1991-201869 (2)
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, Recording Requested by: )
Cardiff Sanitation District )
' When Recorded, Mail to: )
District Engineer )
Ca.rdiff Sanitation District )
527 Encinitas Boulevard )
, Encinitas, CA 92024 )
For the benef it of the District ) SPACE ABOVE FOR RECORDERS' S USE
ONLY
. _ . . . . F' .
SEWER EASEMENfi
Assessor's Parcel Project TPM 89-087
No. 264-101-01 W.O. No: 0399R
Log No. N/A
Conrad Nissim Mori, a sinale man and Marianne McDonald,
Trustee under declaration of trust dated 04-13-72,
as j'oint tenants
hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do*a~) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
Grantee, a perpetual easement and right-of-way upon, through,
under, over and across the hereinafter described real property for
the installation, construction, operation, maintenance, repair,
regl?eement, and reconstructien of SEWER pipe 14-nes andJer ma,ns,
: manholes, sewer lateral pipe lines, and all structures incidental
thereto, together with the perpetuai right to remove buildings,
structures, trees, bushes, undergrowth, flowers, and any other
obstructions interfering with the use of said easement and right-
af-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
tf/my/cov2-116wp5 (9-27-89)
%
SCANNED
~w 1707 ~
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 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.
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
described, subject to the conditions above stated; and the grantee
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 fi11 said excavat:Lon as nearly as practicable to thz
level of the surrounding ground, and will replace any oiled,
asphalt or concrete surface with like material and will replace any
fence'removed by it.
tf/02/cov2-116wp5 (11-13-89/1)
~1708 Executed this IZA day of 1--E13 kcn1-+A°~ , 1991
^
` OWNER:
By : r
Conrad Nissim Mori
By : S--..e
M 'anne `Donald T stee
[Signature of OWNER must be notarized. Attach the appropr-iate
acknowledgement.]
~
;
,
f 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:
~ ~J l
Warren Shafer, District Manager
tf/my/cov2-116wp5 (9-27-89)
~
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st &
San DiegoTru Sav,ngS Ban'
,
.
Member F.U. L C 1709 ~ NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA i INDIVIDUAL
COUNTY OF SAN DIEGO j SS.
On this 8th day of Februa*y* * * i~the year 1991 before me, the undersiqned, a Notary Public in and for said County
and State, personellyappeared MARIANNE MCDONALD, TRUSTEE
[or proved to me on the basis of satisfectory evidence] '
to be the person(s) whose name(s) is/09 subscribed to this instrument, and
acknw ledged that*Wshe [ftqg executed the same.
' OFFICIAL SEAL
JAMES J. MARTI9V
NOTARY PUEiLIC CALIFORAf1A
0
Pr'(IMCIPAL OFFlCE IN
SAN Dlf_GO COIiNTY
~ My Commission Exp }uly 10, 1992
¢ Witness my hand and official seal:
Lo
, ~
[far notery seel or stemp]
otery's 5igneture
San Diego ~aln'gsBankl~~ Membe~F.~.~.~. NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA INDIVIDUAL ~
COUNTY OF SAN DIEGO } SS.
On this 12th day of _ Febru*r* *'t*e*ea ~r 1991 before me, the undersigned, a Notary Public in and tor said County
and State, personally appeared CONRAD NI S S IM MORI * * * ~ ~ ~ ~ * ~ * ~ * * * * *
[or proved to me on the basis of satisfactory evidence] to be the person(s) whose name[s] is/AXe subscribed to this instrument, and
aknDwledged that he/s%%PW executed the same.
OFRCfAL SEAL
~,9~P~~~a J. ~lAFt~TI~I
NO7Af2Y"Fl.{F3LIC CALfFORA%A
F"FtIMCIP,,~L ~fICE IN
SAi(d C}IfCiO COf1NTY
tRy Crnnmissron Exp Ju{y 10. 1992
¢ Witness my hand and official seaL•
[for notery seel or stemp)
otery's Signeture
. ~ ( 1710 ~
EXHIBIT IIAII
LEGAL DESCRIPTION
SEWER EASEMENT
A 28.00 FOOT WIDE STRIP OF LAND IN 7.'HE CITY OF ENCINITAS, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, OVER A PORTION OF THE NORTHWE3T
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 9, TOWNSHIF 13 SOTJTH, RANGE 3 WEST, SAN BERrdA.RDINO BASE AND
MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SUI2VEY APPROVED
NOVEMBER 19, 1880, THE EASTERLY SIDELINE OF SAID 28.00 FOOT WIDE
STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 9; THENCE ALONG
THE WESTERLY LINE OF SAID SECTION 9, SOUTH 01 °05' 51" WEST 63 . 01
F'EE'i' TO A POINT ON THE SOUTHERLY SIDELINE OF FORTUNA RANCH ROAD
HAVING A WIATH OF 60.00 FEET, SAID POINT ALSO B:EING THE BEGINNING
OF A NON-TANGENT 270.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A
RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 18°37'58" WEST;
THENCE LEAVING SAID WESTERLY LINE OF SAID SECTION 9 EASTERLY ALONG
3AID SIDELTNE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
2°07139" A11 ARC LENGTH OF 10.03 FEr.T; THENCE TANGENT TO SAID CURVE
r1GGRTH 7302914211 EAST 56.61 FEET `I'O THE TRUE POINT OF BEGINhIING;
THENCE LEAVING SAID SIDELINE SOUTH 14°21100" EAST 65.99 FEET TO A
TANGENT CUkVE, CONCAVE NORTHEAS'PERLY HAVING A RADIUS OF 193.00
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 22'19100" AN ARC LENGTH OF 75.17 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 36°40'00" EAST 56.10 FEET TO A TANGENT CURVE CONCAVE
, 1711 50UTHWESTERLY HAVING A RADIUS OF 207.00 FEET; THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 480 40100" AN ARC LENGTH
CF 175.82 FEET; 'I'HENCE TANGENT TO SAID CURVE SOUTH 12°00'00" WEST
80.69 FEET T<J A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF
124.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 18°30'00" AN ARC LENGTH OF 40.04 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 6030100" EAST 159.08 FEET TO THE
SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 9.
THE SIDELINES OF SAID 28.00 FOOT WIDE STRIP SHALL BE LENGTHENED
AND/OR SHORTENED SO AS TO TERMINATE NORTHERLY IN A LINE THAT BEARS
SOUTH 73°29'42" WEST THROUGH THE TRUE POINT OF BEGINNING AND
SOUTHERLY IN SAID SOUTHERLY LINE OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9.
. ~
OH:J W. HILL, Jit. L. S. 5663 LAND
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