1) . . STATE OF CALIFORNIA, 504 COUNTY OF SAN DIEGO } S,S, On October 3, 1994 , before me, Erin L. Alfer , a Notary Public in and for said County and State, personally appeared William B. Buck, Trustee personally known to me (or 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 acknowledged 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. FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA, COUNTY OF } S.S. On , before me, , a Notary Public in and for said County and State, personally appeared personally known to me (or 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 acknowledged 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. FOR NOTARY SEAL OR STAMP WITNESS my hand and official seal. Signature TE 160 Legal (2-94) This form is furnished by Chicago Title Company . . 505 EY..HIBIT "A" PUBLIC SEWER EASMENT THOSE PORTIONS OF PARCELS 1,2,3 AND 4 OF PARCEL MAP NO. 15615 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 23, 1989 AS FILE NO. 89-148940, LYING WITHIN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE SOUTH 15"34' 48" WEST, ALONG THE EASTERLY LINE OF SAID PARCEL 4, 21.03 FEET; THENCE DEPARTING SAID EASTERLY LINE NORTH 43° 24'04" WEST 18.16 FEET; THENCE NORTH 73° 11/41" WEST 179.47 FEET TO THE BEGINNING OF A TANGENT 38.00 FOOT RADIUS CURVE CONCAVE EASTERLY AND SOUTHERLY; THENCE WESTERLY, NORTHERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 255°31'21" A DIS- TANCE OF 169.47 FEET TO THE BEGINNING OF A TANGENT 26.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 75° 31' 21" A DISTANCE OF 34.27 FEET; THENCE SOUTH 73°11'41" EAST 116.51 FEET; THENCE NORTH 78°59'57" EAST 17.85 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE SOUTH 15° 34'48" WEST, ALONG SAID EASTERLY LINE, 24.33 FEET TO THE POINT OF BEGINNING. . EXHIBIT "8" ~ ~ <J.1 ~ ~ ~ <J\ / c?'v~ (f~ \" < N"'1Q ~ ~ rv \~, ¿;¡ ¡"I-- I> '- ~ /2' 1\ VI " ... '-I ... ~ \)¡ 0 ....... ....... ~... ....... <. " ~ (;t ~ 0 " 'Qi , I~ ' ~ ~ Q>~ ....... \11-0 ~ ~ I' '(r¡' 'J ~ ~ .",./ S /5°34'46" W 2/.03' J/ 7'" r; COLe Ii'A NCII I?O40 (FORME-R¿Y "E" STREE.T) . " ~ ~ f\) .s /5"34'48" W 2'4. 33' ~ ;) o¡ ~ ~ ~ "i ~~~\~ ~>j)~~~~ IÍ ~~}.~.J, r\ ~\/~ ~ 11","",';/';;:--, G\,\\',~ ' ,. 'f .-- ... ,,-'" 1/.-' " (" - 'I '-. r'J , o¡"',,\U ¡ 1\ "I( ~ i '~, "8""1 . JJ! \ ,;\; \\ ""," ,,/ (, t '\ ",., ,¡¡"h/!i \ 0' I) , ,,-" -, {-"/ I \\',' "0 =->:'---'-'--F't"/', .. ,,- \ I""o¡, \..~.>.:."- /<,~-Ì¡ .. ~( .,',.~,-~'«\// ~:.~.;' C t\\\;¿:'" -,...:,:c~:;... /' ¡.II"jl ,,)/' ',(t'o ¡-v. /11,' /Ll I ,. ~ ,