1993-402817 " . - . . ; . . .E~ .
'
ry E v~' P r
. . 5~~r=° 7~ g y ~ 0 4~
_69 J~
'2"E 9@e 3"" i = ~s~'~
~ -w = a ~ p ~ a ~
522 .rg
0
. ' . . E 7h~ ~;~f'~'~Pet~f'
3~y~~ie~?_~L!Cu,R
3.~yG 1EGO LL !7T"~Ei;:! Ev~;i,.~~{ ti ~SErr~~~t,-,.-+i~ 1U!"~sf-r-~.*~
x~tit"~'[~ lrC
" ~;~ti~T 3 ~ ~.~a4t~~ ~ ~.7?!~T~' tFC±~RPr;
Recording Requested by: ) 6, ~rp
Cardiff Sanitation District ) ' E`' c°0'
)
Winen Recorded, Mail to: )
District Engineer ) Cardiff Sanitation District
505 South Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the District )SPACE ABOVE FOR RECORDERS'S USE
ONLY
SEWEFt EASEMENT
Assessor ° s Parcel Proj ect TM 92-101
No. 264-030-32 W. O. No e 3478 FM
GARY L. BUKAMIER
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
Grantea, 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
nqcessary 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. .
tf/04/cov2-251wp5 (3-18°91/1)
,
The real property referred to herein and made. subject to said
easement and right-of-way by this grant is si-tuated in the City of
Encinitas, County of 5an Diego, State of Califoxnia, 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 thE:ir 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 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 timese 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 Graritee Yiereby 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 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 materialo
tf/04/cov2-251wp5 (3-18°91/1)
, 5 2: .
EXHIBIT "A"
SEWER EASEMENT
AN EASEMENT FOR INGRESS, EGRESS AND UTILITY PURPOSES OVER, UNDER,
ALONG AND ACROSS A 32.00 FOOT WIDE STRIP OF LAND WITHIN PORTION3 OF
PARCEL 1, 2, 3, AND 4 OF PARCEL MAP 16913 AS ADJUSTED PER
CERTIFICATE OF COMPLIANCE RECORDED AS FILE/PAGES 93-0059446, 93-
0059447, 93-0059448, 93-0059449 RESPECTIVELY ALL RECORDED JANUARY
29, 1993. SAID CERTIFICATES OF COMPLIANCE BEING SHOWN ON RECORD OF
SURVEY 14100 ALL IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA THE CENTERLINE OF SAID STRIP DESCRIBED AS
FOLLOWSe
A STRIP OF LAND 32.00 FEET WIDE THE CENTERLINE THEREOF BEGINNING AT
THE CENTERLINE INTERSECTION OF LONE HILL LANE (60.00 FEET WIDE) AND
LONE HILL ESTATES COURT (FORMERLY BUKAMADA LANE) (32.00 FEET WIDE)
AS SHOWN ON PARCEL MAP 16913 RECORDED JULY 19, 1992 IN THE OFFICE
OF THE SAID COUNTY RECORDER; THENCE ALONG THE CENTERLINE OF SAID
LONE HILL ESTATES COURT S 89007'32" E(RECORD S 89°07'23" E) 270.85
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
CENTERLINE S 89007132" E 20.00 FEET TO A POINT COMMON TO SAID
ADJUSTED PARCELS l0 2, 3 AND 4 SAID POINT BEING ALSO THE BEGINNING
OF A 200.00 FOOT RADIU$ CURVE CONCAVE SOUTHERLY; THENCE ALONG THE
ARC OF SAID CURVE 14.25 FEET THROUGH.A CENTRAL ANGLE OF 04004°58"
TO THE POINT OF TERMINUS IN THE WESTERLY LINE OF PARCEL D OF THAT
t SEWER EASEMENT AS GRANTED TO THE CARDIFF SANITATION DISTRICT PER
DOCUMENT RECORDED JULY 3, 1992 AS FILE/PAGE 92-343259.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO
BEGIN IN A LINE THAT BEARS N 00 ° 52' 28" E AND PASSES THROUGH THE
TRUE POINT OF BEGINNING AND TO TERMINATE IN THE WESTERLY LINE OF
PARCEL D OF SAID CARDIFF SANITATION DISTRICT EASEMENT.
EXCEPTING THEREFROM THAT PORTION LYING WITH SAID PARCELS 1, 2& 4.
)FESSIn.
A. p ~ .
CA~
N~f. 9 77
3•~/95
CIV6x-
~ 4F CAL4~~~
6.15.93 PE 536