1992-775499
y.
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1036
.en 1992-07754~9 ".,
0;3-DEC-1992 08=lC A.I
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Re.::ordlng : Requested by:. '
Cardiff Sanitation District.
) . ~F~ICIAL RECORDS
- '5 nrT"T"'r-
) '^HH "'rGO rOUHTY RECORDER err lCt.
o u, -. IHTv n,'nR"'R
ANNETTE EVAHS. COU I, ,__w."_ , ^
l S ACE ABOVE FOR RECORDERS I S USE
ONLY ,
. . 'When Recorded, Mail to:
District Engineer.
:,Cardiff Sanitation District
5,27 Encinitas Boulevard
Encinitas, CA 92024 ,
For the benefit of the District
SEWER EASEMENT'
"
Assessor's Parcel
'No. 265-354-12
. proj ect
W.O. No.
Log No; .
TM 90-163
2957 FM
:N!A
Richard B. Wiro, a Single Man, a Conservatee, pursuant to Proceedings had
in the San Diego County, Superior Court, Case No. PN-2892, wherein Letters of
. Conservatorship were issued on June 23, 1992, Naming Ronald Hadley, as Conservator'
of tqe Estate of said Conservatee, as Owner
.hereJ.nafter designate Grantor (s) i owner (s) of' the her'einafter
described lands, for a valuable consideration, 'do(es) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
'Gra,ntee, 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 line's, and all structures incidental
thereto, together with' the perpetual right to remove buildings i
structures, . trees, bushes, unde.rgrowth, flowers, and any other
obstructions interfering.:with the use of. said easement and right-
Of-way by Grantee, its successors or assigns <;l.nd iri 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, needfu~ or necessary in the
. . 'construction, reconstruction, and maintenance .of said t,ewe::' 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/coV2-1J.6wp5 (9-27-89)
'I",'
......
,to convey said easeet,
public agencies.
or any portion of
(0'7 '
saiAsement,
to ~"7
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" 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 statediand 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,
,:aspha~t or 'concrete' surface with like material and 'will replace any
fence removed, by it. " ,
.
,
tf/my/cov2-116wpS (9-27-89)
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1038
. . 'Executed this ,,, T1J.. day of.
.!:
19~.
Conservator
,
[Signature of OWNER must be notarized.
acknowledgement;)
Attach the appropriate
,
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.
Dat~ti:
II- <i -'1'-
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tf/my/cov2-116wpS (9-27-89)
. ,
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
)
) SS.
ON SEPr. /0, J9"?;l... BEFORE ME, THE UNDERSIGNED,
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY
APPEARED Ronald Hadley, Conservator ,
-(PI!:RSG~I.\LLY K!lOWN TO WE) (PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDENCE) TO BE THE PERSON (-S-) WHOSE
NAME~) IS~ SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED TO ME THAT HE/SHEl/TIlEY EXECUTED
THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(HS-t,
AND THAT BY HI S/HBR/TlIBIR SIGNATURE (.g..) ON THE
INSTRUMENT THE PERSON(~), OR THE ENTITY UPON BEHALF
OF WHICH THE PERSON(~ ACTED, EXECUTED THE
INSTRUMENT.
/671
I HAVE SET MY HAND THIS
, 1992
SIGNATURE:
NAME: 0:
PRINCIPAL PLACE OF BU INESS:
MY COMMISSION EXPIRES:
.5i'I~ D/~f--i'>' (AUNT!
'YA.,/?1
1039
OFFICIAL
JANICE K. SWEHSOH
Norm Mlle. CAlS_
SAN IlIECo COLWrv
My Conm ...... ... &. 199.
"
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1040
LEGAL DESCRIPTION
SEWER EASEMENT
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 10387, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 28,
1980 AS FILE NO. 80-277581 OF OFFICIAL RECORDS, TOGETHER WITH
THAT PORTION OF 11TH STREET AS VACATED BY CITY COUNCIL RESOLUTION
NO. "f2.-7{' RECORDED cYl-Z.S-qz.. AS FILE/PAGE
QZ-OCOQae3 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG
THE NORTHERLY LINE THEREOF N 73037'58" ~, 192.60 FEET TO A POINT
ON A NON-TANGENT 20.00 FOOT RADIUS CURVE, SAID POINT BEING THE
CONCAVE EASfERLY, A RADIAL LINE TO SAID POINT BEARS N 53008'44" W
SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY
7.60 FEET ALONG SAID CURVE THROUGH-A CENTRAL ANGLE OF 21046'59";
THENCE S 15004'17" W, 195.84 FEET TO A TANGENT 20.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY; THENCE 19.25 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 550 09'00" TO THE BEGINNING OF A
REVERSE 50.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE
THROUGH SAID BEGINNING OF REVERSE CURVE BEARS N 490 55'17" E;
THENCE SOUTHERLY, WESTERLY AND NORTHERLY 253.33 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 290018'00" TO THE BEGINNING OF A
REVERSE 20.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL
LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS N 74055'43" Wi
THENCE 19.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 550
09'00"; THENCE N 15004'17" E, 188.15 FEET TO A TANGENT, 20.00
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE 43.60 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 124053' 42" TO A POINT OF
CUSP WITH A 50.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A
RADIAL LINE TO SAID POINT OF CUSP BEARS N 190 49'25" Wi THENCE
NORTHEASTERLY 10.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 11 0 37 '54" TO THE BEGINNING OF A REVERSE 20..00 FOOT RADIUS
CURVE, CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID BEGINNING OF
REVERSE CURVE BEARS S 31027'19" E; THENCE 16.69 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 47049'21"; THENCE S 73037'58" E,
69.26 FEET TO A POINT OF CUSP WITH A 20.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT OF CUSP BEARS
N 16022'02" Ei THENCE SOUTHWESTERLY 24.26 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 690 30'46" TO THE TRUE POINT OF
BEGINNING.
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