1999-261544
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Recording Requested by:
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Cardiff Sanitation District
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When Recorded, Mail to: )
District Engineer )
Cardiff Sanitation District ) NQ FEE
527 Encinitas Boulevard )
Encinitas, CA 92024 ) ~
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE\,~
ONLY
SEWER EASEMENT
TM 4400
Assessor's Parcel Pro7'ect
No. - - W.O. No. 90501
264 020 06,07,08,&10 Log No. qp S
BARRATT AMERICAN INCORPORATED, a Delaware Corporation
hereinafter designate .Grantor(a), owner(rp) of the hereinafter
described lands, for a valuable consideration, do(es) hereb GRANT
and CONVEY to the Cardiff Sanitation District herein designated
rrantee, a perpetual easement and right-of-way upon, th~-ough,
' under, over and across the hereinafter described real property for
the installation, construction, operation, maintenance, repair,
I 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
i 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.
I,
'I 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)
SCANNrLD
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; . ~ 995 ;
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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 "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 wi7.l not interfere with
or be detrimental to use of said easement and right-af 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
de • and the grantee
e conditions above stated~
to th
sub'ect
scribed, ~
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,
alt or concrete surface with like material and will replace any
asPh
fence removed by it. ~
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tf/02/cov2-116wp5 (11-13-89/1)
Executed this 19th day of April , 19 90
OWNER• ARRATT AM RI AN ZNCO.RPORATED
By: %
_ OS H E. TRACY
SENIOR VICE PRESIDENT
B
}
STATE OF CALIFORNIA ' )ss.
COUNTYOF__SAI~? DTF('n } propriate
~
- On APRIL 1 9,1990 , before me, the undersigned, a Notary Public in and for
C: said State, personally appeared JOSEPH E. TRACY and
personally known to me (or proved to me on the
E
a ~ basis of satisfactory evidence) to be the persons who executed the within instrument as
E E SENIOR VICE President and *Secretary, on behalf of
o c°)
RA171?ATT AMFRT('ATT TN('ORp RQ AT_F_Tl ,
d I
the corporation therein named, and acknowledged to me that
OFFICIAL SEAL
a ~ _ ,c:,..'^:••."..!,~ . . .
o~'n such corporation executed the within instrument pursuantto its u•" PATRICIAL. BEVIL
~2 C :~L o Notary Public-California
~ by-laws or a resolution of its board of directors. SAN DIEGO COUNTY
oNO WITNESS my hand and official seaL MyComm. Exp. Mar. 31,1992
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r°s Signature (This area for official notariaf seal)
. PATRICIA L. BEVIL
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 i
on behalf of its Board, pursuant to authority conferred by
Resolution af said Board adopted on March 20, 1979, and Grantee I
consents to the recordation thereof by its duly authorized officer.
Dated:
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tf/my/c0v2-116wp5 (9-27-89)
'Z ;ised July 21, 1989
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. ` . _ 997 W.O. 6-8012.000
LEGAL DESCRIPTION
EXHIBIT "A"
The strips of land as described herein are portions of Lots 1 thru 4 of Parcel
Map 9156 in the City of Encinitas, County of San Diego, State of California as
per map recorded September 20, 1979 in book of parcel map at page 9156 as File
No. 79-394359 in the office of the County Recorder of said County. Said strips
being more partieularly described as follows:
PARCEL 1
A strip of land 40.00 feet wide; the centerline of which is described as
follows:
Commencing at the southwest corner of Parcel 3 of said Parcel Map No. 9156;
thence along the westerly line of said Parcel 3 NORTH 00°19'37" WEST, 7.86 feet
to the Point of :Beginning; thence NORTH 59°03'46" EAST, 316.64 feet to the
beginning of a tangent 1200.00 foot radius curve concave northwesterly; thence
northeasterly along the arc of said curve through a central angle of 27°42'21",
a. distance of 580.27 feet to the beginning of a reversing 1200.00 foot radius
curve concave southeasterly; thence northeasterly along the arc of said reverse
curve through a central angle of 00°26'S5", a distance of 9.40 feet to a point
