1990-55395f�
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Recording Requested by:
Cardiff Sanitation District
ti t0 055395
iLF SAN G:E {4, i, 1 A r. C
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When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
527. Encinitas Boulevard
Encinitas, CA 92024
For the benefit of the District
} L C00TYVrC0FDER
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)SPACE ABOVE FOR RECORDERS'S USE
ONLY
SEWER EASEMENT
Assessor's Parcel Project TM 88 -115
No. 264- 240 -04 W.O. No, 82811
Log No, 282
DANIEL H.,,[WIEGAND, TRUSTEE OF THE DANIEL H. WIEGAND TRUST DATED
NOVEMBER 19, 1986 .
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 -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,
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 Lewer lines
or structure's 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)
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to convey said easement, or any portion of said easement,
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 "Al' 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 backf ill 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 material and will replace any
fence removed by it.
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Executed this 137ji day of Q C- Q _ , 19 f
OWNER:
DANIEL H. WIEGAND, TRUSTEE
OF THE DANIEL H. WIEGAND TRUST
DATED NOVEMBER 19, 1986
By: G!r
(Signature of OWNER must be notarized. Attach the appropriate
acknowledgement.)
z
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: 1990
tf /my /cov2- 116wp5 (9- 27 -89)
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
ON - L3r,�l -- BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOFE SAID�SYAYE,
PERSONALLY APPEARED. DANIEL H. WIEGAND (PERSONALLY..
KNOWN TO ME)(PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE) TO BE THE TRUSTEE OF THE
DANdEL H.WIEGAND TRUST, THE TRUST THAT EXECUTED THE
WITHIN INSTRUMENT,, AND ACKNOWLEDGED TO ME THAT SAID
TRUST EXECUTED THE SAME.
WITNESS MY HAND AND OFFICIAL SEAL,
MY COMMISSION EXPIRES 3U /�lI
--c -- - - - - --
ARY PUBLIC IN AND, FOR, SAID s�rAT[
OFFICIAL SEAL
JANICE N. SWENSON
N07ARY PUSUC - CAUFORNIA
SANOIEGOCOUNTV
My Comm 6paa March l0, 1990
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EXHIBIT "A"
THAT PORTION OF LOTS 1 AND 2 IN SECTION 81 TOWNSHIP 13 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL
PLAT .THEREOF,. TOGETHER WITH THAT- PORTION OF LOT 16 OF THE
SUBDIVISION OF RANCHO DE LAS ENCINITAS, ACCORDING TO MAP THEREOF
N0, 848, FILED IN THE OFFICE.OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 27, 18981 ALL BEING IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS:
PARCEL A
BEGINNING AT THE SOUTHEAST CORNER OF RECORD OF SURVEY 10173 BEING
A POINT ON A 780.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL
LINE,TO SAID POINT BEARS. SOUTH 76054131" EAST; THENCE NORTHERLY
50.60 FEET ALONG THE EASTERLY LINE OF RECORD OF SURVEY 10173
BEING THE CENTERLINE OF LONE JACK ROAD, THROUGH A CENTRAL ANGLE
OF 3'43102 "; THENCE NORTH 9' 22'27" EAST A DISTANCE OF 175.65
FEET TO THE BEGINNING OF A TANGENT 575.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE NORTHERLY 82.68 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 8'14'1811; THENCE NORTH 1608109" EAST
23.00 FEET; THENCE LEAVING SAID CENTERLINE OF LONE JACK ROAD
NORTH 80051'51" WEST A DISTANCE OF 30.29 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 1008109" EAST 43.20 FEET BEING A POINT
OF CUSP WITH A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
20.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS SOUTH 88851151"
EAST; THENCE SOUTHERLY, SOUTWESTERLY AND WESTERLY 34.21 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 98800'0011; THENCE
NORTH 80051151" WEST 73.36 FEET TO THE BEGINNING OF A TANGENT
220.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY
129.30 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33840'
3211; THENCE SOUTH 65927137" WEST 92.65 FEET TO THE BEGINNING OF A
TANGENT 520.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
WESTERLY 70.11 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
7'43'30 "; THENCE SOUTH 73811'07" WEST 277.32 FEET TO THE
" BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
THENCE WESTERLY 18.16 FEET THROUGH A CENTRAL ANGLE OF 52'01112"
TO THE BEGINNING OF A 45.00 FOOT RADIUS REVERSE CURVE CONCAVE
SOUTHERLY, EASTERLY AND NORTHERLY, A RADIAL LINE TO SAID
BEGINNING OF REVERSE CURVE BEARS NORTH 35012' 19" EAST' THENCE
WESTERLY, SOUTHWESTERLY, SOUTHERLY, SOUTHEASTERLY, EASTERLY AND
NORTHEASTERLY 223.08 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 284'02'25" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO
SAID BEGINNING OF REVERSE CURVE BEARS NORTH 68'50105" WEST;
