1994-402432 (2)
r- _
,
jOC # 1994-0402432
- 7 0 24-JUN-1994 10m e 7 AN
OFFICIAL F;ECQRDS
Recording Requested by- ) SAhl DIEIiO COUNIY RECORQER'S 0FFICE
cardiff ~~~itati~ ~~~~rict iiREG4RY SMITH4 COUHiY REii7RDER
fEES~
When Recorded, Mai1 to: ) {1 ~7~ ; PIA
District Engineer
~ 3 1
Cardiff Sanitation District )
505 South Vulcan Avenue
Encinitas, CA 92024
For the benef it of the District ) SPACE ABOVE FOR RECORDERS' S USE
ONLY
SEWER EASEMENT
Assessor's Parcel Project TM 88-038
- Noo 264-151-15 W.O. No. 3035FM
Baywood Builders, Inc., a California Corporation
hereinafter designated Grantor(a), owner(w) of the hereinafter
described lands, for a valuable consideration, do(es) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
• Grantee, a perpetual exclusive 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, fences, 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 to
convey said easement, or any portion of said easement, to other
public agencies.
tf/04/cov2°251wp5 (3-18-91/1)
S CAN N 0 M
1u.
71
The real property referred to herein and inade subject to said
easement and right-of-way by this grant is situated int he County
of Sam Diego, State of California, and is particularly described"
as follows:
See Exhibit "A" attached hereto and made a part 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 the 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 any building or structure of any nature
' or kind that will. interfere with the use of said easement and
rigfit-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 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 tot he 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 excavatian as nearly as praeticable to the
level of the surrounding ground, and will replace any oiled,
asphalt or concrete surface with like material and will replace any
f ence removed by it.
TF/03/CR06-388wp5 (11-28-89-1)
/
72
Executed this day of ~v ,'J c;~ , 19 C~,~ •
OWNER:
r~..~.._.._~.,~, .
gy ;
Marle A ilen, Vice- Pre~iden+~ By :
Thornas . Allen, Pres'tdev,i
?~~wcxM -$u'tWers) Znc •
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.].
~
~ This is to certify that the interest in real property conveyed by
the foregoing deed or grant to the CARDIFF SANITATION DISTRICT a
political corporation and/or governmental agency is hereby accepted
on behalf of its Board, pursuant to authority conferred by
Resolution of said Board adopted on March 20, 1979, and Grantee
consents to the recordation thereof by its duly authorized officer.
Dated: YL District Manager
Car 'ff nitation District.
tf/04/cov2-251wp5 (3-18°91/1)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -~73 Na.5,s3
State of Ca.lifornia ~ OPTIONAL SECTION ~o
CAPACITY CLAIMED BY SIGNER
I COUfIt Of 5an DlE'QO Though statute does not require the Notary to
y fill in the data below, doing so may prove
6/ 3/ 9 a Janet Lt1Z , NO'tdYy PU}JI.1C invaluable to persons relying on the document.
• On before me,
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" INDIVIDUAL
THOMAS J. ALLEN & MARLENE A. ALLEN ~CORPORATEOFFICER(S)
personally appeared NAMe(s) oFSIGr,eR(s) prPS; d nt /~vji~nt
TITLE(S)
~ ~ LIMITED
~ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence PARTNER(S)
GENERAL
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac- ❑ aTroRNEY-iN-FacT
knowledged to me that he/she/they executed ❑ rRUSTEE(s)
OFFICIAL SEAI. the same in his/her/their authorized ~ GUARDIAN/CONSERVATOR
o. . , JANET LUZ
~~t~ ~~.~lw~~, capacity(ies), and that by his/her/their ~ OTHER:
pI~ CpUNtY signature(s) on the instrument the person(s),
My or the entity upon behalf of which the
person(s) acted, executed the instrument.
