1991-12361
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1959
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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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) SPACE ABOVE FOR RECORDERS'S USE
ONLY
Recording Requested by:
Cardiff Sanitation District
SEW!'~ f:ASEME~
Assessor's Parcel
No. '64-":\1-18
Project TM 4400
W.O. No. 90S0J
Log No.
BÞJ',-P,ATT M'ffiRICAN INCORPORATED, a Delaware Cornoration
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hereinafter designate Grantor(s), owner(s) of the hereinafter
described lands, for a valuable consideration, do (as) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
Grantee, a perpetual easement and right-of-way upon: through,
~!r:."~~'. ;}"~'!. :!:nd acr")ss the here lnafter descr.i.~ed real property for
the installation, construction, operatio:.,; maiuteNlm::~, ,:::ep1\ir,
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 assiqns 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 m,ay deem proper, needful or necessary in the
construction, reconstruction and maintenance of said sewer lines
or structures incidental thereto.
To have and to bold 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 y easement, to other
, public agencies.
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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 County
of San Diego, State of California, and is particularly described
as follows:
See Exhibit "A" and Exhibit liB" attached hereto and made a part by
hereof by this reference.
The Grantors may, at their own risk, use the surface of the above
de~cribed real ?roperty in a ma~ner that will not interfere with
or be detrimen't:al to use of said easement: and rIght-of way by
Grantee, its successors and assigns, provided no trees shall be
planted or grown thereon.
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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 success?rs 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
lin~ by in, any e)'cavation made by it in the above described
easrment and right-of-way it will backfill any such excavation ~ade
by 1t 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 wilt replace any
fence removed by it.
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1961
EXHIBIT "A"
The Westerly 30.00 feet and the Northerly 30.00 feet of Parcell
of Parcel Map No. 6585, in the City of Encinitas, County of
San Diego, State of California, filed in the Office of the
County Recorder of San Diego County.
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1963
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day of
Executed this
:~q ~oo: I~CORPORATED
Brian. Angelini
Senior Vice-President
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[Signature of OWNER must be notarized.
acknowledgement.]
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Attach the appropriate
STATE OF CALIFORNIA i
COUNTY OF _BANDIRGfl - Iss.
On__J:)EÇEI1bß1L31~-19~O- - -- - --I
said :tate, personally appeared~ ~RL~;_-J~-=A~G:E:~~;: :e~ the undersigned, ä Notary Public in and for
*----_n__- 'It - -- * - - - - - -- -_and
basis of satisfactory evidence) to be th '-- - -- - -- -- -- --, --, personally known to me (or proved to me on the
e persons who executed th "
-- ~]:RIOR VICE. e within instrument as_- ---
-- ------ President and___* * -- - -- - ----
----BARRATT ^ MvnJ -- -- ------ --_Secretary, on behalf 01. ----
-~ C'.AN TNC'.ORPORATF..D ------ ----
the corporation therein named and k - --- ,
, ac nowledged to me that
such corporation exec t d th '.
u e e within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my h/¡ and official seal.
SiOM'"" IJo t, ?;¿¿';{'f& f/ .r,L
PATRICIA L. BEVI ----
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?FFICt,'\L SEAL
.P~1RIC A L. BEVIL
hO',ilr',,' P' ""'IC Cui f
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SAN DIEGO COUNTY
onveyed by
DISTRICT a
)y accepted
lferred by
nd Grantee
!d officer.
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(This area for official notarial seal)
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Dated:
WARREN H. SHAFER, District Manager
Cardiff Sanitation District
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1964
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SUBORDINATION AGREEMENT
Whereas, those parties concerned desire to have the Deed of Trust
recorded \'Z-"?\-qo as file/page No.4o-(oq2.C;8'~ subordinated
to Easement for Public Sewers Required as Condition of Approval of
TM 4400 ("DOCUMENT" hereinafter);
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.
Dated
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Beneficiarv
Barry E. Rothenberg and
Wendy W.H. Shih,
Husband and Wife as Joint Tenants
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Rothenberg / ."~ ,"
By: ,~ I'\IV""!
Barry E .\
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By'. ,/, .. .' ( ¿' '.. ~i
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Wendy W. H. Shih
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STATE OF CALIFORNI~
COUNTY OF San D1ego
On December 27,
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Iss,
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1990 before me, the undersigned, a Notary Public in and for
BarÍ:y'E~ Rothenberg and Wendy W.H. Shih--
said State, personally appeared
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~all~ k"o.." tome (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) is/are sub- r~~.,--,..,..^,..J"'-'^--~/'--'^-,-^_,-^- ""-"
scribed to the within instrument and acknowledged to me that) '.' "
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he/she/theyexecuted'!,he same,
WITNESS my ha~d an~~~ièial ~~aXJ'
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Signatlìœ ...././UL--.' i./--- " .
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1965
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 IIJ..1/{!!I :;(t! / c¡ 71 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
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BYW~~~
WARREN H. SHAFER, District Manager
Cardiff Sanitation District