1993-92652 (2)
1438 ~ a -FE~~-~.993 ~ AN
cFFt:.IA~.. i"~;~u
IJJ~~7~1 Cou~`~~Y HCORDEiis? JFi fs:E
ANIN€ s i EF Y~~~i~ 3! C~~~fIT~' R~.C!?~:D~'R
Recording Requested by: )
Cardiff Sanitation Distriet
When Recorded, Mail to:
. )
District Engineer )
Cardiff Sanitation District )
: 505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the District ) SPACE ABOVE FOR RECORDER'S USE
ONLY
SEWER EASEMENT
Assessor's Parcel Project TPM 92-035/CS 146
No. 264-240-17 W.O. No. CS 146
HARRY BLACK and NANETTE BLACK,
hereinafter designated Grantor(s), owner(s) 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
neeessary 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
agencie5.
SCANNED
1439 ,
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 followss
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 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 plarated or
grown thereon and the entire area encumbered by the sewer easement
shall be graded, flat and unobstructed at all times, unless
authorized by the Grantee in writing.
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 buildings or structures of any
nature or kind that will interfere with the use of said easement
and,right-of-way unless authorized by said Grantee, its successors
or assigns, or that will interfere with the ingress or egress along
said easement by said Grantee, its successors or assigns. When
, authorized by the Grantee, gates will be permitted as long as said
gates remain unlocked, or, if locked, then Grantee shall be
provided with a key at all times. In addition, Grantors, their
successors or assigns, will be responsible for all existing
improvements within the sewer easement and Grantee will not be held
liable for any damages, thereto. ~
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
Gran.tors, 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-in any excavation made by it in the above described easement
and right-of-way Grantee 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,
asphalt or concrete surface with like material.
,
,
tf%04/cov2-251wp5 (3-18-91/1)
, ' -
1440
Executed this day of la-44,, , 19/0,
' OW R: _ By
, By:
[Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.] .
~
.
' STATE OF CALIFORNIA s } 1441
COUNTY OF }ss.
o On
c.;< before me,
~ IPMVII ~ ) n
~ personally appeared • I . _ ,
~ c
U
' E
Q personally known to me (or roved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscrib p
N ed to the within
m
^ instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
i ~ and that by his/her/their si capacity(ies cg
gnature(s) on the instrument the erson ) ~onveyed person(s) acted, executed thstrument. rCATPi~RlNE M, by
~
ITNESS ARMINO
W DIST`RICT a
v
y accepted
, o i sea 4wor4RV r~a~i,e3C~~ou a
I ~
Signature ~ a*a s~N aec,o ~NG
coun,r,- f erre d by
mY Cmnmi~;ian Expiro~ h9ey t), }p98
• ~ nd Grantee
ed officer.
(This area for oHiciat notarial seal)
~
„ Dated:
WARREN H. SHAFER, Dis rict Manager
Cardiff Sanitation District
tf/04/cov2-251wp5 (3-18-91/1)
~ 1 44,e
EXHIBIT A
LEGAL DESCRIPTION
LOT 5 OF CITY OF ENCINITAS TRACT 87-041, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO THE MAP THEREOF N0. 12816 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON MAY 21, 1991.