SIGNER IS REPRESENTING:
, W IT S y Fl$f1Cj afICI OffICIaI S@aI: ' NAME OF PERSON(S) OR ENTITY(IES)
SIGNA RE OF N RY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE-ATTACHED TO TITLE OR TYPE OF DOCUMENT SEWER EASEM=
THE DOCUMENT DESCRIBED.:AT RIGHT:
NUMBER OF PAGES 6 DATE OF DOCUMENT 6/ 3/ 9 4
Though the data requQSteSi here is not required by law, Di~strict Manager/Cardif f_
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE • Ct
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
, car_ di f F sewer e on°-s ite
74
EXHIBIT nAlo
A PORTIQN OF THAT LAND DESCR3BED IN AGRANT DEED TO BAYWOOD
SUILDER5 f ACALIFORNIA GORP'ORATIQN, RECORDED IN THE CJFFIGE OF THE
COUNTY RECORI)ER OF SAfifiT D3 EG0 COI7NTY ON SEPTERMBER 3, 1986 AS
DOCUMENT NQ. 86-3$4687 OF OFFICTAL RECORDS, LYING WITHIN LfJT 18
OF RANCHO LAS EIaTCINITAS ACCORDING TO MAP THEREOF NO. 848 FILED IN
THE OFFICE OF THE CCJUNTY RECC1RbER OF SAN DIEGO COUNTY JUNE 27,
1$98, WITHTN THE CITY OF ENCINTTAS, COUNTY OF SAN DIEGO, STATE OF
CALTFaRNIA, DESCRIBED AS FOLLOWSm
BEGTNNING AT THE TNTERSECTIQN OF THE CENTERLINES OF "C°1 STREE'I'
AND 1113TH" STREET ACCORDTNG TO MAP THEREOF NO. 326 FILED IN THE
OFFICE OF 'THE COUNTY RECC)RDER OF SAN DIEGD COUNTY JULY 1885,
WITHIN 'I'HE CITY OF ENGINITAS, C:OUNTY OF SAN DIEGa, STATE OF
CALIFORNIA,° THENCE SOUTH 14° 45159" WEST ALONG THE SOUTHERLY
PROLONGATION OF SAID CENTERLINE OF "C" STREET 3de04 FEET Td A
P02NT WHICH LIES IN THE SQUTHERLY -S3DELINE OF SAID 1113TH" STREET
A5 ESTABLISHED BY VACATION BY ACTIOfiT OF THE ENCZNITAS CITY COUN-
CIL PER RE50LiJTION NU. 8$-82 RECORDED FEBRUARY 17, 1989 AS DOCU-°
MENT NC3a 89-084$34 OF OFFICIAL RECORDS; THENCE SOUTH 72° 16154"
EAST ALONG SAID SOUTHERLY 'SIDELINE 40o05 FEET TO THE INTERSECTION
OF SAID SIDELINE WITH THE EASTERLY SIQELINE OF SAID °tC" STREET;
THENCE NORTH 14° 45159" EAST ALdNG SAID EASTERLY SIDELINE 31.77
FEET TO THE INTERSECTION OF SAID SIDELINE WITH 'I'HE WESTERLY
TERMINUS (7F A 410.00 FOOT RADIUS CURVE, CONCAVF NORTHERLY, HAVING
A FiADIAL BEARING OF NORTH 1° 0100811 WEST, BEING THE TRUE PUINT OF
BEGINNING ; THENCE CONTINUING ALONG SAID EASTERLY SIDELINE OF "C"
STREET NORTH 14° 4515914 EAST 41.75 FEET TO THE INTERSECTION OF
SAID SIDELINE WSTH THE WESTERLY TERMINUS OF A 370.00 FOOT RADIUS
CURVE, CUNCAVE NORTHERLY, HAVING A RADTAL BEARING OF NORTH 2°
46'41" WEST,• THENCE DEPARTING SAID SIDELYNE EASTERLY ALONG THE
ARC OF SAID 370.00 FOOT RADIUS CtJRVE, THRC)UGH A CENTRAL ANGLE OF
33° 17' 19" , A DISTANCE OF 214 . 97 -FEE,T,' THENCE NORTH 5305610011 EAST
