1993-92653 (2)
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Recording Requested by: ) kEHISu
Cardiff Sanitation District
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. 264-240-03 & 13 W.O. No. GS 146
CHRISTOPHER S. LLOYD, TRUSTEE OF THE GREGORY TRUST UNDER THE WILL OF
MARGARITA Z. LLOYD DATED SEPTEMBER 11, 1980 ; CHRISTOPHER S. LLOYD,
A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY ; GREGORY CLEARY,
A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY,
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
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, :
SCAmNNED
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, a-..d is
j particularly described as follows:
I
See Exhibi.t "A" and Exhibit "B" attached hereto and made a g.art by
hereof by this reference.
The Gran-tors 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 Gra.ntee,
its successors and assigns, provided no trees shall be plarntZed or
grown thsreon and the entire area encumbered by the sewer easament
shall be graded, flat and unobstructed at all times, a:nless
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 withim, said
easement and right-of-way, any buildings or structures oz- any
i 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 sha?1 be
provided with a key at all times. In addition, Grantors, their
successors or assigns, will be responsible for all existing
improvernents 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 suceessors or
assigns, from crossing over said real property and agrees that the
Grantors, their heirs, successors and assigns may enjoy the
continue
d 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 r,ightaof-way Grantee will backfill any such excavation made by
it so as to fil.l 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.
tfJ04/cov2-251wp5 (3-18-91/1)
,
i ( 1446
Executed this day of , 19 43
OWNER:
By•
' BY.
[Signature of OWNER must be notarized. Attach the appraDriate
acknowledgement.]
f
This is to certify that the interest in real property conveyed by
I the foregoing deed or grant to the CARDIFF SA,NITATION 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 reaordation thereof by its duly authorized officer.
Dated:
i r-nrdfpf H. SHA FER, District Manager
f Sanitation District
,
~ tf/04/cov2-257.wp5 (3-18-91/1)
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1447
STATE OF CAUFORNIA )
)
~ County of ~rrt~ t~ )
fore me, the undersi9ned, a NotarY Public in
and for said State, perionaliy eppeared
A~~
on
personally known to me or proved to me on the basis of satiafactory evidence to be the peraon(s) whoee neme(s)
~ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
O(u; ~
his/hedtheir authorized capacity(ies), and that bY his/herftheir
.
signeture(s) on the instrument the person(s), or the entiry upon
~ o
I F'' 4) S behaM of which the person(s) acted, executed the instrument.
, • ~ ~ 2 , ON'E'ICIAF, 'S~AL i
~V~1NCY 6(R~LiCK
W . ° NOTAflY PUF3LIC ~ CALIFORNIA .
w~~ ~ SAN DiEGO CqUNTV
, y~ Q: . A1y Comsr,. EspirssJuly 1 1994 .
WITNESS my hand and official seal. ~ - -
Signature
, I
STATE OF CALIFORNIA
County of San Diego
On January 27, 1993, before me, HEIKE J. HOLTMAN, personally appeared
GREGORY CLEARY, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the
person, or entity upon behalf of which the person acted, executed the
instrument.
011. OFFICIAL SEAL
WITNESS my hand and official seal. •e HEIKE J. HOLTMAN
NOTARY PUBLIC-CALIFOHNIA
~ ~Z SAN DIEGO COUNTY
o PAY COMMISSION EXPIRES
MAY 6,.1984
n
NotarY's Si nature (Notary's Seal)
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I _ _ _
1448
, i
EXHIBIT A
LEGAL DESCRIPTION
LOTS 1, 3, 4 AND 7 OF CITY OF ENCIAiITAS TRACT 87-041, IN THE
CITY OF ENCINITAS, COUNTY OF 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,
TOGETHER WITH ALL THAT PORTION OF LOT 1 IN SECTION 8, TOWNSHIP
13 SOUTH, RANGE 3 WEST, 5AN BERNARDINO MERIDIAN, ACCORDING TO
THE OFFICIAL PLAT THEREOF, TOGETHER WITH THAT PORTION OF LOT 16 ~
OF THE SUBDIVISION OF RANCHO DE LAS ENCINITAS, IN THE CITY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0. 848, FILED IN THE OFFICE OF COUNTY RECORDER
OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, JUNE 27, 1898,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE 50UTHWEST CORNER OF SAID LOT 16; THENCE !
