1991-470299
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791
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Recording ,Requested by:
Cardiff Sanitation District
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) SPACE ABOVE FOR RECORDERS I S USE
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When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
527 Encinitas Boulevard
Encinitas, CA 92024 .
For the benefit of t~Eis~rict
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.;JM7~"" f!,. " SEWER EASEMENT
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Assessor's Parcel
No. 265-026-14,
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proj ect 'I'M 90-073
"W~O. No.' 1035 J'
Log No. N/A'
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Bumann Ridge, Inc., a California Corporation
hereinafter designate Grantor., owner of the hereinafter
described lands, for a valuable consideration, do(es) hereby GRANT
and CONVEY to the Cardiff Sanitation District herein designated
Gra,ntee, 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 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)
792
,to ðonvey 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" 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 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 and Will replace any
fence r'emoved, by it.
tf/my/cov2-116wp5 (9-27-89)
793
Executed this 2-:;--
day of
TJlI1'C-. -
, 19 '1'/.
OWNER:
By:
By:
(Signature of OWNER must be notarized.
acknowledgement.]
Attach the appropriate
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.
Dat~d:
9-'l-q(
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W~¡¿&;"N ~,~'lí4;::ER ¡)/JTÆ/c.r /HAN/I~~
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CIht:o/.rF J"AN/77I-r/ON O/J7i!:/ c:r
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tf/my/cov2-11'6WP5 (9-27-89)
794
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STATE OF CALIFORNIA)
COUNTY OF S C;, I j)1~;/L' ) SS
ON '..I lot 'i f J J/ / f 1/ BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE,
PERSONALLY APPEARED BRUCE D. WIEGAND (~~
Iffit7WN -~B----+fE) (PROVED '1'0 ME ON THE BAS I S OF
SATISFACTORY EVIDENCE) TO BE THE PRESIDENT
AND ----- ----- ------------- (PERSONALLY KNOWN TO
ME)(PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE SECRETARY OF BUMANN
RIDGE, INC. THE CORPORATION THAT EXECUTED THE
WITHIN INSTRUMENT, (PERSONALLY KNOWN TO ME) (PROVED
TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE
THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON
BEHALF OF THE CORPORATION HEREIN NAMED, AND
ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED
THE WITHIN INSTRUMENT PURSUANT TO ITS BY-LAWS OR A
RESOLUTION OF ITS BOARD OF DIRECTORS.
WITNESS MY HAND AND OFFICIAL SEAL.
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NOTARY SIGNAT~REi7 /
NAME: !-) / /;S(.I) ,JU/{,; /¡rì
PRINCIPAL PLACE OF BÚSINESS: .2 r,
MY COMMISSION EXPIRES: 3/5 67 ¿
/ r~I)/;'III/tf.5
"
795
SHEET 1 OF 3 SHEETS
EXHIBI'r
"A"
LEGAL DESCRIPTION
SEWER EASEMENT
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 15333 IN THE CITY OF
ENCINITAS, COUNT~ OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED
AUGUST 5, 1988 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1 BEING A POINT
ON THE CENTERLINE OF 7TH STREET AS VACATED BY ACTION OF THE BOARD
OF SUPERVISORS ON MARCH 4, 1915 PER VOLUME 36, PAGE 123 OF
RECORDS; THENCE S 73'21'17" E 384,31 FEET; THENCE S 15'07'21" W
155,11 FEET; THENCE N 73'21'17" W 20.00 FEET; THENCE S 15'07'21"
W 407,30 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 20,00 FEET; THENCE SOUTHEASTERLY
30,83 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88'18'21";
THENCE S 73'11'00" E 96,18 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTH HAVING A RADIUS OF 20.00 FEET; THENCE
NORTHEASTERLY 18.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF S3'S8'OS" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 48,00 FEET; A RADIAL LINE THROUGH SAID
BEGINNING OF REVERSE CURVE BEARS N 37.09'05" W; THENCE EASTERLY
61,82 FEET ALONG SAID CURVE 'rHROUGH A CENTRAL ANGLE OF 73' 47' 39";
THENCE ON A NON-TANGENT LINE N 61'16'02" E 122,01 FEET; THENCE N
15'07'18" E 77,24 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
PARCEL 1 SAID POIN'r BEING N 73'21'17" W 196,49 FEET FROM THE
NORTHEAST CORNER OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY
LINE S 73'21'17" E 20.01 FEET; THENCE LEAVING SAID LINE S
15'07'18" W 90.S4 FEE'r; THENCE N 73'21'17" W 15,01 FEET; THENCE S
61'16'02" W 10S,36 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE
WES'rERLY HAVING A RADIUS OF' 48.00 FEET, A RADIAL LINE TO SAID
POINT BEARS N 61'16'02" E; THENCE SOUTHERLY 73.99 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 88'19'03"; THENCE ON A NON-
TANGENT LINE S 30'24'55" E 117,19 FEET; THENCE S 15'10'12" W
92,87 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE ALONG