232000 FEET TO THE BEGINNING OF A TANGENT 220.00 FOOT RADIUS
CURVE 'CUNCAVE SQUTHERLY; THENCE EASTERLY ALONG THE ARC OF 5AID
GURVE THROUGH A CENTRAZ ANGLE OF 54° Q0' 00't' A DISTANCE OF 207.35
FEET TO THE BECTTVNING OF A REVER5E TANGENT 130,00 FOOT RADIUS
CURVE CONCAVE NORTHERLY,• THENGE EASTERLY ALdNG THE ARC OF SAID
CURVE 'THROUGH A CENTRAL ANGLE OF 12°5`9`34" A DISTANCE OF 29.48
FEET TO THE BEGZNNING OF A COMPOUND TANGENT 20.06 FQOT RADIUS
CURVE CONCAVE NORTHWESTERLY; THEPtCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRA:L ANGLE OF 64°25'01" A DISTANCE OF
22.49 FEET TQ THE BEGTNNING`OF A REVERSE TP.NGENT 45.'00 FOOT
75
RADIUS CURVE CUNCAVE SOUTFiERLY; THENCE' EASTERLY ALQNG THE ARC OF
SATD CURVE THROUGH A CENTRAZ ANGLE OF $5° 11'53" A DTSTANCE OF
66 . 91 F'EET; THENCE NORTH 35° 1815711 EAiT 146 . 67 FEET TO A. POINT
WHICH LIES IN THE 50UTHERLY BOUNDARY LINE OF PARCEL 4-0F PARCEL.
MAP NO. 144$9 F2LED IN THE OFFZGE OF THE COUNTY RECORDER OF 5AN
DIEGQ COUNTY SEPTEMBER 30, 1986 AS FILE N0. -86-434683, WITHZN THE
CITY OF ENCINITAS, COTJNTY OF SAN DIEGO, STATE OF CALIFC3RNIA,
THENCE ALONG SAID BOUNDARY LIAIE SOUTH 62° 19' 38" EAST 15.13 FEET
TC1 A PC3INT WHICH SEARS NORTH 62° 19' 38" WEaT 456 . 85 FEET FROM THE
MOST SOUTHERLY CURNER OF SAID PARCEL 4, THENCE DEPARTING SAID
13C7UNDARY LINE SOUTH 35018`' 57t4 WEST 148 0 68 FEET TU A POINT WHICH
LIES I-N THE ARC OF A 45.00 FOOT RADIUS CURVE, °CONCAVE WESTERLY
AND NORTHERLY, HAVING A RADIAL BEARING OF SQUTH 44° 54`361' WESTR
THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 178° 1711511 A DZSTANCE OF 140.03 FEET TC1 THE
BEGINNING 0F A REVERSE TANGENT 20a00 FOOT RADIUS CURVE CONCAVE
SDUTHERLY ; THENCE WESTERLY ALONG THE ARC OF SAIJ] CURVE THRdLTGH A
CENTRAL ANGLE OF 43°48'29" A DISTANCE OF 15.29 FEET TO THE BEGIN-
NING OF A REUEFtSE TANGENT 170.00 FOOT RADIUS CRUVE CONCAVE N(ORTH-
ERLY: THENCE WESTERT,Y ALONG THE ARC OF aAID CURVE THRtJUGH A
CENTRAL ANGLE OF 1803213811 A DISTANCE OF 55.02 FEET TO THE BEGIN-
NTNG OF A REUERSE TANGEN'I' 180.00 FOOT CURUE CONCAVE SOUTHERLY;
THENCE WESTERLY ALC?NG THE ARC OF SAID GURVE THROUGH A CENTRAL
ANGLE OF 54° 00' 00" A DISTANCE OF 169 . 65 FEET; TI-iENCE SOUTH 530
56'00" WEST 232.00 FEET TO THE BEGINNING OF A TANGENT 410.00 FOOT
RADIUS CURUE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC 0F
SAID CURVE THROUGH A CENTRAL ANGLE OF 35° 02'52e' A DISTANCE OF
250.$0 FEET `r.0 THE TRUE POINT OF BEGINNING.
ALL SHOWN FQR CLARITY ON EXHZBIT "B" ATTACHEI3 HERETU, THEREBY
MADE A PART HEREOF BY TFIIS REFERENCE.
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