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1991-470299 " . 791 .. Recording ,Requested by: Cardiff Sanitation District ) ) ) ) ) ) ) ) ) SPACE ABOVE FOR RECORDERS I S USE ONLY' , ¡¡IY When Recorded, Mail to: District Engineer Cardiff Sanitation District 527 Encinitas Boulevard Encinitas, CA 92024 . For the benefit of t~Eis~rict ", ".,. ~ ""'~J4T Afrt ~. .;JM7~"" f!,. " SEWER EASEMENT 'A \"0" Assessor's Parcel No. 265-026-14, . "'j~ \\ . \~ ", >. : '~I proj ect 'I'M 90-073 "W~O. No.' 1035 J' Log No. N/A' -J /; if \ 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( ù~~ W~¡¿&;"N ~,~'lí4;::ER ¡)/JTÆ/c.r /HAN/I~~ '" ' CIht:o/.rF J"AN/77I-r/ON O/J7i!:/ c:r .. tf/my/cov2-11'6WP5 (9-27-89) 794 ) 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. /'j ; /?' // ¿ , / y / . l. 'L ¿ ¿ (..;),( ','11 l.--~7- 2 [ '~f '--- 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 . , 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 - '-' EASEMENT SHEET 3 OF 31 PLAT 797 . . SEVY t:R ~ ~ , ' ~ Eï/;2J 'b . IÅJDlcaTëS .se.wel2 ;:<. êA5ëHëJJT G2tJJ..JTëD ~ TÒCtJ2DIFF SflJJIT4TIOJJ ~ O/STI2ICT ~ I- W W 0:: l- V> / , ,-,.. - W WI 0:::/ - e./) ~ 'w ,~ c:o -/ ~ I" ':<t: ~ ~:::: 'b 1',0:::' ~ 0... --I ~ ~ ~ .... <:) ~ ~ t'\i g ~ ~ r-- ~11=1001 ;:-.. ~ .... ~ I' 0 P ~ If) ::¿ ~ PASCO ENGINEERING (619) 259-8212 535 NO. HIGHWAY 101 SUITE A SOLANA BEACH, CA 92075 3 w I t 6 ,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 /, ~.. 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) -.::--- ,1 * ,- '. ~ . ¡ ., j , - , . 799 I,~'!,_, ..¡f- 1/ <1 L~'!ijIJ; t l- /~~7 (. Ì,/; ./' 7""7 , , ", / ,,/ Î .- " 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