EA5TERLY ALONG THE SOUTH LINE OF 5AID LOT 16, 696.78 FEET;
THENCE NORTH 20 25' 19" WEST 475.03 FEET ; THENCE NOR 87° 34' ~
51" EAST 669.02 FEET TOTHE TRUE POINT OF BEGINNING ; THENCE
SOUTH 87° 34' 51WEST ; THENCE NORTH 2° 25' 19° WEST TO THE
SOUTH LINE OF THAT 30.00 FOOT PIPELINE EASEMENT'GRANTED TO
OLIVENHAIN MUNICIPAL WATER DISTRICT, RECORDED JULY 25, 1977 AS
FILE NO. 77-296591 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY
; THENCE EASTERLY ALONG THE 50UTH LINE OF SAID PIPELINE
EASEMENT, TO THE CENTERLINE OF COUNTY ROAD SURVEY NO. 554,
(KNOWN AS LONE JACK ROAD) AS SHOWN ON RECORD OF 5URVEY N0. 6085
, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON AUGUST 14,
1962, THENCE SOUTHERLY ALONG SAID CENTERLINE, TO ITS
INTERSECTION WITH A LINE THAT BEAR5 NORTH 710 12' 24" EAST FROM
THE TRUE POINT OF BEGINNING ; THENCE SOUTH 71° 12' 24" WEST TO
THE TRUE POINT OF BEGINNING.
END LEGAL DESCRIPTION
1
, 449
EXHIBIT B
SEWER EASEMENT
SEWER EASEMENT, 10.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE, UNLESS 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 LUNE JACK ROAD
AND SAID POINT BEING THE TRUE pOINT OF BEGINNING OF THE
EASEMENT HEREIN DESCRIBED ;
THENCE NORTHERLY ALONG THE CENTERLTNE OF LONE JACK ROAD
NORTH 190 18' 55" WEST 62.79 F$ET; 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 49°
39' 37" WEST 182.05 FEET TO APOINT ON THE CENTERLINE OF DOUBLE
LL RANCH ROAD AS SHOWN ON CITY OF ENCINITAS TRACT 87-041, IN
THE CITY OF ENCINITAS, COUNTY OF 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 69° 08' 08" EAST 381.02 FEET TO THE CENTERLINE OF
LONE JACK ROAD A5 SHOWN ON SAID MAP NO. 12816 ; THENCE
RETRACING WESTERLY ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD
SOUTH 690 08'08" WE5T 381:02 FEET ; THENCE CONTINUING WESTERLY
ALONG THE CENTERLINE OF DOUBLE LL RANCH ROAD SOUTH 690 08' 08"
WEST 147.00 FEET ; THENCE LEAVING THE CENTERLINE OF DOUBLE LL
RANCH ROAD SOUTH 710 38' 16" WEST 299.56 FEET T0 A POINT ON THE
CENTERLTNE OF DOUBLE 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 CENTERLINE 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 RADIU5 CURVE ON THE CENTERLINE OF
DOUBLE LL RANCH ROAD, CONCAVE SOUTHERLY ; THENCE NORTH 870 25'
04" EAST 153.00 FEET ALONG THE SEMI-TANGENT FROM THE POINT OF
INTERSECTION OF SAID CURVE AND ALONG THE CENTERLINE OF DOUBLE
LL RANCH ROAD TO THE INTERSECTION OF THE CENTERLINE OF DOUBLE
LL RANCH ROAD WITH THE CENTERLINE OF CALLE 47 AS SHOWN ON 5AID
MAP 12816 ; THENCE SOUTHERLY ALONG THE CENTERLINE OF CALLE 47
SOUTH 20 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 DESCRIBED, THE END OF THE
EASEMENT BEING 10.00 FEET SOUTHERLY OF THE CENTER OF: THE CUL-
DE-SAC ON CALLE 47 A5 SHOWN ON SAID MAP 12816.
END SEWER EASEMENT DESCRIPTION
I