1991-77245
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SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS! COUNTY RECORDER
FEES: O.~~
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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) SPACE ABOVE FOR RECORDERS'S USE
ONLY
Recording Requested by:
Cardiff Sanitation District
SEWER EASEMENT
Project
W.O. No.
Log No.
c<; -()/Z
Assessor's Parcel
No. 259-190-77
IV/A
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npnton L. Kimball and Catherine Kimball. husband and wife as
community property
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 said 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 IIAII and Exhibit IIBII 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.
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1613.
EXHIBIT A
LEGAL DESCRIPTION
A strip of land 30.00 feet in width over, under, along and across a portion of Parcel 1 of
Parcel Map No. 7137, in the City of Encinitas, County of San Diego, State of California,
thereof filed in the office of the County Recorder of San Diego County on 04/13/77 as File
No. 77-147570, the sideline of said 30.00 foot strip being more particularly described as
follows:
Beginning at the Northwest corner of said Parcel 1 ;thence Southerly along the
Westerly line thereof South 15°41 '50" West, 390.34 feet; thence South 74°18' 1 0" East
30.00 feet to the intersection with the Southerly prolongation of a line shown on said
Parcel Map as being 30.00 feet Easterly of and parallel with above described Westerly
property line; thence Northerly along said parallel line North 15°41 '50" East, 379.64 feet
to the most Northeasterly corner of said Parcel 1, said point lying on the arc of a 540.00
feet radius curve concave Northeasterly, a radial line to said point bears South 33°38'00"
West; thence Northwesterly along the arc of said curve thru a central angle of 03°22'48"
a distance of 31.86 feet to the Point of Beginning.
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