hereinafter known as Point "A"; thence continuing northeasterly along said curve
through a central angle of 31°32'11", a distance of 660.49 feet to the beginning
of a reversing 300.00 foot radius curve concave northwesterly; thence
northeasterly a}ong the arc of said reverse curve through a central angle of
44°02'45", a distance of 230.62 feet to the beginning of a reversing 300.00 foot
radius curve concave southerly; thence northeasterly along the arc of said
reverse curve through a central ang]e of 24°41'44", a distance of 129.31 feet to
a point hereinafter known an Point °B"; thence continuing northeasterly along
said curve through a central angle of 31°53'13", a distance of 166.96 feet to a
point hereinafter known as Point "Cthence continuing easterly and
southeasterlY alon9 said curve throu9h a central an9le of 54°51'33", a distance
of 287.24 feet; thence SOUTH 49o15'44" EAST, 234.00 feet to a point hereinafter
~ known as Point "D"; thence continuing SOUTH 49°15'44" EAST, 112.00 feet to the
beginning of a tangent 1200.00 foot radius curve concave northeasterly; thence
southeasterly along the arc of said curve through a central angle of 13°12'30",
a distance of 276.63 feet to a point hereinafter known as Point "E"; thence con-
tinuing southeasterly along said curve through a central angle of 08°58'00", a
I' distance of 187.80 feet to a point hereinafter known as Point "F"; said point
~ also being the beginning of a reversing 300.00 foot radius curve concave south-
westerly; thence southeasterly and southerly along the arc of said curve through
I' a central angle of 73°19'30°, a distance of 383.93 feet to a point hereinafter
known as Point "G"; thence SOUTH 01°53'16° WEST, 219.79 feet to a point
hereinafter known as Point "H"; thence continuing SOUTH 01°53'16" WEST, 152.16
feet to the beginning of a tangent 2000.00 foot radius curve concave easterly;
; thence southerly along the arc of said curve through a central angle of
; 05°43'35", a distance of 199.88 feet more or less to a point on the south line
' of Parcel 4 of said Parcel Map No. 9156, distant thereon SOUTH 89°35'24" WEST,
20.03 feet from the southeast corner of said Parcel 4.
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July 21, 1989
W.O. 6-8012.000 -
LEGAL DESCRIPTION
EXHIBIT "A°
The sidelines of said 40.00 foot strip to be extended or shortened to intersect
the westerly and southerly line of said Parcel 3 and the southerly line of said
Parcel 4 of Parcel Map 9156. TOGETHER WITH:
PARCEL 2
A strip of land 40.00 feet wide; the centerline of which is described as
f o11 ows :
Beginning at the aforementioned Point "H", thence NORTH 88°06'44" WEST, 197.00
feet to the beginning of a tangent 900.00 foot radius curve concave southerly;
thence westerly along the anc of' said curve through a central angle of
19°32'14", a distance of 306.89 feet to the beginning of a reversing 900.00 foot
radius curve concave northerly; thence westerly along the arc of said curve
through a central angle of 09°19'57°, a aistance of 146.59 feet to a point
hereirrafter known as Point "I"; thence continuing along the arc of said 900.00
foot radius curve 10.00 feet through a central angle of 0038112" to the terminus
of said centerline.
The sidelines of said 40.00 foot strip to be extended or shortened to intersect
the westerly sideline of said Parcel 1 and a radial line from said point of ter-
minus which bears NORTH 07°40'49" WEST. TOGETHER WITH:
PARCEL 3
A strip of land 40.00 feet wide; the centerline of which is described as
follows:
Beginning at the aforementioned Point "C", said point being on the arc of a -
500.00 foot radius curve concave easterly, a radial line to said point bears
SOUTH 86°48'27" WEST; thence northerly along the arc of said curve through a
central angle of 09°28'47", a distance of 82.73 feet; thence NORTH 06°17'14°
EAST, 390.76 feet to the beginning of a tangent 500.00 foot radius curve concave
southwesterly; thence northerly alon:g the arc of said curve through a central
angle of 30016'45" a distance of 264.24 feet to a point hereinafter known as
Point "J"; thence continuing northerly and northwesterly along the arc of said
curve throu9h a central an9le of 30°03'19", a distance of 262.28 feet to a Point
, hereinafter known as Point "K"; thence continuing along the arc of said 500.00
foot radius curve 29.80 feet through a central angle of 03°24'53° to the point
of terminus of said centerline.
