1990-308803
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Recording Requested by:
Cardiff Sanitation District a
When Recorded Mail to: f~ ) € ~
District Engineer jul" 9 if,
Cardiff Sanitation District
527 Encinitas Boulevard Encinitas, CA 92024 No FFF
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE
ONLY
DOCUMENTAR_Y_ TRMSff.~ TM
aEWER EASEMENT
Assessor' s Parcel Proj ect TM 88-245
No. 264-171-62, 63 W. 0. No. 92111
Log No. 377
01-ivenFiain Development Partners
hereinafter designate 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 easement and right-af-way upon, through,
under, over and across the hereinafter describecl 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,
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
tf/my/cov2-116wp5 (9-27-89)
SCAN Enuft
~ 1477 <<
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-af-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
cantinued 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 wi11 backfill any such excavation made
by it so as to fill said excavation 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
fence removed by it.
tf/02/cov2-116wp5 (11-13-89/1)
~ 147II Executed this day of v&L . , 19
OWNER:
By: ~
By:
jrv Xl-~
[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 s L--- y/o W '7j
tf/my/COV2-116wp5 (9°27-89)
. . ~ . 1 `3 79 ~ "EXHXBIT A"
Bea,t►g a Portion of 131ocfcs 74 and 75 of th,e Colony dlivenhain, according tio
Map thereof -No. 326, filed 3.n the 4ffice of the County Recarder of 5an
l7iega County, JuJ.y 8, 1$85, tosether with a portion of "G" 5treet vacated
and cXascd to public use on August 2$, 1924, by resalution of the Aoard of
Supervisozs of SAn Diego, rccordedaAugust 28, 1924 in the Baok 751, Page
423 of Deeds and a portion of 12th Strcet vacated snd clased to public use
further descrabed as fol7.ows:
Ecginning at the point of intexsectivn of the Southerly linc of Block 76
a£ said CoJ.ony 0livenhain with tha Westerly line of County Road SurvEy
554, a copy of said suxvey being or~ fi1e 3.n the Q££icE of tkac County
Sarveyor of San Diego Couratyt said point being also the most SouthcrZy
carner of that land described in a dced to Tadaso Tsuda, at ux, recarded
Mmy 1, 1959 as Fi1e No, 75955 of Official Records;
Thence wezterly along said Southerly line North 73°45'13" West a distance
of 547,03 fect to the True Paint of Beginning;
Thencc tontinuing wester7.y NorL•h 73°45' l,3" West a distance of 80.00 feet
to the paint of cusp wiCh a 20.00 foat radius Guxve, cancave
nozthwesCGxly; _
xhencc castcrly along said curve thrvugh a eentral angle of 90°00'00" an
arc distance of 31.42 feet to the bEginning of a revcrse 220.00 foat
radius curve, cancave easterly;
: Thence nartherly along said reverse curve th.rough a central anglc o£
11°51'S1" an axc dxstance of 45.55 feet;
Tlxcnce tangcnt ta szi.d reverse cuzve Nvxth 2$°06'37" East s distanco of
30.00 feet to Che begxnnin,g of a tangent 430.00 foot radius curve, concave
wcsCezly;
Thence northerly along said curve through a centra1 ang1e of zi ° 18' 01" an
arc distar►ce of 204.89 feet;
Thence tangent Co said curve Norrh 00°48'36" East a distance of 24.00 fcet
to the bcg3nning of a tangeat 22.00 foot radius curve, concave westerly;
Thence northcrly aloag sai.d curve through a central angle of 53°07'4$" an
mrc distance of .20.40 feet eo the beginnirig of a reverse 4$.00 foot rndius
curve, concave sautherly;
Thence northerly along. said xevexse curr►e through a centraX angle of
286°15'37" an arc distance of 239,$2 feet ta the begin,ning of a reverse
22.00 fooe radius curve, coracave easterly;
Thence southerly along said reverse cusve through a central ang].e of
. 53°a7'49" an arc distance of 20.40;
Thence tangent Co said revexse curve 5outh 00°48'36" West a distnnce of
24.00 to the beginning of a tangent 470.00 foot radius curve, concave
westerly;
Thence souCherly along said curvE through a centz'al angle of 27°1$'OX" an
nrc distance of 223.95;
Thence tangen:r to said curve Sou'tka 2$°06'37" West a distance of 30.00 feet
to the beginning of a tangent 180,00 foat radius Gurve, ConCavG easterl.y;
Thence southerly along said curve thxaugh a central ang7.e o£ 11°51' SU" an
arc distance of 37.27 feet to the beginn3.ng of a compound 20.00 foot
radius cuz-ve, Goncave nartheasterly;
Thence southez`ly along said curve through a centrax anSle of 90°00'00" ar►
nrc distance of 31.42 feet to Che True Foint of Beginning.
(SaXd Portiori contains 0,4$3 aeres)
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u~ N0, BEARING DZSTANCE
`Q. Ti N73°45'13 "W 80.00' '
y '1'2 N80°06'37"E 30,00'
73 N00'48'36"6 24.00'
1'4 NOO° 4q' 36"E 24. 00' ~
75 N26 ° 06' 37"F 30, 00'
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, N0. DEL7A RADIUS LENG'PM ~j
CS 90'00'00° 29.00' 31.42' Q
C2 11051'51" 280,00' 45.55' ~
C3 27°:8'01" 430.00' 204.89'
. ' CA 58`07'48" 22,00' 20.40'
C5 296'15'37" 48.00" 2~!19.82'
C8 271118'01" 470.00' 223.95' ~
C7 11°51'S0" 180.00' 37.27' 0
CB` 90° 00' 00" 20:00' 31 .42'
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EXW113IT '!B." LANDMuut lNGMERrnG
SftJER EfiSEME~tT TO CkRDTFF SAI~lT;A TIDN coz~o~tA~oN
E 3500 FStl.h AS^ottua, 9u1ta 307
DYSTRZG'i' F4R I"M 88 °24'f5 c San Diepo, CA 92103
(615) 260-0420
~ - -
STATE OF CALIFORNIA ) (Acknowledgement)
) ss.
~ County of San Diego ~
~ 4th JUNE 90 MICI~LLE H. GRID~Y
On this day of , in the year 19 , before me,
a Notary Public in and for the said Count and State residin therein duly commissioned and sworn, personally
o c~ ~ TERRILL A. S''hWAR'1~ AND J~FFREY9 BRIMS------------------------
a appeared
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~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s):
r ►-i ~ INDIVIDUAL) Whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it.
a ~ a CORPORATION) Who executed the within instrument as president and
secretary, on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its articles and by-laws and a resolution of
~ its Board of Directors.
PARTNERSHIP) That they executed the within instrument on behalf of the part-
nership, and acknowledged to me that the partnership executed it.
I ~ = IN W~T SS WHEREOF, I h "ereunto set my hand and affixed my official seal, in and for said County and State,
the, ay d ye rlirs 1a ov wn en,
OFFICIAL SEAL
, otary Public in and for said County an7St~at alifornia kll(HEIIE H. GRIDLEY
NOTARY PUBIIC- CALIFORNN
My commission expires: JAN. 3 s~riaEcocoUrtr
Ny Comm. Exoires Jen. 16,1l93
Fa1a .