SAID SOUTHERLY LINE, N 73'11'00" W, 15.01 FEET; 'rHENCE N
15'10'12" E, 79.13 FEET; THENCE N 30.24'55" W 120,15 FEET TO A
POINT ON A NON~TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS
OF 48.00 FEET A RADIAL LINE TO SAID POINT BEARS S 5'47'27" E;
THENCE WESTERLY 64.1S FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 76'34'33" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO
THE SOUTHWEST HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE
THROUGH SAID BEGINNING OF REVERSE CURVE BEARS S 70'47'05" W;
THENCE WESTERLY 18.84 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 53'58'05"; THENCE
PE 339
S/7/91
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796
SHEET 2 OF 3 SHEETS
LEGAL DESCRIPTION
SEWER EASEMENT
(CONTINUED)
N 73'11'00" 'W 103.81 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE SOUTHEAST HAVING A RADIUS OF 20,00 FEET; THENCE SOUTHWESTERLY
32,01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91'41'39";
THENCE S 15'07'21" W 164.48 FEET TO A POINT ON THE SOUTHERLY LINE
OF SAID PARCEL 1; THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 N
73'11'00" W 30,01 FEET; THENCE N 15'07'21" E 746.78 FEET; THENCE
N 73'21'17" W 324,27 FEET TO THE WESTERLY LINE OF SAID PARCEL 1;
THENCE N 15'06'14" E 60,02 FEET TO THE POINT OF BEGINNING,
PE 339
5/7/91
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EASEMENT
SHEET 3 OF 31
PLAT 797
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PASCO ENGINEERING
(619) 259-8212
535 NO. HIGHWAY 101
SUITE A
SOLANA BEACH, CA 92075
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,lJ73°1 I'OO"W - 30.01'
/J73°/ lbo"w
15.01'
PE 339
798
SUBORDINATION AGREEMENT
Whereas¡ those parties concerned, desire to have the Deed of Trust
recorded 6-30-86 as file/page No, 86-267792 subordinated to
Easement For Public Sewers ("DOCUMENT" hereinafter) Required As
Condition of Approval Of TM 90-073 ;
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. /~ /. ~1
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Q'('(ß: .t\l2 I el, /'r1 ( /~¿~ ~71" / ./(.//
DATED(j1. BENEFICIARY O~ TRU~~EE
By:
Eric j, Hall
Title:
Director, Administrative Svcs.
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 MARr--l-l 2.0 i ¡'17r::¡ 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 -.!J. -1-q (
By
w~ +J ~
WARREN H. SHAFER, Dist: ct Manager
Cardiff Sanitation District
tf/04/COV2-251wp5 (3-18-91/1)
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799
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Di~§nito
Union Hi3h School District
710 Encinitas Blvd.
Encinitas, CA 92024-3357
619/753-6491
ACKNOWLEDGMENT EXECUTED BY A PUBLIC AGENCY
CIVIL CODE SECTION 1191
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
/
/ ¿t" 'l!,:- DA Y 0 F
(¿ Lf 5?,Æ ~,l-
, 1991, BEFORE
ON THIS
v
ME, JOANN M. SCHULTZ, NOTARY PUBLIC, PERSONALLY APPEARED
ERIC J. HALL, PERSONALLY KNOWN TO ME TO BE THE PERSON WHO
EXECUTED THIS INSTRUMENT AS THE DIRECTOR, ADMINISTRATIVE
SERVICES, OF THE SAN DIEGUITO UNION HIGH SCHOOL DISTRICT,
AND ACKNOWLEDGED TO ME THAT THE SAN DIEGUITO UNION HIGH
SCHOOL DISTRICT EXECUTED IT.
C/~1j iJ. ILlU:)}\)'\ {ß/"(l_Ê7
M~JCOMMISSI~ EXPIRES: ~1-J-94
'..-
L. S.
OFFICIAL SEAL
JO.<\N!'I fv\. SCHULTZ \
fJG,ARY PuCLiC . CALIFORNIA
SA~¡ [¡fEeD CCl.!tHY :
My comm. exr;ires JMI 1, 1994
DieglJf'l1o III . Folr1 W,lrren II! ' 0,11< Cr('st II! . North COrtst Alternrttive HS
S,ll1 [)i(,.~lJito liS . <;.In [)i(,~lJito Arlult F dllClt ion' Sunc;et HS . Torrey rinf'c; liS
"
800
SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded 12-21-89 as file/page No, 89-691005 subordinated to
Easement For Public Sewers ("DOCUMENT" hereinafter) Required As
Condition of Approval Of TM 90-073 ;
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
:::; é~OGè sai; / D71°~ ¡Trust. B:~t~~~~qn_M~~
By: George Bumann 1 RoseméJry Rl1m;:¡ rm
Title:
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 MARCH 20 I VI'?" that the Cardiff
Sanitation District consents to the' making of the foregoing
Subordination Agreement, and consents to recordation thereof by its
duly authorized officer. Ù
Date c,- C( - c¡ \ By WARR~~rict Manager
Cardiff Sanitation District
tf/04/coV2-251wp5 (3-18-91/1)
801
~3tate of Ca! ifornía
County of San Diego
On AM~J._"rJjjJ.._be fore me ,~-~-,:c.~_,kL.5J!fI~11S~_~, persona I I Y
a ppe a r ed --..GJ;cQe..~£_-~~Q -,-~.9.$.LI.Y\.A~'I-_J3y.1~.AtI.!o.J__------- ,
persona I I y known to me (or proved to me on the bas is 0 f
satisfactory evidence) to be the person(s) whose name(s) j.e.,'.are
subscribed to the within instrument and acknowledged to me that
hp/c::he-,o' they executed the same in t.4:!/I,t!!¡y ¡the i r author í zed
capacity(ies), and that by ~~/h~F/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and 0 f f i cia I sea I .
S; gnature_~~~,.
(Seal)
-
ø OFFICIAL SEAL
JANlCf K. SWENSON
. NOTARY PUSUC. CAlIfORrM
SAN OIEGO COUNTY
My Convn. Exølres May 6, 1994