1989-118031
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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
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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
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0719
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, 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:
'\
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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.
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tate
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Signture:
Name (typed or printed): LÇAAJJ} ~. !.t..JILC-O't
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0721
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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
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0722
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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
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0723
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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
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