END LEGAL DESCRIPTYON
,
EXHIBIT B
SEWER EASEMENT
SEWER EASEMENT, 10.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE, UNLE5S OTHERWISE INDICTED FOLLOWING THE,
CENTERLINE OF THE ROADS IN THE TANGENTS AND FOLLOWING THE
SEMI-TANGENTS TO THE POINT OF INTERSECTION IN THE CURVES :
BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN
EXHIBIT A, SAID POINT LYING ON THE CENTERLINE OF LONE JACK ROAD
AND SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE
EASEMENT HEREIN DESCRIBED ;
THENCE NORTHERLY ALONG THE CENTERLINE OF LONE JACK ROAD
NORTH 190 18' 55" WEST 62.79 FEET; THENCE LEAVING THE
CENTERLINE OF LONE JACK ROAD SOUTH 700 41' 05° WEST 4.00 FEET ;
THENCE NORTH 460 08' 30° WEST 604.00 FEET ; THENCE NORTH 490
39' 37" WEST 182.05 FEET TO A POINT ON THE CENTERLINE OF DOUBLE
LL RANCH ROAD AS SHOWN ON CITY OF ENCINITAS TRACT 87-041, IN
THE CITY OF ENCINITAS, COUNTY -0F SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 12816 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 21,
1991 ; THENCE EASTERLY ALONG THE CENTERLINE OF DOUBLE LL RANCH
'ROAD NORTH 690 08' 08" EAST 381.02 FEET TO THE CENTERLINE OF
LONE JACK ROAD AS SHOWN ON SAID MAF NO. 12816 ; THENCE
RETR.ACING WESTERLY ALONG THE CENTERLINE OF DOUSLE LL RANCH ROAD'
SOUTH 69° 08' 08" WEST 381.02 FEET ; THENCE CONTINUING WESTERLY
ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH 690 0$' 0$"
WEST 147.00 FEET ; THENCE LEAVING THE CENTERLINE OF DOUBLE LL
RANCH ROAD SOUTH 710 38' 16° WEST 299.56 FEET TO A POINT ON THE
CENTERLINE OF bOUBLE LL RANCH ROAD ; THENCE LEAVING THE
CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH-830 48' 42" WEST
261.55 FEET TO A POINT ON THE SEMI-TANGENT OF A 1000.00 FOOT
RADIUS CURVE ON THE CENTERLTNE OF DOUBLE LL RANCH ROAD, CONCAVE
NORTHERLY ; THENCE WESTERLY ALONG THE SEMI-TANGENT NORTH 780
45' 23" WEST 240.00 FEET TO THE BEGINNING OF SAID 1000.00 FOOT
RADIUS CURVE , A RADIAL LINE OF WHICH BEARS NORTH 110 14' 37"
EAST, SAID POINT BEING ON THE CENTERLINE OF DOUBLE LL RANCH
ROAD ; THENCE CONTINUING ALONG THE CENTERLINE OF DOUBLE LL
RANCH ROAD NORTH 78° 45' 23" WEST 547.40 FEET TO THE POINT OF
INTERSECTION ON A 350.00 FOOT RADIUS CURVE ON THE CENTERLINE OF
DOUBLE LL RANCH ROAD, CONCAVE SOUTHERLY ; THENCE NORTH 87° 25'
04" EAST 153.00 FEET ALONG THE SEMI-TPiNGENT FROM THE POINT OF
INTERSECTION OF SAID CURVE AND ALONG THE CENTERLINE OF DOUBLE
LL RANCH ROAD TO THE INTER5ECTION OF THE CENTERLINE OF DOUBLE
LL RANCH ROAD WITIi THE CENTERLINE OF CALLE 47 AS SHOWN ON SAID
MAP 12816 ; THENCE SQUTHERLY ALONG THE CENTERLINE OF CALLE 47
SOUTH 2° 34' 56" EAST 510.52 FEET TO THE POINT OF INTERSECTION
ON A 1000.00 FOOT RADIUS CURVE ON THE CENTERLINE OF CALLE 47,
CONCAVE EASTERLY ; THENCE CONTINUING SOUTHERLY ALONG THE SEMI-
TANGENT FROM THE POINT OF INTERSECTION OF SAID CURVE AND ALONG
THE CENTERLINE OF CALLE 47 SOUTH 5° 24' 38" EAST 493.47 FEET TO
THE END OF THE EASEMENT HEREIN DE5CRIBED, THE END OF THE '
EASEMENT BEING 10.00 FEET SOUTHERLY OF THE CENTER OF THE CUL-
DE-SAC ON CALLE 47 AS SHOWN ON SAID MAP 12816.
END SEWER EASEMENT DESCRIPTTON