THENCE NORTHEASTERLY 18.16 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 52'01'12"; THENCE NORTH 73611107" EAST 277.32
FEET TO THE BEGINNING OF A TANGENT 560.00 FOOT RADIUS CURVE
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EXHIBIT "A"
THAT PORTION OF LOTS 1 AND 2 IN SECTION 81 TOWNSHIP 13 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL
PLAT .THEREOF,. TOGETHER WITH THAT- PORTION OF LOT 16 OF THE
SUBDIVISION OF RANCHO DE LAS ENCINITAS, ACCORDING TO MAP THEREOF
N0, 848, FILED IN THE OFFICE.OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 27, 18981 ALL BEING IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS:
PARCEL A
BEGINNING AT THE SOUTHEAST CORNER OF RECORD OF SURVEY 10173 BEING
A POINT ON A 780.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL
LINE,TO SAID POINT BEARS. SOUTH 76054131" EAST; THENCE NORTHERLY
50.60 FEET ALONG THE EASTERLY LINE OF RECORD OF SURVEY 10173
BEING THE CENTERLINE OF LONE JACK ROAD, THROUGH A CENTRAL ANGLE
OF 3'43102 "; THENCE NORTH 9' 22'27" EAST A DISTANCE OF 175.65
FEET TO THE BEGINNING OF A TANGENT 575.00 FOOT RADIUS CURVE
CONCAVE WESTERLY; THENCE NORTHERLY 82.68 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 8'14'1811; THENCE NORTH 1608109" EAST
23.00 FEET; THENCE LEAVING SAID CENTERLINE OF LONE JACK ROAD
NORTH 80051'51" WEST A DISTANCE OF 30.29 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 1008109" EAST 43.20 FEET BEING A POINT
OF CUSP WITH A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
20.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS SOUTH 88851151"
EAST; THENCE SOUTHERLY, SOUTWESTERLY AND WESTERLY 34.21 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 98800'0011; THENCE
NORTH 80051151" WEST 73.36 FEET TO THE BEGINNING OF A TANGENT
220.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY
129.30 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33840'
3211; THENCE SOUTH 65927137" WEST 92.65 FEET TO THE BEGINNING OF A
TANGENT 520.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
WESTERLY 70.11 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
7'43'30 "; THENCE SOUTH 73811'07" WEST 277.32 FEET TO THE
" BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;
THENCE WESTERLY 18.16 FEET THROUGH A CENTRAL ANGLE OF 52'01112"
TO THE BEGINNING OF A 45.00 FOOT RADIUS REVERSE CURVE CONCAVE
SOUTHERLY, EASTERLY AND NORTHERLY, A RADIAL LINE TO SAID
BEGINNING OF REVERSE CURVE BEARS NORTH 35012' 19" EAST' THENCE
WESTERLY, SOUTHWESTERLY, SOUTHERLY, SOUTHEASTERLY, EASTERLY AND
NORTHEASTERLY 223.08 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 284'02'25" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO
SAID BEGINNING OF REVERSE CURVE BEARS NORTH 68'50105" WEST;
THENCE NORTHEASTERLY 18.16 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 52'01'12"; THENCE NORTH 73611107" EAST 277.32
FEET TO THE BEGINNING OF A TANGENT 560.00 FOOT RADIUS CURVE
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EXHIBIT "A"
(CONTINUED)
' CONCAVE NORTHERLY; THENCE EASTERLY 75.50 FEET ALONG SAID CURVE
TIiROUGH A CENTRAL ANGLE OF' 7'43'30 "; THENCE NORTH 65'27137" EAST
92,65 FEET TO THE BEGINNING OF A TANGENT 180,00 FOOT RADIUS CURVE
! CONCAVE SOUTHERLY; 'THENCE EASTERLY 105,79 FEET ALONG SAID CURVE
THROUGH T_ CENTRAL ANGLE OF 33'40132 "; THENCE SOUTH 80'51151" EAST
Ili 84.50 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY; THENCE EASTERLY, SOUTHEASTERLY AND
SOUTHERLY 29,02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
83007'4711 TO A POINT OF CUSP WITH A CURVE CONCAVE WESTERLY AND
HAVING A RADIUS OF 545.00 FEET AND TO WHICH POINT A RADIAL LINE
BEARS SOUTH 87'44'04" EAST; THENCE NORTHERLY 10.75 FEET ALONG
SAID CURVE. 'THROUGH A CENTRAL ANGLE OF 10071471y; THENCE NORTH
1'08'09" EAST 27.22 FEET TO THE TRUE POINT OF BEGINNING,
PARCEL B
BEGINNING AT THE AFORESAID TRUE POINT OF BEGINNING; THENCE NORTH
1' 08'09" EAST 59,92 FEET; THENCE NORTH 88051151" WEST 59.61 FEET
TO THE BEGINNING OF A TANGENT 206900 FOOT RADIUS CURVE, CONCAVE
SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE' OF 27'44134" A DISTANCE OF 99.75 FEET; THENCE
TANGENT TO SAID CURVE. SOUTH 63'23'35" WEST 7.45 FEET TO A POINT
ON THE NORTHERLY LINE OF THE AFORESAID PARCEL A SAID POINT BEING
ON THE ARC OF A NON- TANGENT CURVE CONCAVE SOUTHERLY, HAVING A
RADIUS OF 220,00 FEET , A RADIAL LINE BEARS NORTH 8017146" WEST
TO SAID POINT; THENCE EASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 17'25155" A DISTANCE OF 66.93 FEET;
THENCE TANGENT TO SAID CURVE, SOUTH 80'51'51" EAST 73.36 FEET TO
THE BEGINNING OF A TANGENT 20,00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 98'00'00" A DISTANCE OF 34,21 FEET;
THENCE SOIMH 1008'09 WEST 43,20 FEET TO THE TRUE POINT OF BEGINNING
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