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1991-201869 . " 'I"~ . . 1706 8. '.¡,.~~r,'"jUU¡-'J 1 c!i,...'.:L, ~ ~. ¡,lL V~V~~UI 'j,,:""'j";j"':l---l/>'J., ud;;l,,' t':,'! -",' -'~'" - ,', -- ..., -- ..'" ,,-- ,,',"~.. Recording Requested by: Cardiff Sanitation District ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDERS'S USE ONLY When Recorded, Mail to: District Engineer Cardiff Sanitation District 527 Encinitas Boulevard Encinitas, CA 92024 For the benefit of the District SEWER EASEMENT Assessor's Parcel No. 264-101-01 Project W.O. No. Log No. TPM 89-087 0399R N/A Conrad Nissim Mori, a sinqle man and Marianne McDonald, Trustee under declaration of trust dated 04-13-72. as joint tenants hereinafter designate Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do~ 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) . 1707 . -,' , \ 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 "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 ~hall 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) "... , . . 1708 . day of 'If/lIlt/,,! -., , 19~. ,-----;:--r~j,'/\ .~7/? ,.-7/f' OWNER: ./ 7;"'-"""'>-T/ /" i-I- ~ ,. " Executed this ',' By: .. """¿'77 / ~..,~/¡;.. C:" [Signature of OWNER acknowledgement.] Conrad Nissim Mori By: \D~~-J~ M~anne ~o~~~d(,T!fstee " ( )~'\.() <- ~ ~ ~ must be notarized. Attach the appropclate t " . . 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. " I ".ì / w~~ Warren Shafer, District Manager Dated: ~ tf/my/cov2-116wp5 (9-27-89) . 1710 . EXHIBIT "A" LEGAL DESCRIPTION SEWER EASEKEHT A 28.00 FOOT WIDE STRIP OF LAND IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, OVER A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNÞ.RDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, THE EASTERLY SIDELINE OF SAID 28.00 FOOT WIDE STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 9; THENCE ALONG THE WESTERLY LINE OF SAID SECTION 9, SOUTH 01°05'51" WEST 63.01 FEET TO A POINT ON THE SOUTHERLY SIDELINE OF FORTUNA RANCH ROAD HAVING A WIDTH OF 60.00 FEET, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 18 ° 37 ' 58" WEST i THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 9 EASTERLY ALONG SAID SIDELINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°07'39" AN ARC LENGTH OF 10.03 FEET; THENCE TANGENT TO SAID CURVE NORTH 73°29'42" EAST 56.61 FEET 'fO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SIDELINE SOUTH 14°21'00" EAST 65.99 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 193.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°19'00" AN ARC LENGTH OF 75.17 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36°40'00" EAST 56.10 FEET TO A TANGENT CURVE CONCAVE . . . . . , . 1711 . SOUTHWESTERLY HAVING A RADIUS OF 207.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48040' 00" AN ARC LENGTH OF 175.82 FEET; 'rHENCE TANGENT TO SAID CURVE SOUTH 12000'00" WEST 80.69 FEET TO A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 124.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°30'00" AN ARC LENGTH OF 40.04 FEET; THENCE TANGENT TO SAID CURVE SOUTH 6030' 00" EAST 159.08 FEET TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9. THE SIDELINES OF SAID 28.00 FOOT WIDE STRIP SHALL BE LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE NORTHERLY IN A LINE THAT BEARS SOUTH 73 ° 29 '42" WEST THROUGH THE TRUE POINT OF BEGINNING AND SOUTHERLY IN SAID SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9. ~~ ~//._.' ~ ~ ./~I/'----' ~OHN W. HILL, JR. L.S. 5669 MH:nic 603-2 WP:LEGAL307 1/8/91 , . , , # " ." 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