1991-124420
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When Recorded, Mail to:
District Engineer
Cardiff Sanitation District
527 Encinita~ 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
SEWER EASEMENT
Project
W.O. No.
Log No.
CS-O79
CS-O79
N/A
Assessor's Parcel
No. 260-283-13
David Davis and Beverly Phillips
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 re~ove 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)
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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 IIB" 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 :k.ind 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. '
tf/O2/cov2-116wp5 (11-13-89/1)
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GENERAL
} 55
State of
County of S~;~ --.j) .~Y'('
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SHARON McDOWELL
NOTARY ~U3L1C ' CALIFORNIA
~RINC;~kl ,)FFICE IN
',AN D!~GO COUNTY
I r.1'!Co"""'-:"¡~':"J'è,lO,1993
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7'110122
GENERAL ACKNOWLEDGMENT
,
588
On this the ...;s;..- day of F.<:..{i-r;¿'( ¿. '>;/
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19, <'1 ,before me, ~
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the undersigned Notary Public, personally appeared
l~:v;J l"hl-":~:,
- personally known to me
h.-._f"rOved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) j"""'::, ~bscnbed to the
within instrument, and acknowledged that 5',>-7, executed It.
WITNESS my hand and official seal.
NATIONAL NOTAIIY ASSOCIATION. 23012 YenlU'. IIMI, . PO, 1108 .e25 . - H"', CA 1136&
NO, 201
State of { H \. ì t: \" ¡¿ I-J ì t\
County of Jcj.< Ù \\:, í.
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On this the ~ day of
\"l.\»I~I."I\\-"t
19~, before me,
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the undersigned Notary Public, personally appeared
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51:, personally known to me
[, proved to me on the basis of satisfactory eyidence
to be the person(s) whose name(s) \ )
within instrument, and acknowledged that
WITNESS my hand and official seal.
subscribed to the
executed it,
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Notary's Signatu\e
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NATIONAL NOTARY ASSOCIATION' 23012 Yentura Blvd, . PO, Box 4625 . Woodland Hills, CA 91364
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ËjO\NAI~DS AND 8:iO\NN ENGINEER8G
, 5H~
J.N.88-195.1
December 5, 1990
VS
LEGAL DESCRIPTION
FOR
PUBLIC SEWER EASEMENT
Being a portion of Parcel 2, according to Parcel Map No. 1269, in the City of Encinitas, County of San Diego, State
of California, filed in the Office of the County Recorder of San Diego County, February 1, 1973 more particularly
described as follows:
The most Southerly 15 feet of said Parcel 2.
Containing 1162 square feet, more or less,
88195,/g/
:2187 NE\NCASTLE AVENUE. SUITE 202 . CARDIFF BY THE SEA, CA 92007 " 619/436-8500
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:>:! proved to me on the basis of satisfactory eYidence to be the --ExeG--\lice
~ en President, anIL-------- Nlb------ ' ---,
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SUBORDINATION AGREEMENT
Whereas, those parties concerned, desire to have the Deed of Trust
recorded May 14, 1990 as f ile/page No. 90-261375 subordinated to
Easement For Public Sewers Requireð As condition of Approval Of
~pwpr 'F'.;:¡~PTT1Pnt- ("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.
February 20, 1991
DATED
THE BANK OF RANCHO BERNAROO
BE~EF:CI~YOR TRijSTEE
Bk¡r {i ~ ,/ Go¿~/
Ti F),le :Executive Vice President
l SS,
COUNTY OF_- §~_12.IE§()___- ---- ------ J
On this the2Dthday of~------- 19-9.1-- before
me, the undersigned Notary Public, in and for said County and State
personally appeared__-.JÒhn D. ,~------,
592
eallfonúa Coast Q:a:
TItle Company
----~
STATE OF CALIFORNIA
FOR NOTARY SEAL OR STAMP
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OFFICIAL SEAL
¡HERES!; L RICE
..Q;;,¡1';' ?U';;u~ CAUfORNIA
!'Á"i O:[GO COu'N'TY
r.t¡Comm, E!.plrnFeÞ, 25, 1994
proved to me on the basis of satisfactory eyidence to be N /A-
Secretary of the corporation that executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant t~! its by.laws or a
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GA(,EM¡;NT tiffAÆI{r;O TO
tAffOlrF 4ANfrnTION ~
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JO8 NO. 88-ltJfJJ 13 ¡I/oV'. ~o
SOWARDS AND BROWN ENGINEERING, INC.
CONSUL l1NG ENGINEERS
2187 NEWCAS"T\.E AVENUE SUI'Π202
CARDIFF BY THE SEA. CA. 112007 (619) 436 8500