The sidelines of said 40.00 foot strip to be extended or shortened to intersect
the northerly sideline of said Parcel 1 and a radial Tine from said point of
terminus which bears NORTH 32°32'1p" EAST. TOGETHER WITH:
i
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Page 3 ! (
July 21, 1989
W.O. 6-$012.000 LEGAL DESCRIPTION
EXHIBIT "A°
PARCEL 4
A strip of land 40.00 feet wide; the centerline of which is described as
follows:
Beginning at the aforementioned Point "J°; thence NORTH 63°43'46" EAST, 159.78
feet to the beginning of a tangent 900.00 foot radius curve concave southerly;
thence easterly along the arc of said curve through a central angle of
17°53'14", a distance of 280.97 feet; thence NORTH 81°37100" EAST, 256.28 feet
to 'the beginning of a tangent 40.00 foot radius curve concave southwesterly;
thence easterly and southeasterly along the arc of said curve through a central
angle of 89°46'00", a distance of 62.67 feet; thence SOUTH 08'37'00" EAST,
470.71 feet to the beginning of a tangent 500.00 foot radius curve concave
northwesterly; thence southwesterly along the arc of said curve through a
: central angle of 52°00`00", a distance of 453.79 feet; thence SOUTH 43°23'00"
WEST, 302.02 feet to the aforementioned Point "D".
The sidelines of said 40.00 foot strip to be extended or shortened to intersect
the easterly sideline of said Parcel 3 and the northerly sideline of said Parcel
1: TOGETHER WITH:
PARCEL 5
A strip of 1and 20.00 feet wide; lying 5.00 feet westerly and northerly and
15.00 feet easter.ly and southerly of the fo1lowing described line:
Beginning at the aforementioned Point "I"; thence NORTH 00°17'01" WEST, 50.34
feet; thence NORTH 24°50'00" EAST, 200.00 feet; NORTH 62°08'00" EAST, 200.00
feet; thence NORTH 83°02'00" EAST, 200.00 feet; thenee SOUTH 72°03'00" EAST,
200.00 feet to the aforementioned Point °G".
The sidelines of said 20.00 #oot strip to be extended or shortened to intersect
the northerly sideline of said Parcel 2 and the westerly sideline of said Parcel
1. TOGETHER WITH:
PARCEL 6
A strip of land 30.00 feet wide; lying 7.50 feet westerly and 22.50 feet
easterly of the following described line:
Beginning at the aforementioned Point "F"; thence NORTH 29°20'22" EAST, 368.95
feet; thence NORTH 19°15'36" EAST, 168.15 feet; thence NORTH 00°56'35" WEST,
47.36 feet to a point of terminus.
r
The westerly sideline of said Parcel 6 to terminate at a point which bears SOUTH
89°03'25" WEST 7.50 feet from said point of terminus and the norther1y sideline
of said Parcel 1; the easterly sideline of said Parcel 6 to be extended or shortened
to intersect the northerly sideline of said Parcel 1 and to intersect in a line
that bears SOUTH 83°03'25" west through the point of terminus. TOGETHER WITH:
,
°age 4
July 21, 1989 tooo
W.O. 6-8012.000
LEGAL DESCRIPTION
EXHIBIT "A°
PARCEL 7
A strip of land 20.00 feet wide; lying 5.00 feet southerly and easterly and
15.00 feet northerly and westerly of the following described line:
Beginning at the aforementioned Point "E°, said point being on the arc of a
200.00 foot radius curve concave northwesterly, a radial line to said point
bears SOUTH 60°11102" EAST; thence southwesterly along the arc of said curve
through a central angle of 41°48'15", a distance of 145.92 feet; thence SOUTH
71°37113" WEST, 321.24 feet to the beginning of a non-tangent 280.00 foot radius
curve concave northerly, a radial line to said point bears SOUTH 40°41'29" EAST;
thence westerly and northwesterly along the arc of said curve through a central
angle of 73°15'24", a distance of `358.00 feet; thence NORTH 38°04'00° WEST,
38.00 feet to the beginning of a tangent 200 OO foot radius curve concave south-
westerly; thence northwesterly along the arc of said curve through a central
angle of 31°34'00", a distance of 110.19 feet; thence SOUTH 12°00'00° WEST,
200.00 feet; thence SOUTH 68009'00" WEST, 150.00 feet; thence SOUTH 38°O1'00"
WEST, 200.00 feet; thence NORTH 87°57'00" WEST, 278.29 feet; thence NORTH
43°52'S3" WEST, 227.29 feet to the aforementioned Point "A".
The sidelines of said parcel to be extended or shortened to intersect the
southeasterly and southwesterly sidelines of said Parcel 1. TOGETHER WITH:
PARCEL 8
A strip of land 20.00 feet wide; lying 5.00 feet westerly and northerly and
15.00 feet easterly and southerly of the following described line:
Beginning at the aforementioned Point "B°; thence NORTH 43°04'47" WEST, 172.12
feet; thence NORTH 04°41'41" EAST 248.00 feet; thence NORTH 12°15'00" WEST,
480.00 feet; thence NORTH 22°32'00" EAST, 120.00 feet; thence NORTH 66°18'00°
EAST, 150.00 feet to the aforementioned Point "K°
The sidelines of said parcel to be extended or shortened to intersect westerly
sideline of said Parcel 3 and the northerly sideline of said Parcel 1.
