1992-127448
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2122
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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
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Recording Requested by:
Cardiff Sanitation District
SEWER EASEMENT
Assessor's Parcel
No. 265-355-19
Project
W.O. No.
CS-l08
CS-l08
Russell Robert Barnes
hereinafter designate Grantor(~, 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.
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2123
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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, 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 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 times. 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 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 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 material.
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2124
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Executed this Jdt day of
~IYlL~
, 19~.
OWNER: .1-;('y/" /
By: ~..,~---c. /'-/:./ú.., .-'
Russell Robert Barnes
By:
[signature of OWNER must be notarized.
~~~""Mlo~"QmQn~ 1
Attach the appropriate
1
San Diego J~r~~ Bank C
Member F.D.tC.
STATE OF CALIFORNIA} SS,
coumv 'ffÂN Olæ,~
On this day 0 J.. Ú ,in. T'9 year. e, the undersigned, a Notary Public in and for said County
and State, personally appear (: , ,-e I N
personally known to me [or proved to me on the basis of satisfactory evidence)
to be the person[s] whose name[s) is/are subscribed to this instrument. and
acknowledged that he/she [they] executed the same.
2125
T ARY ACKNOWLEDGMENT
INDIVIDUAL
OFFICIAL SEAL
MARLA MARTIN
NOT ARV PUBLIC. CAlIFORNIA
Pf<iNCIPAl OffiCE IN
SAN DiEGO coumv
M~ Co",mlSSlO" (xp A~,." 3, 1992
[for notary seal or stamp]
HeSOl.utl.on or sal.a .l::Soara aaop-cea on l"l.arcn ¿v, .L~/~" dIlU I.::JLc;IlL.~~
consents to the recordation thereof by ltS duly authorlzed offlcer.
Dated:
r~ l., J{' L
l (,
'\..-) Q,-,--- t~") v -~---
WARREN H. SHAFER, Dis 'ct Manager
Cardiff Sanitation District
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2126
J,N.91-o36,1
July 5, 1991
August 7,1991
VS
EXHIBIT "A"
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
Being a portion of Lot 24 of Rancho Las Encinitas, in the City of Encinitas, County of San Diego, State of California,
according to Map thereof No, 848, filed in the office of the Recorder of said San Diego County, June 27,1898, more
particularly described as follows:
BEGINNING at the most Southeasterly corner of Parcel 1 of that deed to Russell Robert Barnes recorded January
25, 1983 as File No, 83-025273 of Official Records said point being on the centerline of the Westerly prolongation of
Ninth Street in the Colony of Olivenhain according to Map thereof No. 326, filed in the Office of the Recorder of San
Diego County, July 8, 1885, said point also being on the centerline of an existing 30.00 foot wide road and public
utility easement; thence continuing along the Southerly line of said Parcel 1 and said centerline prolongation
1.
North 73009'00" West
15,73 Feet
to a point on the Westerly line of said 30.00 foot wide
easement; thence along the Westerly line of said easement
parallel to and 15 feet Westerly of the Easterly line of said
Parcel 1
2. North 0039'00" West 103,00 Feet to an angle point on the Northerly line of said Parcel 1;
thence continuing along the Northerly line of said Parcel 1
3, North 89021'00" East 15.00 Feet to the most Northeasterly corner of said Parcel 1 and the
centerline of said 30.00 foot wide easement; thence
continuing along the Easterly line of said Parcel 1
4, South 0039'00" East 107,73 Feet to the POINT OF BEGINNING.
Contains 1,580 square feet, more or less,
91D36,LGL
BARNEs-6
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JOß NO, 'f1.D8~,'
, SOWARDS NID BROWN ENGINEERING, INC.
CONSUlTING ENGINEERS
2187 NEWCAS1lE AVENUE SUITE 202
CARDIFf' BY tHE SEA. CA. 92007 (619) 436 5500
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2128
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded ~ as file/page No. ::, 1-231 £:7 - subordinated to
Easement For public Sewers ("DOCUMENT" hereinafter) Required As
Condition of Approval Of CS-l08 ;
Now, therefore, for valuable consideration, the receipt of which
is hereby acknowledged, the undersigned BENEFICIARY OR TRUSTEE
hereby waives the priority of said Deed of Trust in favor of said
DOCUMENT to the same extent as if said DOCUMENT had been executed
prior to said Deed of Trust. FEDERAL HOME LOAN MORTGAGE CORPORATION By
GMAC Mortgage Corporation of Iowa,
Its attorney-~n-fact
BENEFICIARY OR TRUSTEE
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Ll\~v~() ; Ld\¡Y~)
pn 1111 p J. 0 b
Title: Vice-President
/r) ~ IV"! () - 6;1 (
DATED
By:
signature of BENEFICIARY or trustee
to be notarized. Attach the
appropriate acknowledgement.
I certify on behalf of the Board of Directors of the Cardiff
Sanitation District, pursuant to authority conferred by Resolution
of said Board adopted on that the Cardiff
Sanitation District consents to the making of the foregoing
Subordination Agreement, and consents to recordation thereof by its
duly authorized officer.
Date
"; l, C( L
By
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\.1--' (:l....,-_--,~. -' ~-
WARREN H. SHAFER, Di rict Manager
Cardiff Sanitation District
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STATE OF IOWA)
)
COUNTY OF BLACK HAWK )
ss
On this 20th day of December, 1991, before me, a notary public
in and for the State of Iowa, personally appeared Phillip J. Cobb,
to me personally known, who being by me duly sworn, did say that he
is the Vice-President of said corporation, that the seal affixed to
said instrument was signed and sealed on behalf of said corporation
by authority of the Board of Directors, and said Phillip J. Cobb
acknowledged the execution of said instrument to be the voluntary
act of said corporation.
,~..~~:~I..I. "',
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JOYCE CLARK
IMYMfSl1AtL$XPIRES
(Notar~c ~~or the state
of Iowa) Joyce Clark
..~~_...__...
My Commission Expires
September 3, 1994