1992-343259
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03 ~UN-1992 08=41 A~
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566
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Recording Requested by:
Cardiff Sanitation District
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) SPACE ABOVE FOR RECORDERS'S USE
ONLY
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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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SEWER
EASEMENT ,-C/::"-
DOCUMENTARY TRANSi£R TAX ...-..-
Project TPM 88-052/CS-12l
W.O. No. 2559PM
Assessor's Parcel
No. 264-030-32
Gary L. Bukamier
hereinafter designate 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, bùshes,
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)
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56'(
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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
Encinitas, County of San Diego, State of Californí'å, 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 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/O4/cov2-251wp5 (3-18-91/1)
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EXHIBIT H
LEGAL DESCRIPTION
PARCEL A
A 20.00 foot wide strip of land lying within the Northwest
Quarter of the Southwest Quarter of the Southwest Qua~ter of
Section 4~ Township 13 South. Range 3 West. San Bernardino Base
and Meridian~ in the City of Encinitas~ County of San Diego~
State of California~ according to United States Government
Survey~ the East line of said strip of land being described as
follows:
Commencing at the Southeast corner of said Northwest Quarter of
the Southwest Quarter of the Southwest Quarter of Section 4:
thence along the East boundary line of said Northwest
Quarter of the Southwest Quarter of the Southwest Quarter of
Section 4~ North 01° 31' 07" East (North 01° 03' 16" West HECORD
per Parcel Map No 3278 recorded 12/5/1974 as F/P 74-318065)
301.53 feet; thence r'Jorth 77° 16' 52" West 0.30 feet to the TRUE
POINT OF BEGINNING; thence South 060 11' 47" West 302.51 feet;
thence South 040 03' 06" East 0.41 to a point on the South
boundary line of said Northwest Qua~ter of the Southwest Quarter
of the Southwest Quarter of Section 4, said point being distant
thereon North 88° 18' 07" West (South 88° 09' 48" ~oJest RECORD pet-
Parcel Map No 3278 recorded 12/5/1974 as F/P 74-318065) 24.92
feet from the Southeast corner of said Northwest Quarter of the
Southwest Quarter of the Southwest Quarter of Section 4 . said
point being the POINT OF TERMINATION.
The sidelines of said 20.00 foot wide strip of land to be
prolonged or shortened so as to create a continuous strip of
land 20.00 feet in width commencing at a line that bears North
77° 16' 52" West from the TRUE POINT OF BEGINNING and terminating
at the South boundary line of said Northwest Quarter of the
Southwest Quarter of the Southwest Quarter of Section 4.
PARCEL 8
A 20.00 foot wide strip of land lying within the Northwest
Quarter of the Southwest Quarter of the Southwest Quarter of
Section 4, Township 13 South, Range 3 West, San Bernardino Base
and Meridian, in the City of Encinitas. County of San Diego,
State of California, according to United States Government
Survey, the North line of said strip of land being described as
follows;
Commencing at the Southeast corner of said Northwest Quarter of
the Southwest Quarter of the Southwest Quarter of Section 4;
thence along the East boundary line of said Northwest
Quarter of the Southwest Quarter of the Southwest Quarter of
Section 4, North 01° 31' 07" East (North 01° 03' 16" West RECORD
per Parcel Map No 3278 recorded 12/5/1974 as F/P 74-318065)
301.53 feet to the TRUE POINT OF BEGINNING: thence North
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57!
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PARCEL B (continued)
77"
16 '
52" West 303.82 to the FOHn OF 'TERI'IIr\JATION.
The sidelines of said 20.00 foot wide strip of land to be
prolonged or shortened so as to create a continuous strip of
land 20.00 feet in width commencing at the East boundary line of
said Northwest Quarter of the Southwest Quarter of the Southwest
Quarter of Section 4 and terminatIng Westerly in a line that is
perpendicular with the North line of said strip of land.
PARCEL C
That portion of the Northwest Quarter of the Southwest Quarter
of the Southwest Quarter of Section 4. Township 13 South~ Range
3 West. San Bernardino Base and Meridian. in the City of
Encinitas~ County of San Diego~ State of California. according
to United States Government Survey~ being described as follows:
Beginning at the Southeast corner of said Northwest Quarter of
the Southwest Quarter of the Southwest Quarter of Section 4;
thence along the East boundary line of said Northwest
Quarter of the Southwest Quarter of the Southwest Quarter of
Section 4~ North 010 31' 07" East <r\lorth 010 03' 16" West RECOFW
per Parcel Map No 3278 recorded 12/5/1974 as F/P 74-318065)
301.53 feet to the TRUE POINT OF BEGINNING: thence North 770 16'
52" West 12.89 feet: thence North 62" 26' 25" East 14.46 feet to
the East boundary line of said Northwest Quarter of the
Southwest Quarter of the Southwest Quarter of said Section 4:
thence along said East boundal~V line South 010 ~.')l' 07" West 'i.53
feet to the TRUE POINT OF BEGINNING.
PARCEL D
That portion of the Northwest Quarter of the Southwest Quarter
of the Southwest Quarter of Section 4~ Township 13 South~ Range
3 West~ San Bernardino Base and Meridian~ in the City of
Encinitas~ County of San Diego~ State of California~ according
to United States Government Survey, lying within a 45.00 foot
radius circle, the center of which is described as follows:
Commencing at the Southeast corner of said Northwest Quarter of
the Southwest Quarter of the Southwest Quarter of Section 4:
thence along the East boundary line of said Northwest Quarter of
the Southwest Quarter of the Southwest Quarter of Section 4.
North 010 31' 07" East <r\lorth 01° 03' 16" West RECORD per Pal~cel
Map No 3278 recorded 12/5/1974 as F/P 74-318065) 301.53 feet:
thence North 770 16' 52" West 303.82 feet: thence South 120 43'
08" West 10.00 feet to the centeox of said cit~cle with a radius
of 45.00 feet.
SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF
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