1992-343259 (2)
D~'" 9 ~.992-0343259
03-ydUN-1992 08=41 All
' S 6 ti OFFIGiRL REGORDS
SAN DIEGO Gt11JNTY RECQRDER' S OFFICE
Recording Requested by: ANhIETTE EllflMS, COUhfTY RECORDER
Cardiff Sanitation District ) FEES` 0•00
) HA
When Recorded, Mail to s )
District Engineer ~
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas, CA 92024
For the benef it of the District ) SPACE ABOVE F'OR RECORDERS' S USE ~
ONL%
SEWER EASEMENT f ~
.r
ppGYJMEN'fARY TRANSFER TAX
q~..S
Assessor's Parcel Project TPM 88-052/CS-121 ~
NO. 264-030-32 W.O. Noa 2559PM
Garv L Bukamier
hereinafter designate . Grantor (M) , owner 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 andJor mains, manholes, sewer lateral pipe 1?res, and a?1
s±ructures ineidental thereto, together 'with the perpetual right
to remove buildings, fences, structures, trees, bullshes,
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
anaintenance 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 ass.igns forever, together with the right
to convey said easement, or any portion of said easement, to other
publie agencies.
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SCANNED
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5 6
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 followsc
See Exhzbit "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 xeal property in amanner tha.t 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 and the entire area encumbered by the
:sewer easement shall be graded flat and unobstructed at al1 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
anaintained upon the above described real property or within said
easement and right-of-way, any buildings or struetures` of any
nature or'kind that will interfere with.the use of said easement
and right-o.f-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 suceessors 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 a11 times. In addition, Grantors, their
successors or assigns,, will be responsible for all existing
improvements within the sewer easement and Grantee wili 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 a_r,rees that the
Grantars, '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 GranteP
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 wili replace any oiled,
asphalt or concrete-surface with like materialo _
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570
, EXHIBI'T Fi
LEGAL DESCR:[ PT IOIV
PARL'EL A
A ZO. Ol7 foot wi de stri p of l and l yi nq wi thi n the IVorthwest
Quarter- of the Soutfiwest QLAar`ter Uf the Sotathwest Quai-ter o-F
Sectian 4, Townsl-7ip 13 South, Range 3 West, San Bernardino Base
and Meri di an, i n the Ci ty of rnc_i. ni tas, County o-f 5an Ui ego,
State of Cal i forni a, accordi ng to l.Jni terJ States Uovernment
Survey, the East line of said strip of land being described as
f ol 1 ows;
Commencing at the Southeast eurner o-F said IVorthwest Qu.arter o•F
the Southwest Quar-ter- of the Southwest Quarter of Seckion 4;
thence al ong the East bauridary 1 i ne of sai d Rlorthw2st
OLaarter af the Sou-khwest Quarter of the 5ou-thwe at QuartPr- o-F
Secti.an 4, Nnrth 010 31' 07" East (North 010 03' 16" West HECURD
per Parcel Map No 3278 recordeci 12/5/ 1974 as F/P '74-318065)
301.53 feet; thence North 770 16' 52" West 0.30 feet to the 1"RUE
POINT OF HEGINNING; therice South 061) ll' 47" Wes-t 302.51 feet;
-thence South 040 03' Ub" East 0.41 ta a poi nt on i.he Sauth
houndary line of said'IVorthwest Quar-ter o-f -L-he Southwest Quarter
of the 5outhwest QuartPr of 5ecti on 4, sai dpoi nt bei ng di stant
therean IVortl-i 880 18' 07" West (Snutfi 880 09' 48" West F2ECORD per
Parcel Ihap Na 327E3 recorded 1~.'/5/1974 as F/P 74-310065) 24.92
feef -From the Southeast carner of sairJ Iqor^thwest Quarter of tl-le
Southwest Quarter of the Southwest Quarter of Secti on 4, sai d
point being the PUIfVT OF TERMIfVO7"IDN.
The si del i nes of sai d 20.00 f oot wi c1e str i p of 1 and to be
prolonged or shortened so as to create a. continuous striP of
l and 20.00 feet i n wi dtf`i c:ommenci na at a l i ne that bears North
770 16' 52" West from tl-ie TRUE POINT OF BEGIfVNIIVG and terminating
at the South boundary 1 i ne of sai d)Vorthwest Quar-ter- of the
Southwest Quarter o-f tl-ie 5outhwest Quarter of Section 4.
PARCEL B
, A 20.00 fnot wi de sti-i p of l and 1 yi ng wi ti-ii n the Northwest
Quarter of the 5outhwest Quarter of the Southwest Quarter of
Secti.on 4, Township 13 South, Range 3 West, San Bernardina Base
and Meridian, in the City of Encinitas, County of San Dieyo,
State of Cali-Fornia, according to United Statea Government
Survey, the North line of said strip of land being described as
f ol 1 ows;
Commenci ng at the aoutheast carner of- sai d IVorthwest Quarter of
the Southwest Quarter of'the Southwest Quarter o-F 5ection 4;
thence along the East boundary line of said Northwest
Quarter of trie Sauthwest QuartPr of the 5outhwest Quarter oT '
Section 4, North 010 31' 07" East (North 010 03' 16" West RECORD
per Parcel I`1ap IVo 3278 recoi-ded 12/5/1974 as F/F' 74-318065)
301.53 feet to the TRUE PQINT UF IIEGINNING; tfienc:e IVorth
~
5'7 i
PARCEL B( c ori t i n ued )
770 16' 52" West 303.132 to the F'UIfV1' UF TGRMINAI-IUId.
