1990-611710
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[~H= 1990-0611710
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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
SEWER EAS~ENT
project
W.O. No.
Log No.
Tract 88-209
9594-J
457
Assessor's Parcel
No. 264-152-07
Michael A. Dalen, a married man as his sole and seperate
property and Gunter Enz, a married man as his sole and
seperate property, as loint tenants.
hereinafter designate 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
tf/my/cov2-116wp5 (9-27-89)
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~. to' convey said easement, or any portion of s4lÞd easement, to other
, public agencies.
The real property referred to herein and made subject 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 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.
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 with building or structure of any nature
or kind that will interfere with the use of said easement and
right-of-way 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 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.
tf/02/cov2-116wp5 (11-13-89/1)
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EXHIBIT "A"
LEGAL DESCRIPTION: SEWER EASEMENT - TM 88-209
That Portion of Lot 18 of the Subdivision of the RANCHO LAS
ENCINITAS, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 848, filed on the office
of the County Recorder of San Diego County, June 27, 1898, as
described in Grant deed to Michael A. Dalen and Gunter Enz,
recorded August 3, 1989, F /P No. 89-468074, O. R., the sewer
easement more particulary described as follows:
Commencing at the intersection of the centerline of 12th street, if
extended, with the centerline of "J" Street, as said streets are
shown on the Map of the Colony Olivenhain, in the City of
Encinitas, County of San Diego, State of Californid, according to
Map thereof No. 326, filed in the office of the County Recorder of
San Diego County, July 8, 1885; thence North 15°11'05" East along
the centerline of "J" Street being the Easterly line of the
aforementioned property, 742.38 feet to the Northeast corner of the
aforementioned property; thence North 72 ° 56'35" West along the
Northerly line of the aformentioned property 153.56 feet; thence
South 16°35149" West, 141.07 feet to the beginning of a tangent,
20.00 foot radius curve, concave Northwesterly, and the TRUE POINT
OF BEGINNING; thence Southwesterly along the arc of said curve
through a central angle of 85°13'11", a distance of 29.75 feet to
the beginning of a 220.00 foot radius reverse curve, concave
Southerly; thence Westerly along the arc of said reverse curve
through a central angle at 48°53'11", a distance of 187.71 feet;
thence tangent to said reverse curve South 52°55'49" West, 140.00
feet to the beginning of a tangent, 220.00 foot radius curve,
concave Southeasterly; thence southwesterly along the arc of said
curve through a central angle of 35°24'22", a distance of 135.95
feet to the beginning of a 20.00 foot radius reverse curve, concave
Northwesterly; thence Southwesterly along the arc of said reverse
curve through a central angle of 45 ° 04 '10", a distance of 15.73
feet to the beginning of a 44.00 foot radius reverse curve, concave
Northwesterly; thence Southwesterly, Southeasterly, and
Northwesterly along the arc of said reverse curve through a central
angle of 281°54'07", a distance of 216.49 feet to the beginning of
a 20.00 foot radius reverse curve, concave Easterly; thence
Northerly along the arc of said reverse curve through a central
angle of 59°47'35", a distance of 20.87 feet to the beginning of a
180.00 foot radius compound curve, concave Southeasterly; thence
Northeasterly along the arc of said compound curve through a
central angle of 32°26'45", a distance of 101.93 feet; thence
tangent to said compound curve North 52°55149" East, 140.00 feet to
the beginning of a tangent 180.00 foot radius curve, concave
Southerly; thence Easterly along the arc of said curve through a
central angle of 46 ° 29 I 09", a distance of 146.04 feet to the
beginning of a 20.00 foot radius compound curve, concave
Southwesterly; t,hence Southeasterly along the arc of said compound
curve through a central angle of 97°10'51", a distance of 33.92
feet to a point of cusp; thence North 16°35'49" East, 80.42 feet to
the TRUE POINT OF BEGINNING.
NCINITAS TRACT 88-209
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EQUESTRIAN AND PEDESTRIAN
TRAIL EASEMENT
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NO SCALE
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SCALE: 1"'" 100'
NOTE'
'THE PRIVATE DRAINAGE EA..ENUIT
AS SIIOWN IN LOT 6 IS TO lit CRAII1ED
BY WNER OFLOT 8 FOR 'litE IIENEFIT '
Of lOTS C; ~ND 7 CONCURRENTLY linN
THE TRAN"FER OF TmE OF LOT ',7
AND 8,
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~XI,;)T,If\REVDCA5U: OffER.
rDDEDICATE RtALPROPr.RTY FOR
ROAD \JAY ruRPO5E5 GRAIJTtDTO THE (OUNrY
OF5AN DIEGO 5'1' DOC: "'o,1,-)7l.OlI¡II.EC:.'.5-7,.
g- DOOK "1'¡O,R.
- ~ C/L 'J' STREET
NOTE:
'litE ~ OF LONE ::JACK ROAD \lA5 E5TABUSHEO
BY A FtELD 5UR~EY OFTNE E~ISTING TRAVELED
\lAY. WHE :JACK ROAD IS A cm HAIN'TAINED
ROAD, RIC;NT OF WAY WtD'TN OF 40' IS
"55UHED. ONLY POR'T10NS o~ lONE ':JACK
ROI\D ARE. KNOWH 'TO "A~E EASE.HWTS OF
RE.CORD DEDICATED 'TO THI'. PUBLIC FOR
ROAD\lAY PURPOSI'.S,
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FD Ill. ¡,p.
STAHPED LS 3788
PER PH ~149
'>UBDNISIOIt BOUNDARY
)149)
100 '{tAR FLOOD
l'LAIN SUß'J'ECT
"TO INUNDATIOH
-JAJN
326
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SEWER EASEMENT
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GRADING PLAN '_9594-G
r.41 II" N'>N>n"""'" 322-170 I
NOTE'
SAN'TA VISTA COURT
15'0 BI'. PRIVA'ELY
tlAlHTAIHED S'TRElY
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TM 88-209
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