1999-451059
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Recording Requested by:
Cardiff Sanitation District
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USE ONLY
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When Recorded, Mail to:
City Clerk
City of Encinitas
505 South Vulcan Avenue
Encinitas, CA 92024
For the benefit of the
Citv
IIIIIIIIIIIII II 11111111 ~
1999-0451059
J:'Vrt rtI::..\...Urtl.JJ:.rt';:;
SEWER EASEMENT
Assessor's Parcel
No.264-550-19
Project: DCS 289
W.O. No.
Centex Homes, a Nevada General Partnership
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 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
to convey said easement, or any portion of said easement, to other
public agencies.
The real property referred to herein and made subj ect 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 Exhibits "A" and "B" 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
BK/hz/sewerc.doc (10-19-98)
.
.
3995
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 wi thin
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 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 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.
BK/hz/sewerc.doc (10-19-98)
.
.
3996
Executed this
day of
, 19 qo¡
OWNER: Cent ex Homes
A Nevada General Partnership
Cent ex Real Estate Corporation¡
A Nevada Corporation
By:
l2-ol-L Þ-t-D ~. @;.~,.sf'
Its Managing Generg
By:
[Signature of OWNER must be notarized.
acknowledgment.]
Attach the appropriate
I certify on behalf 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 ¡Grantee
consents to the making of the foregoing Easement Dedication and
consents to recordation thereof by its duly authorized officer.
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ALAN ARCHIBALD¡ District Engineer
Cardiff Sanitation District
Dated:
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BK/hz/sewerc.doc (10-19-98)
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State of (c:!.-({/¡õ "Uâ-
County of óa~ L (À~'O{)
oj
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before me,/~/NDA (~/¿tI~[:J7.'(i;¿: ¡l-¡j¡.../('
(NAMEfTlTLE OF OFFICER.j,e,"JANE DOE, NOTARY PUBLIC"'
personally appeared Rtrt)",),...O /.-1. ,-?/eé/\f1~
(NAMEIS, OF SIGNERISII '
0 rQj3 f) \7
. (DATE)
ViCE. ¡}'C¿ÚI DE/... '7 C¿'{It;~)( J?¿HI- é',S77-l7E:
C...>f.'f¿~J:¥;lc)N '
0 personally known to me -OR-X:1=
r--:-::------;;;;;:;;A~----l
-' '-'. ~ RANDA G. MILLJOUR :D
~. .. 0 NOTARY PUBLlC-CALIFORNIA~
a: COMM. NO. 1204250 ..:...
l- _:~ :.~ - - _M_Y~~~~~~ ~9!~~~ J
proved to me on the
basis of satisfactory
evidence to be the
~son(s) whose name(s)
(!sl9!e subscribed to the
within instrument and
~nOWledged to. .me that
e he/they ~ted the
me in ~l§1her/their
authorized~ity(ieS)'
and that b his/her/their
signature(s the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
ISEAL)
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ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
WOLCOTTS FORM 63240 Rev. 3.94 (price CI8" 8.2A) ~1994 WOLCOTTS FORMS, INC.
AlL PURPOSE ACKNOWlEDGMENT WITH SIGNER CAPACITYIREPRESENTATIONrrwO FINGERPRINTS
.
3997
RIGHT THUMBPRINT (Optional)
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CAPACITY CLAIMED BY SIGNER(S)
OINDIVIDUAL(SI
~ORPORATE
OFFICER(SI VKt 1~X¿~(/2¡{ ;IT
(TITUS)
OPARTNER(SI OLlMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(SI
OGUARDIAN/CONSERV A TOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Perlon(sl or Entity(iell
ë ¿ /" 7F- X K f Il J- ¿::;;7-11 f
C'{)Kl~:)i.)/ì71 ÔN
RIGHT THUMBPRINT (Optiona!l
!¡!
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0
....
CAPACITY CLAIMED BY SIGNERIS
OINDIVIDUAL(S)
OCORPORATE
OFFICER(S)
(TITUS)
OPARTNERISI OLlMITED
OGENERAL
OA TTORNEY IN FACT
OTRUSTEEIS)
OGUARDIAN/CONSERV A TOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Person(sl or Entity(iel)
111111111111111111111111
7 67775 63240
8
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.