The si del i nes of sai d 20.00 foot wi de stri n of 1 ancJ ta be
prolonged or ahortenPd sG as to c.r eate. a cantinuou5 striN of
1 and 20.00 feet i n wi dth commenci ng at the L=ast bouridar-y 1 i ne of
saicl Northwest Quarter oT the Southwest Quarter of the Soutiiwest
Quarter of Sectinn 4 and tPrmi.natiny We=sterly i.n a 1ine that is
perpenrJi cul air wi th the North 1 i. ne of sai cJ stri p of 1 ancJ.
PARCEL C -
That portion of the 1Vorthwest Quart2r of tf-ie Sauthwest C2uarter
of the Southwest Quarter- of SPCtian 4, Tnwnship 13 Sauth, Range
3 West, San Hernardino Base and Meridian, in the City of
Enci ni tas, County of San Di ego, State of C:al i forni a, accordi ng
to United States Goveriiment 5urvey, being describecJ a.s follows;
Heqi nni ng at the Southea.st corner~- of sai d Northwest Quar-ter of
the Southwest Quarter of Lhe Southwest Quarter of Section 4;
thence along the East boundary line of said Northwest
G2uarter of the 5outhwest Quarter of the Sauthwest G2uarter o-F
5ection 4, IVorth 010 31' 07" East (North 010 03' 16" West RECORD
per Parcel Map iVo 3278 recorded 12/5/1974 as F/P 74-319065)
301.53 feet to the 'i'RUE POINT OF BEGINNING;- thence North 770 16'
52" West 12.I34 feet: therice North 62" 26' 25" East 14.46 feet to
the East boundary 1 i ne of sai d IVor•thwest Quarter of the
Southwest Quarter of the Sauthwest G2uarter of saicf Section 4;
. thence al ong sai d East tioundary 1 i rie aoui:h 01 °;:i1' 07" West 9.53
feet to the TRUE P[lIl'JT QF BEGINNIIVCa.
PAFiCEL U
That portiUn of the IVorthwest Quarter of the Southwest: Quarter
of the Soutl-iwest Quarter of 5ection 4, Township 13 South, Range
3 West,' San Bernardino Baae and f`leridian, in tf-ie City of
Enci ni tas, Caunty of San Di ego, State of Ca'1 i f arni a, accordi ng
to Uni ted States Government 5urvey, l yi ng wi thi n a 45.00 f oot
radius circle, the center of whicf-i is described as fallows;
Commencing at the Southeast curner-, of said Noirthwest Quarter of
the Southwest Quarter of the Southwest Quarter of 5ection 4:
thence a`1 ong the. East bounciar-y 1 i ne of tiai d Northwest Quarter of
the Southwest Quarter of the Southwest QuartPr of Secti ori 4.
North 010 31' 07" East (NGrth 010 03' 16" West RECORD per Parcel
fhap No 3278 recorded 12/5/1974 as f-'/P 74-310065) 301.53 feet;
thence North 770 16' SL" West 303.E32 feet; thence South 120 ' 43'
08" West 10.00 feet ta the cpntPr of sai d ci rc1 e wi th a radi us
of 45.00 f eet .
SEE EXHIBIT 8 ATTACHED HLRETU AIVD f`1ADE A PART HFREUF
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Executecl °this .41' day of e-m , 19
O ERe
By;
Gary . Bukamier
By:
[Signature;of OWNER must be notarizede Attach the appropriate
acknowledgement.]
~
OPFICIAL SEAI
a'' • BARRY H. EIIAS
Notayy PubllaCalifomia
ORANGE COUNN
My Commlsalon E~ ~•p Ires
Aupuet 27. 1993
INDIVIDUAL ACKNOWLEDGMENT 565
State of /l~ On this the ~ day of /uiQ-y 19~Z; before me,
County of ~f.~A45jE SS.
: the undersigned Notary Public, personally appeared
~~iZY ~ • ~v~,~ ~r-fle~'rL ,
~ ~3~,~.1 OFFICZSEAL ❑ personally known to me
BARRY H. ELIAS
proved to me on the basis of satisfactory evidence
Notary Public-Cailfornia
f ORANGE COUNTY to be the person(gwhose name(j subscribed to the
A~~ 2~ ~ 993rQS within instrument, and acknowled9ed that
execufed it.
WITNES my hend and official seaL
Notary's Signa e
A7TENTION NOTARY: Alihough the information requested below is OP110NAL, it could prevent fraudulent attachment of this certificate to another document.
Title or Type of Document -.r-l>
THIS CERTIFICATE ~ . .
MUST BE ATTACHED Number of Pages ~4~5 Date of Document ~~y ~ ve-2s
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
c NATIONAL NOTARY ASSOCIATION'D• 8236 Remmet Ave • P.O. Box 7184 • Canoga Park, CA 91304•7184
tf/04/Cov20251wp5 (3-18-91/1)` .