As shown on Exhibit "B" attached hereto and made a part hereof.
' 0079/ej/LGLJY2-2.3
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101 August 28, 1989
W.O. 6-8012
PARCEL 9
Beginning at the aforementioned Point "I"; thence NORTH 00°17'O1" WEST, 20.20
feet to a point on the arc of a 880.00 foot radius curve concave northerly, a
radial line to said point bears SOUTH 08°30'03° EAST; thence westerly along the
arc of said curve through a central angle of 11°21'25" a distance of 174.43 feet
to the beginning of a compound 20.00 foot radius curve concave northeasterly a
radial to said point bears SOUTH 02°51'22" WEST; thence northwesterly along the
arc of said 20.00 radius eurve through a central angle of 55°46'46" a distance
of 19.47 feet to the beginning of a reversing 48.00 foot radius curve concave
easterly, a radial line to said point bears SOUTH 58°38'08° WEST; thence
westerly, southerly, and easterly along the arc of said curve through a central
angle of 287°53'50", a distant of 241.19 feet to the beginning of a reversing
20.00 foot radius curve concave southeasterly, a radial line to said point bears
NORTH 49°15'42" WEST; thence nor.theasterly along the arc of said curve through a
central angle of 52°16-'25", a distance of 18.25 feet to the beginning of a com-
pound 920.00 foot radius curve concave northerly, a radial line to said point
bears SOUTH 03°00143" WEST; thence easterly along the arc of said curve through
a central angle of 11°19'44", a distant of 181.91 feet; thence radially to said
point NORTH 08°19'O1" WEST, 20.00 feet to the POINT OF BEGINNING.
0081/ej/LGLDRI
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August 28, 1989
1002 W. 0. 6-8012
PARCEL 10
Beginning at the aforementioned Point "K"; thence NORTH 35°57'09° EAST, 20.00
feet to a point in the arc of a 520.00 foot radius curve coneave southwesterly;
thence northwesterly along the a'rc of said curve through a central angle of
03°24'53", a distance of 30.99 feet; thence tangent to said curve NORTH
57°27'44" WEST, 169.87 feet to the beginning of a 20.00 foot radius curve con-
cave northeasterly; thence northwesterly along the arc of said curve through a
central angle of 53°58'05", a distance of 18.84 feet to the beginning of a
reversing 48.00 foot radius curve concave southeasterly, a radial line to said
point bears SOUTH 86°30121" WEST; thence northwesterly, southwesterly and
northeasterly along the arc of said curve through a central angle of 287°56'10
a distance of 241.22 feet to the beginning of a reversing 20.00 foot radius
curve concave southerly, a radial line to said point bears NORTH 21°25'49" WEST;
thence easterly along the arc of said curve through a central angle of
53°58'05", a distance of 18.84 feet; thence tangent to said curve SOUTH
57°27'44" EAST, 169.87 feet to the beginning of a 480.00 foot radius curve con-
cave southwesterly; thence southeasterly along the arc of said curve through a
central angle of 03°24'53", a distance of 28.61 feet; thence radially NORTH
35°57'09" EAST, 20.00 feet to the POINT OF BEGINNING.
0081/ej/LGLDR2
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<< 1005 ~SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
, recorded 11-21-88 as file/page No. 88-596889 subordinated to
_ Easement For Public Sewers Required As Condition of Approval of
TM 4400 ("DOCUMENT" hereinafter);
~
Now, therefore, for valuable consideration, the receipt of which is
hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE hereby
waives the priority of said Deed of Trust in favor of said DOCUMENT
to the same extent as if said DOCUMENT had been executed prior to
said Deed of Trust.
Bank of America NT & SA
DAT D BENEFICIARY
q
1006
, STATE,OF CALIFORNIA ) sg
COUNTY OF LOS ANGELES )
On ' May l, 1990 before me the undersignedp a Notary Public in and for
said State, aPPeared . ESTEP
personally`known to me or proved to me on the basis of satisfactory ev3dence to be the
,rperson who' executed the within`instrument as a(n) VIGE PRESIDENT
,
~of BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a"National Banking Association,
t executed the within instrument, and acknowledged to me that such`
the :Associatian tha . ,
Assoclation eXecuted'the 'same.