3998
EXHIBIT "A"
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LEGAL DESCRIPTION
FOR
SEWER EASEMENT TO
CARDIFF SANITATION
DISTRICT
A PORTION OF PARCEL 165 OF PARCEL MAP NO. 18073, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JULY 24,1998 AS FILE NO. 1998-462070, BEING A STRIP
OF LAND 20 FEET IN WIDTH, 10 FEET ON EACH SIDE OF nIE FOLLOWING DESCRIBED
CENTERLINE:
BEGINNING AT TI-IE SOUTHWEST CORNER OF PARCEL 165 OF SAID PARCEL MAP NO. 18073;
THENCE NORTH 87°35'00" EAST A DISTANCE OF 70.01 FEET ALONG TI-IE SOUTHERLY LINE
OF SAID PARCEL TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE
NORTH 12° 00' 26" WEST, 43.21 FEET TO A POINT ON TI-IE ARC OF A NON-TANGENT 250
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 29° 29' 36" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL OF ANGLE 31° 04' 55", AN ARC DISTANCE OF 135,62 FEET;
THENCE NORTH 13° 26' 05" EAST, 184.52 FEET; THENCE NORTH 76° 52' 16" EAST, 52.03 FEET;
THENCE NORTH 58° 34' 03" EAST, 296.39 FEET TO A POINT ON THE EASTERLY LINE OF SAID
PARCEL 165, SAID POINT BEING ON THE RIGHT OF WAY LINE OF PASEO ESMERADO, AS
SHOWN ON SAID PARCEL MAP 18073 AND BEING A POINT IN TI-IE ARC OF A 50 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 71° 56' 17" WEST, SAID POINT BEING THE POINT OF TERMINUS,
THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED SO AS
TO BEGIN AT THE SOUTH LINE OF SAID PARCEL 165 AND TERMINATE AT THE RIGHT OF
WA Y LINE OF PASEO ESMERADO, AS SHOWN ON PARCEL MAP 18073,
]~G~!fr'j ~:~ ,qq
loS.4768
y: w inword/p~i/rv4/rv4swrcs, doc
w.o.# 0017-10
EXISTING 30' WI.
O,M. W,D. WATER E:ASE:ME:NT
RECORDED APRIL 3, 1997, AS
FILE NO. 1997-0152163, OR
AND RE:-RECORDED
JUNE 25, 1997, AS FILE
NO. 1997-0297085, O,R.
P ARŒL 158
SCALE: 1" = 100'
N
-1.-
%.
R=50' %.
L=181.34' \~..
0= 207"48'15" \~
'<b
\
POR]!ON of LO] -J8
MAP NO" B48
+
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ra:)
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P.O.B.
Drown By.
Ch<>eked By. JLM
Approved By.
P ARC£L 165
PM 18073
PARCEL 156
PARCEL MAP
BOUNDARY
15' WIDE:
STORM DRAIN
EASEMEN T TO THE
CITY OF CARLSBAD
PER PM 18073
NO. BEARING
1 N12'OO26 W ---
2 0=31'04-55 250,00
J N1J'2605 E ---
4- N76'52 16 E: ---
5 NSS'J4- OJ E ---
6 N87'J5 00 E ---
TIE UNE
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,-5'6'0
'.....J-;I!'
'..... ..J7-'
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PROPOSED ""'-1'<
ŒNTERUNE SEWER
E:ASEfrfENT
\~ 2
\ <P.
~\~
J\<P. ~o 'Ó.
\ u> .
\ 6>..
\~
E:XISTING 30' WIDE:
15 O.M. W.D, WA TER EASEMENT
I RE:CORDED APRIL 3, 1997, AS
) FILE NO. 1997-0152163, O.R., AND
RE-RECORDED JUNE: 25, 1997, AS
I FILE NO. 1997-0297085, O.R,
II PARCEL 165
/ PM 18073 N02'25'OO"W
/ 20,00'
/ N87'35'OO"E - - -
~ 1 - - - -~-"'v- 990,21' 990.00'
0\.....- 8 ,~ )
(NBrOO'53"[ 2~j8'(;:~;5~5~~i ~~~~~6: ~~R'Sp~5~¿4;9)3 & )3008
@ PARCEL MAP
PARCEL 3 PM 3008 BOUNDARY
~
N
RANCHO
SANTA f'E
ROAD
EXISTING 20' WIDE ROAD EASEMENT
RECORDED SEPTEMBER 16, 1966
AS FILE NO, 150680, O. R.
VICINITY IMP
NO SCALE:
SHEET 1 OF 1
CITY OfF DlQNlT AS
Scale
1"=100'
JLM
Dote: SEPT 29,1998
W.O,
Ref. 17-10
Tracing No.
Date:SEPT 29,1998
EXHIBIT
"B"
Dote: