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1989-118031 ~ "~ '-- f'- ""r'!',',","","'"c,.",""",r,.".",',I.,.,'",.~,,', '-C""_'..I". " F~'OR"DS ~, '. ::; 'r Y. CA. , , '. . . t, 0718 . ,) (', D ~¡ . . f\ ^ '" ; . ',' t". H J!' ¡ ¡ v .; ~ : RECORDED AT THE REQUEST OF: CARDIFF SANtTATION DISTRICT WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: 89 MAR -8 ~H 9= 32 I VERA L. LYL;- I L,£O!JHl '( HECORD~ Cardiff Sanitation District, c/o Clerk of the City City of Encinitas 527 Encinitas Blvd. Suite 100 Encinitas, California 92024 NO TRANSFER TAX D E SPA E ABOVE F R RECORDER1S USE ONLY ~O.,fE¡ EASEMENT SEWER LIlES AID APPURTEIAICES Assessor1s Parcel No. 264-180-20 Project: T.M. 4376-1 W.O. No.: 8040 Log No.: 094-08 PACIFIC SCENE, INC., a California corporation hereinafter designated Grantor(s), owner(s) of the hereinafter described lands, for a valuable consideration, do(es) hereby GRANT and CONVEY to 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, reconstruc- tion 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 ease- ment, 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 City of Encinitas, County of San Diego, State of California, and is particularly described as follows: SEE EXHIBIT "AN ATTACHED HERETO AND MADE A PART HEREOF . :.' . 0719 . , 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 Grantee, its successors and as- signs, 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 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 as- signs, 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 re- place any oiled, asphalt or concrete surface with like material and will re- place any fence removed by it. Executed this ~o-(-' day of ~(.\t,H.).~~'i ~ACIFIC SCENE, INC. a California corporation , 19~9. By: , By: '\ "C STATE OF rl1-Yf" ~ I-l).) County of c{.,,('(\ Q~ On ~~~o , 19~, before me, the undersigned, a Notary Public in and~ State, personally appearedD. W. MACKAY proved to me on the basis of satisfactory' evidence to be the VICE President and JON B. WER- NER proved to me on the basis of satisfactory evidence to be the SENIOR VICE PRESDENT, respectively, of the Corportion that executed the within instrument and acknowledged to me that such Corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.. Witness my hand and official seal. . "1 - tate r-- YL a. Signture: Name (typed or printed): LÇAAJJ} ~. !.t..JILC-O't . . .~.. . 0721 . ", This is to certify that the interest in real property conveyed by the forego- ing deed or grant to the DIFF A ITATI N DI TRI T 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(s) consent(s) to the recordation thereof by its duly authorized officer. ' CARDIFF SANITATION DISTRICT Dated: L-/o--'6Cf Ùcw-.- ~ ~ WARREN H. SHAFER / D TRICT MANAGER . ,.", . 0722 . , ~.. . '- SDE 3243.01 1-24-89 "EXBI-BIT "A" LEGAL DESCRIPTION THAT PORTION OP RANCHO LAS ENCINITAS, IN THE CITY OP ENCINITAS , COUNTY OP SAN DIEGO, STATE OP CALIPORNIA, ACCORDING TO MAP THEREOP NO. 848 PILED IN THE OFFICE OP THE COUNTY RECORDER OP SAID COUNTY, INCLUDED IN THAT LAND DESCRIBED AS PARCEL 2 IN DEED TO PACIPIC SCENE, INC., A CALIPORNIA CORPORATION, RECORDED AUGUST 11, 1988 AT PILE/PAGE NO. 88-396345 IN SAID COUNTY RECORDER'S OF- PICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OP THE NORTHERLY LINE OP LOT OR TRACT 25 OP SAID RANCHO LAS ENCINITAS WITH THE CENTERLINE OF "0" STREET, VACATED AND CLOSED TO PUBLIC USE AND LYING WITHIN COLONY OLIVENHAIN, ACCORDING TO MAP THEREOF NO. 326 FILED IN SAID COUNTY RECORDER'S OFFICE; THENCE ALONG SAID NORTHERLY LINE OP LOT OR TRACT 25 NORTH 87°02'13" EAST, 68.54 FEET TO A POINT ON THE ARC OP A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 62°23'02" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OP 65°20'49", A DISTANCE OF 22.81 PEET; THENCE TANGENT TO SAID CURVE NORTH 87°02' 13" EAST, 31.53 FEET TO THE BEGINNING OF A TAN- GENT 320.