Witness my hand and official seal:
Notar Publtc n and for said S e
OFFICIAL SEAL
MARILYN HARVE`(
:
Ptotary Public-C.~liiarnia
LOS ANGEL,ES COUNTY
My Comm. Exp. Feb. 4,1991
_
- - Date g , w
Y'
' WARREN H. SHAFER, Dis rict Manager
Cardiff Sanitation District
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N89°35'24'E
1 N00°19'37"W 7.86' 37 N38004'0011W
2 N59°U3'46"E 316.64' 33 31034'00" 200.00' 110.19'
3 27042121" 1200.00` 580.27' 34 M1200010011E
4 00°2G'55" 1200.00' 9.101 r o'" 200.OU'
5 31032'11" 1200.U(1' 660.49' 36 N38001'00"E 150.00'
6 44002'45" 200.00'
7 _~I°41'qq" 300.00' 23U.G7_' 37 Ni37°57'OU"W 218.29'
300.00' 129.31' 38 N43°52'53"W 221.29'
8 31053'13" 300.00' 166.96' 39 N43023'00"E
9 54051'33° 300.00' 287.24' 40 5?°Uf)'OU" , 3U2.U2~
lU N19°l.ri'A~1"W 7_3~1.UU' 41 NUf3°37'UU"W SUU.UU Q~3.79
11 N~19°15'44"W 117_.UO' ~12 f39°46'OU" 41U.71'
12 13°12'30" 1I00.00' 216.63' 43 N8103710011E 40.00' 62.61'
13 083°5a'UU" 1200.00' 187.80' 44 17053'14° 256.28'
14 73019'30" 300.00' 383.93' 45 N63°43'46"E 900.00' 280.97'
15 N01053'16"E 219.79' 46 09°2f3'47" 159.78'
16 N01053'16"E ~ 0, 500.00' f37_.73'
17 05043'35" 1r ~2.1G ~17 NUG 11 14~~C 39U.7G'
20UU.00' 199.88' 48 30016'4,° 500.U0' 264.24'
18 N88°06'44"W 197.00' 49 30003'19" 500.00' 262.28'
19 19°32'14" 900.00' 306.89' 50- N66018'00"E
20 U9°19'57° 900.00' 146.59' 51 N22032'00"E 150.00'
21 NUU°17'U1'~W 5U.3~1' r 52 N17_°157'UU1"W 120.UU'
21 ~~L4-JU'u0nE ?IIOjj it U4'1L'4A~~C 4UO.O~~
23 N62°08'00"E 200_00' 54 N43°U4'47"W 248.U0'
24 N83°02'00"E 172.12'
25 PI72°U3'ne„ 200.00' 55 111°2F'?0~~ 3'.0."0 5~ r_
W _ 200.UU' 56 N183°33'46,~E (R) t3s.~1;
26 N29020'22"E 36£3.95' 57 N60°11'U7_"W (R) -
77 • N19056'36"E 16E3.15' 5£3 N32033'55°[ (R) NON TANGENT
28 N00056'35"W 47.36' 59 IJ46000'30"W (R)
29 41048'15° 200.00' 145.92' GU N66000'29"E (R)
30 rr71°37'13"E 321.24' 61 N86048'27°L" (1t)
31 73°15'24" 2£30.00' 358.00' 1..]62 N1~1°U7'17"W (R)
G/~ Hf~ f l ' 6¢ 0°24'53° 500.00' 29.8U
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1 03°24'S3" 520.00' 30.99'
2 ~Oa
~ 2 53°58'05" 20.00' 18.84'
3 287°56'10° 48.00' 241.22'
Ab 4 03°24'53° 480.00' 28.61' .
5 N35°57'09"E 20.00
PAaCEL 5
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1 N00°11'O1"W 20.20'
2 .1102-1125'° 880.0d' 114.43'
3 55046`46" 20.00' 19.47'
4 287°53'50," 48.00' 241.19'
5 52°16'25" 20.00' 18.25'
6 11°19'44" 924.00' 181.91'
7 N08019'01"W 20.001
Name DateS, _W.O. (of3O
ENGINEERIMG ASSOCIAtES rheckecl bY Ownor Sheel
550 Wesf Vista waY ~KRATT AMERI CqN INCoRnoRA~.D
FAoh<;;o Cenler, Vfsla, Calilornia ~O~ ~eSCflnllOfl -
92083 Phone (619) 758 3680 SEWER EAS'EM E• tlT P`AT