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1990-362285 t , . . 90 362285 ." 12ð3 ~ f Recording Requested by: Cardiff Sanitation District ) ) ) ) ) ) ~ NO FEE ) SPACE ABOVE FOR RECORDERS'S USE ONLY if) 3m ~ 'l f)f'A '). I ') . ~'.- v ,n if-' ¡ L When Recorded, Mail to: District Engineer Cardiff Sanitation District 527 Encinitas Boulevard Encinitas, CA 92024 For the benefit of the District SEWER EASEMENT Assessor's Parcel No. 260-083-52 Project W.O. No. Log No. TPM 89-084 9460N 444 DONALD A. COUNTRYMAN, JACK W. GROSWITH, MICHEL HEGEDUS, and HERB LOWE hereinafter designate Grantor (s), owner (s) of the hereinafter described lands, for a valuable consideration, do~) 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 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) . 12è>4 . . to convey 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" 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. 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 removed by it. tfjO2/cov2-116wp5 (11-13-89/1) . 12~5 . 7 day of -Ll UN If OWNER: 19 W. Executed this . OWNER: By: MÍ;~ By' 1Ý~ ~~W~ ..-/ I/"- [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. Dated: ~ L~ tq t:t~ Ry' lJ . ~ - WARREN H. SAFER, District Manager, Cardiff Sanitation District tf/my/cov2-116wp5 (9-27-89) " . 1287 . EXHIBIT "A" That portion of Lot 17 of RIDGEWAY HEIGHTS, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 2163, filed in the Office of the County Recorder of San Diego County, July 3, 1929, described as follows: Commencing at the Northeast corner of said Lot 17; thence South 11°23'34" East, 81.96 feet along the Easterly line of said Lot 17 to the TRUE POINT OF BEGINNING of the herein described easement; thence South 78 ° 36' 26" West, 68.71 feet to the beginning of a tangent, 17.00 foot radius curve, concave Northeasterly, a radial bearing to said point bears South 11°23'34" East; thence Westerly along the arc of said curve, a distance of 11.55 feet, through a central angle of 38°56'33", to the beginning of a reversing, 28.00 foot radius curve, concave Easterly, a radial bearing to said point bears North 27°32'59" East; thence along the arc of said curve, a distance of 126.03 feet, through a central angle of 257°53'06" to the beginning of a reversing, 17.00 foot radius curve, concave southeasterly, a radial bearing to said point bears North 50 ° 20' 07" West; thence along the arc of said curve, a distance of 11.55 feet, through a central angle of 38°56'33; thence tangent to said curve, North 78°36'26" East, 68.71 feet; thence North 11°23'34" West, 36.00 feet, the the TRUE POINT OF BEGINNING. MLl176 ~, - ... 12ö8 Pl OF COMMENCEMENT . , ' . POR, .LOr /7/ ~ l~> ~ \\~/ ~ ,~cy ;) o;'ly ~ ~~v ~/ ~ . .P.' lW 12049 I I l ~~o@ "':Ii: ~o.. ~ "-°.>.... ~ ~~ ~ EIlSEMENT LINE ~ ( ?5' ~ \ "" ... ~I\Q ~~ ~I' ~~ ~ ~ ~ ~ ~ ~ ,"ù ~ ~ N ~ DltTfl Tfl13L E N(). ìJ IJR BE:IIR/Nli LENGTH /fIlO/tlS I .s 78°36'?6 HAl 68.711 - (2) A ,.,38c5l;' 3,'" /1.55' /7.()()' (3) A=l'ð7° ð3JtI"" lê6.tJ3' ë8.tJ/)' (4 IJ = 38(J 56J 33'" 11.55' 17. (}tJ' (5 S 78(J 36' R6"N 68.71' - (6 .s 11°¿'3'34" l 36.tJ(}1 - REV ISlaN BY ED O,U'E CITY OF ENCINITAS , -~~._..- - .. ----.....'-" ....- ',' -,_." ,,'- ... -...-..-.---,-.-. EXHIBIT "B" , " . , , . .' , , 11 . l , .} . '. . . 1289 . SUBORDINATION AGREEMENT Whereas, those parties concerned, desire to have the Deed of Trust recorded 01-18-90 as file/page No. 90-031218 subordinated to Easement For Public Sewers Required As Condition of Approval Of TPM 89-084 ("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 0 Trust in favor of said DOCUMENT to the same extent as if s id ENT had been executed prior to said Deed Of~'\ ~ ~ - ?-f!!? - 1;;) ("; DATED {" BEN ICI By: 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 20,1979 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 ~ 'V1. ~ ~îo TFj04jCOVl-140WP5 (3-21-90) By LJ~~ ~ WARREN H. SHAFER, District Manager Cardiff Sanitation District