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENGE EAS- TERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OP 46°01'11", A DISTANCE OP 257.02 FEET TO THE BEGINNING OP A TAN- GENT 280.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°56' 51", A DISTANCE OP 346.71 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°41'26", A DISTANCE OF 216.09 FEET; THENCE TANGENT TO SAID CURVE SOUTH 79°12'01" EAST, 34.25 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE NORTH- ERLY; THENCE EASTERLY ALONG THE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OP 35°16'52", A DISTANCE OF 24.63 FEET TO THE BEGINNING OF A TANGENT 58.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 147°53'01", A DISTANCE OF 149.70 FEET TO THE BEGINNING OP A TANGENT 40.00 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OP SAID CURVE THROUG A CENTRAL ANGLE OP 35°16'52", A DISTANCE OP 24.63 FEET; THENCE TANGENT TO SAID CURVE SOUTH 01°52'44" EAST, 235.03 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS CURVE CON- CAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OF 24°57'08", A DISTANCE OP 139.36 FEET TO THE BEGINNING OP A TANGENT 20.00 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OF 52°56'06", A DISTANCE OP 18.48 PEET TO THE BEGINNING OF A TANGENT 48.00 FOOT RADIUS REVERSE 1 ~"~., , . . :.. . 0723 . , . . , EXHIBIT "A" CONTINUED CURVE; THENCE SOUTHEASTERLY, SOUTHWESTRLY, NORTHWESTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 287°55'07" A DISTANCE OF 241.21 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHWESTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 55°17'56", A DISTANCE OF 19.30 FEET TO THE BEGHINRING OF A TANGENT 280.00 FOOT RADIUS COMPOUND CURVE CONCAVE NORTHWES- TERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°38'13", A DISTANCE OF 120.40 FEET; THENCE TANGENT TO SAID CURVE NORTH 01°52'44" WEST, 282.03 FEET TO THE BEGINNING OF A TANGENT 12.00 FOOT RADIUS CURVE CONCVE SOUTHWES- TERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 77°19'17", A DISTANCE OF 16.19 FEET; THENCE TAN- GENT TO SAID CURVE NORTH 79°12'01" WEST, 81.25 FEET TO THE BEGIN- NING OF A TANGENT 280.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°41'26", A DISTANCE OF 189.08 FEET TO THE BEGINNING OF A TANGENT 320.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°56'51", A DISTANCE OF 396.25 FEET TO THE BEGINNING OF A TANGENT 280.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTELRY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°01'11", A DISTANCE OF 224.90 FEET; THENCE TANGENT TO SAID CURVE SOUTH 87°02'13" WEST, 18.01 FEET; THENCE SOUTH 02°57'47" EAST, 10.00 FEET; THENCE SOUTH 87°02' 13" WEST, 20.00 FEET; THENCE NORTH 02°57'47" WEST, 10.00 FEET TO A POINT ON THE ARC OF A NON-TANGENT 65.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02°57'47" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°35'08", A DISTANCE OF 34.70 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS REVERSE CURVE CONCAVE NORTHERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80°05'18", A DISTANCE OF 69.89 FEET TO SAID CENTERLINE OF "0" STREET (VACATED); THENCE NON-TANGENT TO SAID CURVE AND ALONG SAID CENTERLINE OF "0" STREET (VACATED), NORTH 15°03'15" EAST, 52.71 FEET TO THE POINT OF BEGINNING. 2 :_:;"fr~'Tr.rr'r ~" :_:~-~~:-'o~'---~==-:-'"'- -~~- :'..--:-...' :..,-- "ó: 0724 _._-+----~ :--:._~_..--- --- -~' "-'::-~:::-:-~_:.:.1 ~.l.:J.LL~ ! , i , ~.:: ~:c:":':.~~~~~~--". : P."[:A' , 'T,' " .' :'--:.~~'.' . :::_.~ ::..:.:===-.=::===~t~-: ':. j ,"",..!' 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